Case Results » Possession

  • Case Dismissed Against Client Charged With Illegal Possession Of Heroin

    A surveillance was set up in a local downtown area and the target was to arrest individuals that appeared to be involved in illegal drug sales and purchase—particularly the illegal possession of heroin. An unsuspecting passenger in a car was in the wrong place at the wrong time when a swarm of undercover police officers approached the driver of the car he was in and ordered everyone out of the car. Unfortunately, a search ultimately led to heroin being present in the glove compartment and console. The passenger was arrested and charged with illegal possession of heroin [M.G.L. ch. 94C Section 34].

    Our office went immediately to work and filed a motion to suppress the stop and the evidence and a motion to dismiss based on lack of probable cause. The case was ultimately dismissed.

    Read More in Drug Crimes

  • Case Of Illegal Possession Of Heroin And Illegal Possession Of Klonopin To Be Dismissed Despite Defendant's Criminal History

    The police claimed that they witnessed and undercover sale to a passenger in the car driven by the defendant. Based on their observations, the car was pulled over and the individuals were ordered out of the car. The driver was found to have heroin, klonopin and ripped plastic baggies on him. The driver was charged with illegal possession of heroin [M.G.L. ch. 94C Section 34] and illegal possession of klonopin [M.G.L. ch. 94C].

    Attorney McCarthy filed a motion to suppress the evidence. The defendant had previous incidents with the police. Based on the strength of McCarthy's motion the District Attorney's Office agreed to continue the case for a period of time to be dismissed provided the client did not get in any trouble and satisfied certain conditions.

    Read More in Drug Crimes

  • Clerk Does Not Issue Complaint For Illegal Possession Of A Class "A" Substance [Heroin] M.G.L. ch. 94 section 34

    A middle-aged defendant was summonsed to court for illegal possession of a Class "A" substance. During the hearing, our office advocated that the complaint not issue as the defendant had no criminal record and had addressed his addiction issue. The clerk did NOT issue the complaint. As long as the defendant does NOT get charged with another crime within a short period of time he will NOT have to face a judge. The client avoided any entry on his board of probation record.

    Read More in Clerk Magistrate Hearings

  • Client Avoids Conviction For Illegal Possession Of A Class "B" Substance [Cocaine] M.G.L. ch. 94 Section 34

    A ride home on the MBTA took a bad turn when and undercover police officer alleged that he saw white powder on a suspects nose and a vial fall from the passengers lap. The police approached the individual and ultimately searched him and retrieved, what the cops thought, was cocaine. The man was charged with possession of a class B substance.

    After interviewing the client at length, Attorney McCarthy appeared in court and vigorously advocated for a disposition that did not require the defendant to admit to any facts or get a criminal conviction. McCarthy stressed the client's lack of a criminal record and stellar work history. The District Attorney ultimately agreed to a dismissal of the charge against the defendant.

    Read More in Drug Crimes

  • Court Allows Motion To Dismiss Prior To Arraignment For Illegal Possession of A Class "A" [Heroin] Substance

    An absent minded individual left his wallet at a gas station after filling his tank. A civic-minded citizen found the wallet and in the process of attempting to determine its owner, found, what she believed was an illegal drug, in the wallet. She promptly went to the local police station and turned the wallet – and the contraband – over to them.

    The police ultimately spoke to the owner of the wallet who, without speaking to an attorney, admitted that the controlled substance was his. The police issued a summons for the defendant seeking to charge him with being in illegal possession of a Class "A" substance to wit heroin.

    Upon receiving the summons, the defendant contacted our office. Based on the facts of the case, Attorney McCarthy moved to dismiss the charge because the defendant was entitled to a clerk's hearing. for the offense of Illegal possession of a Class "A" substance. Our position was that because the alleged crime occurred outside of the presence of the police officer and it was a misdemeanor he was entitled to a clerk's hearing before a complaint issued against him. The motion specifically requested that the defendant NOT be arraigned—thus avoiding ANY entry on a board of probation record. After reading the motion and memorandum the judge agreed and the case was dismissed prior to arraignment. The client avoided ANY entry on his board of probation record as a result of this incident.

