Case Results » Restraining Orders
Court Terminates M.G.L. ch. 209A Restraining Order Following Evidentiary Hearing
The Court granted a disgruntled ex-girlfriend a temporary 209A restraining order based on her allegations that the defendant threatening her and continuously contacting her through text messages and emails.
During the extension hearing Attorney McCarthy cross-examined the plaintiff and exposed her unreasonableness and lack of credibility. McCarthy emphasized to the judge that the plaintiff failed to allege acts that indicated that she was put in reasonable fear of imminent serious bodily harm. The Court agreed and vacated the order.
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Attorney McCarthy Prevents Extension of a M.G.L. Chapter 209A Restraining Order
Following a tumultuous divorce a disgruntled wife filed a M.G.L. Chapter 209A restraining order against her former husband alleging abuse of the teenage child. Attorney McCarthy conducted interviews and represented the defendant on the day of the restraining order hearing. The order was terminated before the parties left the courthouse.
Case Dismissed Against Client Charged With Violating A Restraining Order
A M.G.L. Chapter 209A restraining order issued against a defendant. The plaintiff and the defendant had a young child together and shared custody of him. During a drop off the plaintiff claimed that the defendant violated the yardage restriction on the restraining order [M.G.L. Chapter 209A Section 7] by proceeding too far up the driveway to get his son.
Attorney McCarthy investigated the incident. The case was ultimately dismissed when the complaining witness and spouse exercised her marital privilege not to testify against her husband. Based on the exercise of the privilege the Commonwealth dismissed the case against the defendant.
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Attorney McCarthy Prevent Extension of 209A Restraining Order Following An Evidentiary Hearing
A plaintiff applied for an ex-parte M.G.L. Chapter 209A Restraining Order alleging that her former partner had "raped" her months earlier and refused to stay out of her "living space." A District Court Judge issued the order and a two-party hearing was scheduled for a week later.
The defendant contacted our office and the investigation began. The investigation revealed that the complaining witness had recently sent numerous text messages, following the alleged rape, requesting that the defendant meet with her. Attorney McCarthy produced the text messages and cross-examined the plaintiff relative to how she could say she "feared" the defendant on one hand yet begged to meet her and speak with her on the other hand.
Following the cross-examination of the complaining witness and the production of the text messages the Judge terminated the restraining order. The defendant left the courthouse without ANY restrictions on her movement.
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Attorney McCarthy Successfully Vacates Pertinent Conditions Of A Massachusetts M.G.L. ch. 209A Restraining Order For Out Of State Defendant
Facing financially difficulties in Massachusetts a young couple moved out of state to get a fresh start for their young family. Unfortunately, the move created stress for the female partner and she moved back to the area with their toddler child in tow. Making matters worse, she was granted a M.G.L. ch. 209A Restraining Order that was served on the out of state defendant/father. The order forbade the abandoned dad to have any type of contact with his child and former partner. There was an evidentiary hearing scheduled for approximately one week later.
Although the defendant could not make arrangements to appear for the evidentiary hearing, Attorney McCarthy was retained and represented his interest at the hearing. Despite the plaintiff's claim of physical and emotional abuse, Attorney McCarthy successfully argued to have the no contact order against his child and partner terminated. Following the hearing, the defendant could have physical and electronic contact with his child. Furthermore, he could contact his estranged partner in any manner. This great result was attained without the defendant having to pay the expenses of travelling to Massachusetts.
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Defendant Avoids Conviction For Domestic Assault And Battery [M.G.L. ch. 265 section 13A]/Judge Vacates 209A Restraining Order
A long night out for a young college couple ended with an upset female and the male in custody charged with assault and battery. According to the police report, the pair began the night separately and ended up at an off campus party. Following an argument at the get together, they both independently returned to campus in the early morning hours of the evening. The police report alleged that the female complained to friends that the defendant struck her this statement led to police involvement, the defendant's arrest and the issuance of a M.G.L. ch. 209A restraining order.
After the issuance of the restraining order, Attorney McCarthy filed a Motion To Vacate The Order maintaining that the plaintiff had contacted the defendant following the order. After an evidentiary hearing, the judge vacated the restraining order. However, the criminal case continued to be litigated by the parties.
Attorney McCarthy conducted extensive interviews and pre-trial investigation and litigated numerous motions. The young defendant wanted to avoid the risk of having a criminal conviction occur after trial and avoid the possibility of serving time in the House of Correction. A disposition was negotiated whereby the defendant did NOT have to admit that he engaged in the criminal conduct however, agreed that the Commonwealth could prove the case if it went to trial. The defendant avoided a criminal conviction and the case is to be dismissed provided the defendant satisfies certain conditions.
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M.G.L. 209A Restraining Order Dismissed Against Defendant
The plaintiff alleged that the defendant placed in fear as the result of emails and text messages that were exchanged between the pair. The pair had dated for a number of years and had lived together. After breaking up the coupled remained in contact.
The plaintiff applied for a 209A restraining and based on the claims in her affidavit the judge issued the order and scheduled a date for a two party hearing. Prior to the hearing, the defendant retained Attorney McCarthy to represent him.
