Case Results » Drug Violation Near a School Zone
Non-Citizen Placed On Pre-Trial Probation And Avoids Immigration Consequences
A non-citizen college student was charged with illegal distribution of a "Class D" [M.G.L. ch. 94C s.32C] substance after undercover police officers observed her exchanging the product for cash at a local park. The officers quickly approached the young woman and arrested her. She immediately realized the gravity of her mistake when she was told that any type of admission or conviction for this type of offense would result in her deportation and inability to re-enter the country.
Our office went to work immediately and highlighted her impressive educational background and her civic contributions to the District Attorney's Office. Eventually, the prosecution agreed to continue the case for a period of time and provided there are no more issuesthe case will be dismissed. Negotiating this disposition avoided collateral immigration consequences for the client.
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Case To Be Dismissed Against Client Who Faced A Mandatory Prison Sentence For Possession With Intent To Distribute Marijuana In A School Zone
According to the police report, police responded to a downtown Boston apartment because of a call for a home invasion. Upon entering the apartment and arresting the alleged perpetrators, the officers observed what they believed to be drug paraphernalia. The police secured a search warrant.
During the execution of the search warrant marijuana plants, tents, scales and baggies were confiscated from the apartment. Some of the items were confiscated from a room that the police believed belonged to the defendant, although he was not present during the incident or execution of the warrant.
The defendant was charged with the above offenses. Attorney McCarthy successfully litigated a motion to dismiss the school zone portion of the charge during the initial stages of the case. The potential for serving a mandatory jail sentence was removed early on in the case much to the client's pleasure.
After persuasive advocacy on Attorney McCarthy's part the prosecutor reduced the case to one count of possession of marijuana that will be dismissed provided the defendant satisfies certain conditions and does not get rearrested. The client avoided conviction and a mandatory jail sentence.
Attorney McCarthy Secures Dismissal Of Two Separate Cases Charging Unlicensed Operation And Operating After Suspension Of Driver's License For Local Professional Woman
In July, 2010 a police officer pulled a car over after noticing an expired inspection sticker. A RMV inquiry indicated that the registration was expired and that the driver's license had expired. The defendant was charged with unlicensed operation of a car, operating an unregistered motor vehicle and failing to have an inspection sticker. She was summonsed in to the Lawrence District Court. Unfortunately, the summons went to the wrong address and a warrant issued for her arrest.
In December, 2010 another police officer pulled the same woman over for a broken headlight. A RMV inquiry indicated that her license to operate was suspended and there was an outstanding arrest warrant for her failure to answer to the first set of charges. The defendant was arrested. Attorney McCarthy negotiated a disposition whereby all charges were dismissed on minimal court costs.
Case Charging Defendant With Possession Of a Class B Substance With Intent To Distribute In A School Zone Dismissed Against Defendant
The Boston Police pulled over the defendant's car after observing what they claimed was conduct consistent with distribution of drugs between a passenger in the defendant's car and another individual. The officers claimed that they found heroin on the defendant and under the driver's mat. Because the car was pulled over close to a school, the defendant was charged with two counts of possession of heroin with intent to distribute in a school zone and faced two mandatory minimum sentences.
Attorney McCarthy filed a number of pre-trial discovery motions and evidentiary motions to suppress the stop and derivative evidence and a motion to suppress the defendant's statements. After reviewing the case the District Attorney's Office dismissed the mandatory minimum portion of the charge and the possession count will be dismissed in six months provided the defendant does not get rearrested.