    Read More in Drug Crimes

  • Client Avoids Prosecution For Illegal Possession Of A Class "A" Controlled Substance To Wit: Heroin

    Police received information that family members were concerned about a young woman's well being.  Police pulled a car over that apparently matched the description of the car that she may have been a passenger in. The police pulled the car over and retrieved two closed purse type bags that contained what was believed to be heroin and drug paraphernalia. The passenger defendant was taken to the hospital for treatment and received a summons for illegal possession of heroin. Attorney McCarthy presented a comprehensive background of the defendant emphasizing her success in treatment programs and potential to be a productive and law abiding citizen at the clerk's magistrate hearing. The case was continued for a period of time and will be dismissed provided the defendant continues in treatment. Due to the fact that the defendant was not arraigned, she avoided any type of entry in her criminal history with the board of probation.

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  • Possession Of Heroin Case To Be Dismissed

    The police approached a motor vehicle in a hotel parking lot and apparently "startled" the occupants. Claiming "safety concerns" the uniformed officer ordered the occupants out of the car and handcuffed them. Up to this point, the police had not received ANY information that the pair was involved in any type of crime and they were not behaving suspiciously. After back up arrived, the police searched the car and found what was identified as heroin in a space under the radio and other evidence identified as "drug paraphernalia."

    Attorney McCarthy represented the passenger and filed a motion to dismiss for lack of probable cause to arrest and a motion to suppress evidence claiming that the police had NO reason to order the occupants out of the car and NO probable cause to search the vehicle. On the day of the hearing the judge proposed a general continuance for a short period of time. The client was NOT required to admit to any facts. The case will be dismissed in three months provided the defendant does not get rearrested. The client left court without a conviction or any type of finding.

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  • Attorney McCarthy Secures Dismissal Of Possession Of Heroin

    The police arrested the defendant following a "sting" in which he was charged with illegal possession of heroin. The defendant had NO previous involvement with the criminal court system. Attorney McCarthy litigated a motion pursuant to Massachusetts General Laws Chapter 11E section 10 which can be filed when it is a defendant's first time being charged with a drug-related offense. Attorney McCarthy persuaded the judge to continue to the case for a short period of time while the defendant continued drug counseling. Provided the defendant continues in the program the case will be dismissed. The client did NOT have to admit to facts or plead guilty.

  • Charge Of Illegal Possession Of Heroin And Knowingly Being Present Where Heroin Is Kept Dismissed Against Client

    Police Detectives in downtown Lawrence approached a car based on observations made during a surveillance operation. The police engaged in conversation with the occupants of the car and ordered them to exit the vehicle. The police claimed to observe a "brown substance" believed to be heroin and a needle cap inside of the car.

    Attorney McCarthy presented the defendant's favorable background and the questionable exit order and search of the car by the police. Based on the facts of the case, a viable motion to suppress evidence because the police violated the defendant's constitutional rights by ordering her out of the car and conducting a search could be filed. Recognizing the deficiencies in the case the Commonwealth agreed to a dismissal of the criminal charges against the defendant.

  • District Court Enters a Nolle Prosequi For Defendant Charged With Possession Of Marijuana With Intent To Distribute In A School Zone Following Attorney McCarthy's Successful Litigation Of Motion To Suppress Evidence

    The police pulled the car driven by the defendant over for a routine traffic violation. Following brief questioning, the defendant gave the officer a minimal amount of marijuana. Based on an alleged strong "odor" of fresh marijuana, that the officers claimed emanated from closed mason jars, the car was searched. Based on the seized evidence the defendant was charged with possession of marijuana with intent to distribute in a school zone.

    Following a lengthy evidentiary hearing, the judge agreed with Attorney McCarthy that the search of the car was illegal and the evidence was suppressed. The District Attorney's Office reviewed the matter and declined to prosecute the case against the defendant. The happy client walked out of the court room.

