Case Results » Miscellaneous Crimes
Case Dismissed Prior To Arraignment Against Driver Charged With Operating To Endanger [M.G.L. ch. 90 Section 24 (2)(a)]
A motorist received a summons to appear in a local District Court and answer to a charge of operating a motor negligently so as to endanger the lives of others. The individual contacted our office and Attorney McCarthy appeared in Court on the arraignment date. After reviewing the documents it was clear that the client was only charged with a misdemeanor that did NOT happen in the presence of the police officer. For that reason, he was entitled to a hearing before a clerk-magistrate PRIOR to arraignment. Following a hearing on the motion to judge agreed and case was dismissed and the defendant was NEVER arraigned on the charge. Thus, there was no board of probation record generated and the client walked out of the courthouse without initiating any criminal history.
Client Avoids Conviction For Operating Negligently To Endanger On Arraignment Date Despite History With The Courts
Client was charged with operating a motor vehicle negligently so that the lives and safety of others were endangered. According to the police report the police responded to the scene of a car accident. It was determined that the client's car had driven into a parked and unoccupied car.
Attorney McCarthy appeared with the client on the date of arraignment. She discussed the client's impressive employment history and educational background and case with the police prosecutor at length. The client had previous entries including charges for operating under the influence and possession of a controlled substance with intent to distribute. Depsite this history, the police prosecutor agreed to continue the case for a period of time and provided the client does not get rearrested the case will be DISMISSED. The client walked out of the courtroom without a criminal convictionAGAIN!
Read more in Miscellaneous Crimes
Charge Of Illegal Possession Of Counterfeit Money And Uttering Counterfeit Money Dismissed
A prospective customer passed a twenty-dollar bill to a store clerk that the clerk determined was a counterfeit bill. The customer explained that he received the bill from a friend and asked the clerk to check a second bill that was determined to be counterfeit. The unhappy customer returned to his friend and explained the situation and they all left the scene. The store clerk kept the alleged counterfeit bills.
The rejected customer went to the police station and explained that he received the bills from an ex-girlfriend and was not aware that they were counterfeit. The police questioned the former girlfriend and ultimately charged her and a third person with the above charges.
The former girlfriend retained Attorney McCarthy who immediately reviewed all of the police reports and related discovery. It became clear that the Commonwealth could NOT prove all of the elements of the crimes against her client. McCarthy vigorously explained her client's position to the Assistant District Attorney and the case against her client was dismissed. The client did NOT have to admit to any facts or even pay court costs.
Read More in Miscellaneous Crimes
Attorney McCarthy Secures Dismissal Of Operating To Endanger And Leaving The Scene Of An Accident After Causing Property Damage
According to the police report, a the police received information that a car, driven by the defendant, had hit a small tree in the downtown section of a small town. Upon approaching the car the police reported that the defendant appeared very confused, the officer smelled an odor of alcohol and noticed that the defendant's eyes were glassy and bloodshot. The defendant exited the vehicle and the officer reported that he was extremely unsteady on this feet and admitted to drinking alcohol. The defendant elected to take the breathalyzer test and the reading registered over .20. The defendant was charged with operating under the influence of alcohol, operating a motor vehicle so that the lives and safety of the public was endangered and leaving the scene of an accident after causing property damage.
Attorney McCarthy advocated strongly for the defendant and stressed his commitment to the community and that he was hard working in his employment and in school. The Commonwealth agreed to dismiss the counts of operating to endanger and leaving the scene of an accident. The operating under the influence of alcohol charge was continued for a period of time and provided the defendant satisfies certain conditions the case will be dismissed. Despite facing multiple serious charges, the defendant walked out of the courtroom without a conviction.
Clerk-Magistrate Denies Commonwealth's Application For A Criminal Complaint
The defendant was accused of traveling through a stop sign without stopping. During the roadside stop, the police discovered that the driver's license was suspended. The car was towed and the motorist was told that he would receive a summons in the mail for the criminal charge of operating a motor vehicle while his license was suspended. The defendant received notice to appear in court in due course.
Upon investigation it became clear that the client did not know that his license had been suspended for an unpaid ticket. Attorney McCarthy explained the circumstances to the clerk-magistrate and the criminal complaint did not issue against the client.
