Case Results » Drug Crimes
Case Sealed For Non-Citizen Defendant
Our office successfully secured the dismissal of a drug case against a non-citizen. However, the individual desired to secure housing and hopefully, a new VISA to attend school in the United States. In order to improve the likelihood of achieving this goal, our office filed a Petition to Seal The Record pursuant to M.G.L. ch. 276 section 100C. This section states in part that when a nolle prosequi or a dismissal has entered and it appears that "substantial justice would be served" the court shall "direct the clerk to seal the records of the proceedings in his files." A Petition to Seal was filed on the defendant's behalf and allowed by the Court.
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Illegal Possession of Class "C" Substance With Intent to Distribute Dismissed
Client was charged with possession of a class "C" substance with intent to distribute based on a search of a Fed-Ex package by state and local law enforcement. Upon reviewing the discovery it became apparent that the police had absolutely NO probable cause to seize and search the package. A motion to suppress evidence was promptly filed asserting that he client's state and federal constitutional rights were violated by this improper search.
On the day of the evidentiary hearing on the motion to suppress evidence the police officers did not show up. Our office explained the circumstances surrounding the illegal search and seizure of the evidence and the Court dismissed the case for lack of prosecution. The relieved client walked out of the courthouse without having to pay court costs and with the case dismissed.
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Young Professional Avoids Conviction For Drug Offense
A casual drive with a friend took a bad turn when the police pulled the defendant's car over and ordered the driver and passenger from the vehicle. The police alleged that they saw what they believed was a drug transaction between the passenger and another male. The police confiscated four Percocets from the car and charged both individuals with illegal possession of a Class "B" substance to wit Percocet. See, M.G.L. Chapter 94C section 34.
The driver of the car retained our office and we went right to work. Attorney McCarthy contacted the District Attorney's office prior to the arraignment date and outlined the defendant's impressive educational and charitable background and his future good opportunities for employment. On the day of arraignment the ADA agreed to continue the case for a few months. Provided the defendant satisfied a few conditions the case will be dismissed.
The client did NOT have to admit to sufficient facts and was NOT found guilty. He walked out of the courtroom relieved that his job would not be jeopardized.
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Possession of A Class "A" Substance [Heroin] Dismissed Prior To Arraignment
The defendant faced one count of illegal possession of a Class "A" substance in violation of M.G.L. ch. 94 section 34. The charge stemmed from an incident that occurred out of the presence of the police. Attorney McCarthy filed a Motion to Dismiss the Charge Prior To The Defendant's Arraignment because the defendant was not afforded the opportunity to be "heard personally or by counsel in opposition to the issuance" of the complaint as required by M.G.L. ch. 218 section 35A. The judge agreed with McCarthy and the case against the defendant was dismissed prior to arraignment. There was no entry made on the defendant's record.
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Distribution of A Controlled Substance To Be Dismissed [M.G.L. ch. 32C]
Allegedly as the result of several complaints of drug activity, the local police department set up a surveillance in a local neighborhood. The purportedly experienced drug control officers observed what was described as a "drug transaction" between the defendant and another individual. The police stopped the "buyer" who identified the person that sold him the controlled substance [i.e., marijuana] and supplied corroborating text messages.
The police approached the defendant who admitted to selling a bag of marijuana to the buyer. The police then searched that the defendant's home and confiscated a digital scale, mason jars of marijuana, glassine baggies and a wallet containing cash. The defendant was charged with distribution of a class D substance [M.G.L. ch. 32C].
Attorney McCarthy presented the defendant's impressive academic and personal background to the judge. Following a disparate recommendation by the parties, the judge imposed Attorney McCarthy's recommended sentence of a short continuance with the case to be dismissed provided the defendant does not get rearrested. The defendant walked out of the courtroom without a conviction.
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District Court Dismisses Possession Of A Class "A" Substance Charge
A college freshman accompanied a friend to downtown Lawrence. Police officers approached the car and ordered the occupants out. The defendant/client was the passenger. The police searched the car and found a packet of what they believed was heroin in the area of the front passenger seat. Attorney McCarthy stressed the questionable nature of the stop and exit order and the Commonwealth agreed to a straight dismissal of the case.
Client With Prior Drug Convictions Receives Pre-Trial Probation
According to the police report a Police Officer noticed a car precariously parked in grass on the side of a busy road. The curious officer approached the car and saw an individual in the car that appeared pale and gaunt. According to the officer as he approached the vehicle he noticed the occupant was sweating. Eventually, the officer searched the car and found what he believed were controlled substances and drug paraphernalia. The defendant was arrested and charged with numerous drug offenses as a "subsequent offender."
Attorney McCarthy conducted pre-trial investigation and interviews and became closely familiar with the defendant's background. Despite the fact that the defendant had a lengthy prior record, the District Attorney's Office ultimately agreed to place the defendant on a short term of pre-trial probation. The case will be dismissed provided the defendant stays out of trouble. The client did not admit to sufficient facts or receive any type of conviction.
Attorney McCarthy Secures Dismissal Of Felony Drug Offense
The defendant was charged with possession with intent to distribute marijuana. According to the police report, the police approached a legally parked on a public street with three occupants. The police claimed that there were a "number of complaints" in the neighbor relative to drug activity. Following an initial conversation with the driver, who was not the defendant, the officer improperly ordered everyone out of the car. During a search of the car the police found a small scale and baggies containing what the police believed was marijuana on the defendant. The police arrested the defendant and charged him with possession of marijuana with intent to distribute.
Attorney McCarthy filed numerous motions including a motion to suppress and to dismiss. In the motion to suppress, Attorney McCarthy argued that the approach to and search of the defendant and the car that he was in was improper. On the day of the motion hearing the Commonwealth dismissed all charges against the defendant.
Defendant Released From Prison After Attorney McCarthy Secured Reversal Of Conviction Of Drug Offenses Where Defendant Was Serving A Mandatory Sentence
The defendant was convicted of possession with intent to distribute cocaine in a school zone as a second and subsequent offender. He was serving seven years in prison as a result of the convictions. Attorney McCarthy represented the defendant on appeal and successfully litigated the reversal of the convictions. The appeal was primarily based on the argument that the introduction of the drug certificates at trial violated the defendant's state and federal constitutional rights to cross examination and a fair trial. See, Melendez-Diaz v. Massachusetts, 129 S. Ct. 2527(2009).
Following the reversal Attorney McCarthy promptly brought the defendant before the court and argued for his release from prison. The defendant was released that day.
Defendant avoids conviction on a drug arrest/Initial Case
A police officer pulled over a car after he observed the car travel through a red light without stopping. The officer smelled marijuana in the car and observed that the defendant's eyes were "glassy and his pupils dilated." The defendant admitted to smoking marijuana earlier in the day. The police officer observed marijuana leaves and stems on the center console area of the car and recovered two bags of what he believed was marijuana from the car. The defendant was charged with possession of marijuana [M.G.L. C94 S34] and failing to stop for a red light. Although the defendant had a criminal record, Attorney McCarthy negotiated a disposition whereby the case would be dismissed provided the defendant abides by agreed upon conditions and does not get rearrested within eighteen months.