Case Results » Knowingly Being Present Where Heroin is Kept

  • Charges of assault and battery, assault and battery by means of a dangerous weapon, operating after license was suspended and possession of a class A substance to be dismissed/Initial Case

    The police responded to a local shopping Mall for a report of a disturbance in the area of one of the restaurants. The police approached the defendant and another person that, according to the police report, appeared to have “track marks” on their arms, were sweating profusely and acting in an excited manner. The police were aware of a history of drug use by the defendant. The police approached the pair and conducted a frisk of the defendant which led to the recovery of a hypodermic needle and syringe with Heroin in the needle cap. An inventory search of the defendant’s car uncovered a bottle of alcohol. The defendant was not twenty-one and was charged with being a minor in possession of alcohol and possession of heroin. At the time of the defendant’s arrest he was on probation for assault and battery, assault and battery by means of a dangerous weapon, assault by means of a dangerous weapon, operating after his license was suspended and possession of a class A substance. The probation department was looking to surrender the defendant and have the court enter guilty findings on these offenses and the new offense. Attorney McCarthy successfully negotiated a resolution of the cases whereby the defendant will not have a criminal record and all of the charges will be dismissed in one year provided the defendant stays out of trouble and fulfills agreed upon conditions.

  • Charge of Domestic Assault and Battery Dismissed and One Count of Possession of Herion To Be Dismissed/Initial Case

    According to the police report the police were dispatched to a home to take a report of a past “domestic assault and battery.” The complainant informed the police that her boyfriend had been “shooting up heroin” earlier in the day because there were two needles on the coffee table in the living room where he was sitting. The complainant stated that during a verbal argument between the pair the defendant grabbed her by the arm and spit in her fact. The officers observed red marks over her eye. Officers approached the defendant who had left the home. The officers searched his wallet and found what they believed to be a packet of heroin. Our office filed a motion to suppress evidence and statements. On the day of the hearing the prosecutor dismissed the count of assault and battery. The count of possession of heroin was generally continued for one year. As long as the defendant stays out of trouble the count will be dismissed.

  • Charge of larceny by check over $250.00 dismissed prior to trial/Initial Case

    The complaint alleged that the defendant committed larceny by check over $250.00 in the amount of $278.00. The defendant was served with notice of a probation surrender in another court alleging the larceny over as grounds for the surrender. The defendant faced a two year committed sentence in the event his probation was surrendered in the other court. Attorney McCarthy successfully negotiated the dismissal of the new larceny on the payment of restitution to the aggrieved party. The complaint was dismissed.

  • Case dismissed charging defendant with knowingly being present where heroin is kept/Initial Case

    According to the police report, officers responded to a call for a “possible overdose of cocaine.” A police officer approached two individuals that “appeared to be under the influence.” The police described the parties as acting nervous, excited, sweating and continuously talking. The parties reported that they were chasing an individual who they believed needed medical assistance due to ingestion of a controlled substance, i.e., cocaine. The parties returned to their apartment. The police searched the home and found uncapped needles and a clear plastic baggie containing a substance believed to be heroin. All parties were arrested and charged with knowingly being present where heroin is kept or present. Attorney McCarthy negotiated the dismissal of the charges against the defendant.

  • Pre-trial Motions resulted in the dismissal of six felonies and one misdemeanor/Initial Case

    A civilian witness claimed that a former employee committed two counts of larceny by check, two counts of forgery, two counts of uttering a false check and one count of larceny by a single scheme over $250.00 If convicted, the defendant could have received a maximum of up to ten years on each count on forgery and uttering a false check, up to five years on the larceny by single scheme and up to one year in jail on the larceny by check under $250.00. The defendant faced a total of 4 to 6 years in prison if convicted. Aggressive pre-trial investigation and successful litigation of motions resulted in the outright dismissal of all counts against the defendant prior to trial.