Case Results » Lawrence
Attorney McCarthy Successfully Amends Restraining Order
The District Court granted the plaintiff's request for a temporary restraining order based on her claim that she was in fear of the defendant. The defendant was ordered to remain away from the residence and not contact the plaintiff. The plaintiff was granted custody of the couple's toddler. Attorney McCarthy filed a Motion to Vacate The Restraining Order based on the grounds that the plaintiff repeatedly sent text messages to the defendant and due to the fact that the plaintiff left the residence therefore, the defendant should be allowed to move back to the apartment. Attorney McCarthy maintained that the request by the plaintiff not to have the defendant contact her was disingenuous in view of the fact it appeared that the plaintiff was inviting contact with the defendant through text messages. Following discussions with a representative of the District Attorney's Office and a hearing the judge vacated the "no contact" portion of the order allowed the defendant to move back into his residence.
Lawrence District Court Judge Vacates Restraining Order
The plaintiff and the defendant were roommates and both names were on the lease. The plaintiff applied for a restraining order claiming that she was fearful of the defendant based on the exchange of a number of text messages. The plaintiff maintained that the defendant emotionally and verbally abused her. Following a hearing in which Attorney McCarthy cross examined the plaintiff and presented oral argument, the judge vacated the restraining order.
Attorney McCarthy Negotiates Dismissal of Domestic Abuse Charges
The police responded to a home for a report of alleged domestic abuse. After interviewing the residents the police arrested the defendant and charged him with assault and battery. Pre-trial investigation and interviews indicated that there was no physical contact between the defendant and his wife. Uncovering this favorable evidence resulted in a dismissal of the case without the defendant having to admit to facts or admit guilt.
Attorney McCarthy Negotiates Pre-Trial Probation For Felony Charge
The police responded to a home on a report of "a party damaging her sister's vehicle." The officer spoke with the individuals present and ultimately arrested the defendant and charged her with malicious destruction of property valued over $250.00 which is a felony punishable for up to ten years in state prison, two and one half years in jail or by a fine of $3000.00 or three times the value of the property injured (whichever is more). Attorney McCarthy negotiated a disposition of a general continuance whereby the defendant did not have to admit to any facts or plead guilty and the case would be dismissed provided the defendant fulfilled specified conditions.
Attorney McCarthy Negotiates Dismissal Of Felony Charge For Businessman
During the early morning hours, police were dispatched to a college dormitory on a report of a breaking and entry in progress. Based on descriptions provided by the occupants of the dormitory, the defendant and his colleague were detained and questioned about their activities that evening. Following a brief investigation the defendant was arrested and charged with a felony offense of breaking and entering in the nighttime with intent to commit a felony. Attorney McCarthy conducted extensive pre-trial interviews with defendant and engaged in negotiations with the Commonwealth in an effort to preserve the defendant's record. Based on Attorney McCarthy's negotiations and sentencing memorandum, the court imposed pre-trial probation for a period of time. Upon the completion of certain conditions the case will be dismissed against the defendant.