  • Charge Of Illegal Possession Of A Class "B" Substance To Be Dismissed

    Police officers pulled a car over that was operated by the defendant. As justification for the stop, the officers claimed that the license plate for the car the defendant was driving was not illuminated. According to the police report, because the operator/defendant was acting "extremely nervous" the officers asked for back up and eventually ordered the operator out of the car. During a search of the car, which Attorney McCarthy argued was illegal, the police confiscated baggies which the police believed contained a class "B" substance.

    Upon examining the discovery, Attorney McCarthy filed a motion to suppress and dismiss evidence based on the fact that there was no probable cause to charge the defendant with a crime, the illegal exit order of the defendant from the car and the illegal search of the car. After McCarthy filed these viable motions the judge continued the case for a short period of time which will be dismissed provided the defendant does not get into rearrested. The defendant did NOT have to admit to any facts and there was NO conviction.

  • District Court Dismisses Illegal Possession Of Class B Substance

    The police alleged that the driver of the car that the defendant/passenger was in committed a civil traffic violation. After pulling the car over the police ordered the passenger out of the car and confiscated a controlled substance from her. The defendant retained Attorney McCarthy. Attorney McCarthy pointed out the illegality of the stop and exit order and presented the client's background in a favorable light. The District Attorney's Office agreed with Attorney McCarthy and the case was dismissed.

  • Attorney McCarthy Prevents The Issuance Of A Complaint For Illegal Possession Of A Controlled Substance During A Clerk's Hearing

    A police officer pulled a car over for speeding. For no apparent reason, he ordered the occupants out of the car and searched the vehicle. During the search he found illegal inhalants in luggage. During the clerk's hearing Attorney McCarthy pointed out that because the substance was not currently being "inhaled" no crime had been committed. The Clerk and the Police Prosecutor agreed and no charges were issued against her client.

  • Illegal Possession Of A Class B Substance Dismissed On Day Of Arraignment

    Before a concert police officers approached a car in the Comcast Center parking lot and claimed that they saw the three occupants popping pills. The curious cops questioned the driver and his passengers at which time they claimed that they saw pills on the driver's lap. One of the occupants stated that he believed the pills were "ecstasy" and none of them made it to the concert. All of the disappointed concert goers were arrested. Attorney McCarthy interviewed the clients and negotiated a disposition whereby the cases against her clients were dismissed on the day of the arraignment without having to admit to any facts.

  • Attorney McCarthy Negotiates Dismissal Of Possession Of Controlled Substance and Disorderly Person For Local Businessman

    According to the police report, the police saw a man "urinating" in front of a business establishment. The officer claimed that he heard the individual reference "cocaine" (an illegal class "B" substance) when they approached him. The police searched the suspect and found what they believed to be a vial of cocaine, in his pocket. He was arrested and charged with being a disorderly person, apparently due to the public urination, and illegal possession of a class "B" substance. Attorney McCarthy negotiated a disposition in which the case will be dismissed in three months provided the defendant satisfies certain conditions and does not get rearrested. The client did not admit to sufficient facts and the client was able to keep his job!

  • Attorney McCarthy Successfully Disposes Of Possession Of Marijuana Case For Out Of State Defendant

    The Boston Police alleged that they observed a Boston area college student smoking marijuana from a pipe. Upon approaching the surprised student, the police determined that the amount of marijuana appeared to under one ounce, which has been decriminalized in Massachusetts. The student was cited for the offense. Unfortunately, the forgetful student neglected to pay the $100.00 fine before leaving the state and process issued for her to appear in a local district court for a hearing. Attorney McCarthy was able to dispose of the case without requiring the remiss student to return to Boston.

  • Possession Of Controlled Substances Charges Dismisses Against Defendant Following Filing Of Motion To Suppress Evidence

    A Massachusetts State Police Trooper was advised that an accident had occurred in the area of Route 128 and Route 114 and the operator of the car had fled the scene. According to the police report, a State Trooper in the area observed a car "enter a street, stop abruptly and promptly attempt to turn around" upon seeing the cruiser. The trooper activated the emergency lights and signaled the car to pull over. Based on an odor of "burnt marijuana" the Trooper told all occupants to exit the vehicle. The Trooper searched the car and its contents and found controlled substances in a bag that she claimed the defendant said was his.