Pre-Trial Probation Secured For Defendant Charged With Sex For A Fee
The defendant was accused of arranging to have sexual relations with an attractive under cover female detective. The defendant enjoyed a strong marriage and was gainfully employed. The defendant wanted to avoid any type of admission or conviction that could interfere with employment opportunities.
The office engaged in lengthy negotiations with the District Attorney's Office. Due to persuasive letters and aggressive lawyering the Commonwealth ultimately agreed to place the defendant on pre-trial probation. Thus, he did NOT have to admit to sufficient facts or plead guilty. Provided the defendant satisfies certain conditions the case will be dismissed. The client walked away from the courthouse without a conviction or any type of admission.
Defendant Charged With Negligent Operation And Racing A Motor Vehicle Avoids Conviction
The police report alleged that concerned motorists reported that there was a group of "small racing type vehicles" stopping traffic on Route 95 North. Police claimed to have witnessed at least "six" cars stopped across all lanes of traffic and two "unidentified vehicles" rapidly accelerate away from the group in an "apparent drag race."
A State Trooper caught up with the vehicles and apparently identified some of the drivers who he believed were involved in the incident. The defendant was charged with negligent operation of a motor vehicle and racing a motor vehicle.
Attorney McCarthy filed a motion to dismiss alleging the police report did not contain enough facts to establish probable cause that a crime had been committed. After litigating the motion the Judge continued the case for a period of time and as long as the defendant satisfied certain conditions, including not getting rearrested, the case will be dismissed. Although the District Attorney requested that a guilty finding enter, Attorney McCarthy successfully persuaded the judge not to enter a guilty finding. Due to the skill and hard work of Attorney McCarthy the defendant was not convicted of ANY crime.
Attorney McCarthy Successful Prevents The Issuing Of A Complaint For Leaving The Scene Of An Accident Causing Property Damage Following A Clerk's Hearing
The police alleged that the young client left the scene after colliding and causing damage to a few motor vehicles parked on a public way. The client was summonsed for a clerk's hearing. Attorney McCarthy conducted investigation and client interviews prior to the hearing date and avoided the issuance of the criminal complaint against the defendant.
Client Avoids Facing Criminal Charges Of Minor In Possession Of Alcohol
The police responded to a report of a house party. The officers entered the home and opined that there had been a party with "under age kids" in attendance. Apparently, they believed that some of the guests left the get together after the police arrived. After speaking to those that remained the police found a bottle of alcohol and concluded that a number of the guests had consumed alcohol and been in possession of alcohol while under the legal drinking age of twenty-one. A number of those that were at the house, whether they were there when the police arrived or not, were summonsed to court to face criminal charges for being a minor in possession of alcohol.
Attorney McCarthy attended the hearing and advocated for her client. Following the hearing the clerk agreed not to issue a criminal complaint against the client. The case will be dismissed, prior to the defendant's arraignment, provided certain conditions are fulfilled.
Charge of Criminal Harassment To Be Dismissed Following A Clerk's Hearing
The complainant alleged that the defendant was waiting for her in a parking lot when she arrived and or departed for work. According to the woman, the defendant seemed to be waiting for her in a parked car in the lot where she parked for work. Eventually, the defendant approached her and began speaking with her. Following this encounter, she reported the incidents that occurred over the approximately one year, to the local police.
Following the clerk's hearing, the complaint did not issue. The police department agreed that if the defendant ceased contact with the complainant and had not further incidents for one year, the complaint would be dismissed.
Charges of criminal harassment and disturbing the peace dismissed after clerk's hearing/Initial Case
Complainant charged that the defendant engaged in criminal harassment and disturbing the peace due to the defendant's operation of an all terrain vehicle on his own property. At the clerk's hearing a police officer testified that the complainant and neighbor of the defendant complained of screws strewn on his driveway and occasions when the defendant allegedly drove his all terrain vehicle causing dust to settle on the neighbor's property. The complainant applied for a criminal complaint claiming that these actions of his neighbor disturbed the peace and interfered with the tranquility of his life. Attorney McCarthy represented the defendant at the clerk's hearing and the complaint did not issue against the defendant.