Case Results » Disorderly Conduct in Massachusetts

  • Charges Of Disorderly Person, Resisting Arrest And Illegal Possession Of A Class A Substance, To Wit, Heroin Dismissed

    Police officers claimed to observe, what they believed to be, a drug transaction. They followed the defendant and he ran away-allegedly into traffic. When they caught up to him he was questioned about his activities. Ultimately, illegal product was found on his person and he was arrested. He faced charges of being a disorderly person [M.G.L. chapter 272 Section 53], resisting arrest [M.G.L. chapter 268 Section 32B] and illegal possession of a class "A" substance to wit heroin.

    Attorney McCarthy appropriately argued that running from the police does NOT satisfy the elements of the crime of resisting arrest. Additionally, the Commonwealth could not prove the offense of "disorderly person" because the public was NOT inconvenienced by the defendant's actions. These two charges were dismissed and the possession case will be dismissed in a short period of time provided the defendant satisfies certain conditions.

    Read More in Resisting Arrest

  • Clerk Fails To Issue A Complaint For Keeping A Disorderly House

    Due to noise complaints by neighbors, the police arrived at the defendant's house. During the course of investigating the source of the complaints the police entered the defendant's house and observed open beer cans and the house in disarray. The occupants of the home were not present when the police entered. Based on information gathered from individuals present the defendant was summonses to court to fact one count of keeping a disorderly house.

    Historically, this charge was lodged against individuals that were using a home or establishment to conduct "immoral" businesses. Recently, the police have charged defendant's [home owners] with this crime when it appears that a party has become out of control. Although the term "keeping" suggests that there must be more than one incident of the complaining behaviour—local courthouses routinely issue complaints based on one gathering that apparently got out of hand.

    In this case, following the clerk's hearing, the clerk agreed not to issue the complaint against the client provided certain conditions are satisfied. The client will avoid arraignment and therefore any record of this charge once the conditions are satisfied.

    April 2014

  • Disturbing The Peace And Disorderly Conduct Charges To Be Dismissed Against A Local College Student

    The police report alleged that they saw several vehicles slowing down in front of him due to an individual that was "stumbling in the middle of the roadway." The officers believed that the individual was under the influence as she would not leave the area. The defendant was ultimately arrested and charged with disturbing the peace and disorderly conduct. Over the Commonwealth's objection, Attorney McCarthy convinced the judge to order a period of pre-trial probation and if the defendant satisfies certain conditions the case will be dismissed without the defendant admitting to sufficient facts or admitting guilt.

  • Attorney McCarthy Secures Dismissal Of Assault And Battery On A Police Officer And Disorderly Person Charges Stemming From An Incident At Logan Airport

    The police report alleged that the defendant and his companion "appeared to be intoxicated and unruly . . . creat[ing] a disturbance inside security, attracting the attention of employees. . . " when he was attempting to board his flight at Logan Airport. The Troopers claimed that the defendant also used profanity which led to his ultimate arrest. In addition to missing his flight, the defendant was hauled into the East Boston District Court where he faced two misdemeanor charges of assault and battery on a police officer and being a disorderly person. Attorney McCarthy successfully negotiated a disposition whereby the case was dismissed on court costs.

  • Two counts of possession of Class E substance and disorderly person dismissed against defendant/Initial Case

    The police responded to a residence for the report of a person "out of control." When the police arrived they observed the defendant barricaded in a room. The defendant caused damage to the room and furniture. Officers saw the defendant throw a mattress and knock out the lighting in the room. The officers forced their way into the bedroom and subdued the defendant with pepper spray. Following the defendant's arrest and transport to the police station, the police searched the room and recovered two different types of sleeping pills. The defendant was charged with disorderly conduct, destruction of property and two counts of possession of a Class E substance. Due to the filing of pre-trial motions to dismiss, the Commonwealth moved to dismiss the charges of disorderly conduct and possession of a Class E substance. The defendant paid a fine on the remaining count of destruction of property.

  • Pre-trial motion to dismiss leads to dismissal of disorderly person charge/Initial Case

    Officers entered a residence to affect the arrest of a subject who they believed had outstanding warrants. After gaining entry to the home, the police searched for the person. Once the individual was located the officers attempted to subdue him. The officers resorted to spraying pepper spray to overcome the subject's resistance. After spraying the pepper spray at the resident, a family member threw water. The police claimed that the water was thrown at a police officer in an effort by the defendant to prevent the arrest of a family member. The police charged the defendant with resisting arrest and disorderly person. As a result of a pre-trial motion to dismiss the Commonwealth moved to dismiss the disorderly person charged. The court ordered a minimal fine on the remaining charge of resisting arrest.