    Based on these facts, Attorney McCarthy filed a motion to suppress evidence and statements. Prior to the hearing, Attorney McCarthy alerted the District Attorney's office and the judge to the recent case of Commonwealth v. Nunez, simply the smell of an odor of burnt marijuana is not enough to search a car or order occupants out of the car. This case is the reasonable application of the law since the possession of less than an ounce of marijuana has been decriminalized in Massachusetts. Thus, an odor of marijuana CANNOT be used to justify a threshold inquiry, a stop and/or a search in Massachusetts.

  • Clerk Declines To Issue Complaint For Larceny Under $250.00 And Illegal Posession Of A Controlled Substance Following A Clerk's Hearing

    The police alleged that the defendant, a homemaker and mother of five, took a prescription bottle from a home during an open house. As a result of an investigation the police charged her with illegal possession of a Class E substance and larceny under $250.00. Initially, the defendant was summonsed into the District Court to be arraigned on the charges. Attorney McCarthy successfully argued a motion to remand the case to a clerk's hearing prior to arraignment. During the clerk's hearing Attorney McCarthy stressed the fact that the defendant had no prior records and was experiencing a particularly stressful period in her life at the time the charges were lodged against her. The clerk declined to issue the complaints as long as the defendant stays out of trouble for a period of time. The defendant was never arraigned on any of the charges due to Attorney McCarthy's zealous advocacy.

  • One Count Of Possession Of Heroin Dismissed Prior To Arraignment And Another To Be Dismissed After One Year For Brookline Man Charged With Two Counts Of Possession Of A Class A Substance

    The police responded to a report of an unconscious man. Upon entering the apartment the officers observed a bag of a white powdery substance that, through their experience was identified as heroin. The defendant was also charged in a separate case for the same offense with similar facts. Attorney McCarthy negotiated a disposition whereby one of the cases was dismissed prior to arraignment and the other one was continued for a period of time to be dismissed provided the defendant successfully satisfies certain conditions.

  • Attorney McCarthy Successfully Litigates Motion to Suppress Evidence Resulting in the Dismissal of Two Counts of Illegal Possession of Controlled Substances/Initial Case

    According to the police report, a Massachusetts State Trooper pulled over a car for traveling too close to the car in front of it in the passing lane of the highway. The Trooper ordered the driver out of the car and conducted a frisk and searched him. As a result of the search the Trooper retrieved a round vile from the driver's front pocket and a metal screen with what he believed was "white powder residue" along its edges. Attorney McCarthy filed a motion to suppress claiming that the stop and search of the driver and the car were illegal and violated his right to privacy pursuant to the State and Federal Constitution. Following an evidentiary hearing, the motion judge allowed Attorney McCarthy's motion to suppress. The Commonwealth was left with no case and the charges against the driver were dismissed.

  • Charge of Larceny Over $250 to be Dismissed/Initial Case

    A complaint charged the defendant with larceny over $250.00 alleging that the defendant stole company merchandise through the internet for a profit for a period of a few years. The defendant was an employee of the company that complained of the misconduct. The alleged amount of misappropriated merchandise totaled over $100,000.00. Despite the extraordinary value of the merchandise stolen, Attorney McCarthy negotiated a disposition whereby the defendant will not have any criminal record provided she fulfills agreed upon conditions.

  • Two counts of possession of Class E substance and disorderly person dismissed against defendant/Initial Case

    The police responded to a residence for the report of a person "out of control." When the police arrived they observed the defendant barricaded in a room. The defendant caused damage to the room and furniture. Officers saw the defendant throw a mattress and knock out the lighting in the room. The officers forced their way into the bedroom and subdued the defendant with pepper spray. Following the defendant's arrest and transport to the police station, the police searched the room and recovered two different types of sleeping pills. The defendant was charged with disorderly conduct, destruction of property and two counts of possession of a Class E substance. Due to the filing of pre-trial motions to dismiss, the Commonwealth moved to dismiss the charges of disorderly conduct and possession of a Class E substance. The defendant paid a fine on the remaining count of destruction of property.