Our office spent significant time reviewing the emails and text messages and prepared a memorandum of law in opposition to the continuance of the order. On the day of the hearing, the plaintiff received a copy of the memorandum. The plaintiff left the courtroom prior to the evidentiary hearing and the judge vacated the order.
Attorney McCarthy Successfully Vacates 209A Restraining Order For Out Of State Business Woman Following Evidentiary Hearing
A disgruntled daughter applied for a 209A restraining order against her out of state mother that she had not seen for over ten years. Apparently, distraught at receiving a birthday card, which the plaintiff did not open, she went to the local district court and applied for a 209A restraining order stating that the mother's alleged conduct from ten years ago put her in reasonable fear of immediate physical harm.
Upon receiving the order, the defendant called Attorney McCarthy. Attorney McCarthy interviewed witnesses, prepared a lengthy memorandum and appeared in court on the hearing date. Attorney McCarthy presented witnesses and strongly advocated for her client that the order was improperly issued and should not be continued. The judge agreed and the order was immediately terminated.
Attorney McCarthy Successfully Vacates M.G.L. 258E Harassment Prevention Order
A disgruntled girlfriend [plaintiff] applied for a 258E Harassment Prevention Order against her boyfriend's pregnant wife [defendant]. The plaintiff alleged that the defendant came to her job on one occasion and injured her personal property when the plaintiff went to the defendant's house. The defendant did not have counsel at the hearing and the judge issued the order against the pregnant wife for six months.
Following the hearing the plaintiff sought out the defendant at her place of employment and called her. The defendant retained Attorney McCarthy who filed a motion to vacate the harassment prevention order because the plaintiff was contacting the defendant. McCarthy stressed that the fact that the plaintiff was in contact with the defendant illustrated that the plaintiff was using the order as a weapon and not a tool to protect herself. McCarthy also argued that the particular District Court did not have jurisdiction to issue the order. The judge agreed and vacated the order against the relieved expectant mother.
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Attorney McCarthy Prevents Continuation Of 209A Restraining Order
The plaintiff applied for a restraining order claiming that the father her child was "abusive" and that she was afraid of him. Attorney McCarthy represented the defendant at the hearing. After the plaintiff testified Attorney McCarthy effectively argued that she failed to demonstrate that even if the judge believed what the plaintiff stated, there was not enough evidence to establish that the plaintiff was put in reasonable fear of immediate serious physical harm. The judge agreed and the restraining order was vacated without the defendant having to testify.
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Client Avoids Being Charged With Violating A Restraining Order After Clerk-Magistrate's Hearing
The complaining witness alleged that her former boyfriend [client] contacted her through a third party following the issuance of a Harassment Prevention Order. Out of state received a summons to appear for a "Clerk Magistrate's Hearing" in a local courthouse. The alleged violation was an email sent from a computer that was not the defendant's.
Attorney McCarthy interviewed witnesses and compiled documentary evidence illustrating that the email was not sent by the defendantbut by another disgruntled former girlfriend. The former girlfriend was apparently contacting a number of the client's former lovers in an effort to understand their break up.
Following the hearing the clerk did not issue the complaint. Provided that the defendant continues to abide by the restraining order the case will be completely dismissed. The client was NEVER arraigned and there will be no entry on his board of probation record.
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Attorney McCarthy Successfully Argued That Roommates Were Not "Household Members" Pursuant To A 209A Restraining Order And Judge Vacated Order
The plaintiff and the defendant were roommates in a rooming house with shared living space but individual bedrooms. The plaintiff alleged that the defendant "grabbed" her arm during an argument and "stole" a house painting. The District Court judge issued a temporary order and then extended the order following an evidentiary hearing.
Following the extension hearing, the defendant hired Attorney McCarthy. Attorney McCarthy filed a motion to reconsider the issuance and extension of the order. Recently, The Massachusetts Supreme Judicial Court [SJC] issued the opinion of Silva v. Carmel, 468 Mass. 18 (2014). In this opinion the SJC explained more precisely the type of relationship the civil 209A restraining orders were designed to protect. The Court focused on what constitutes "residing together in the same household." In Silva, the litigants were both residents in a state run facility and the Court held that they did not enjoy the type of domestic relationship that the statute was aimed to protect. The decision emphasized the importance of a "family" type setting and an "interdependent social relationship." Both elements that the Court held were lacking in the "roommate type" situation in Silva.
During the hearing on the motion to reconsider for her client, Attorney McCarthy argued that her client and the plaintiff were simply "roommates" and did not enjoy the type of "family relationship" that the statute was written to protect and accordingly, the order should be vacated. The judge agreed and the order was terminated effective immediately.
If you have been served with a restraining order of any type and want experience, skill and a knowledge of the most current law on your side contact Attorney McCarthy at 978-975-8060 or on line and she will get to work on your case immediately.
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Attorney McCarthy Successfully Defends Client And Judge Vacates 209A Restraining Order
A client's former boyfriend alleged that she was following him to bus stations, followed her to a "T" station and would not leave her alone. Based on these allegations, a District Court Judge allowed a temporary 209A Restraining Order to issue against her.
Client engaged Attorney McCarthy to defend her in this civil restraining order case at the extension hearing. Attorney McCarthy's investigator secured the videotape from the "T" station that depicted the PLAINTIFF following her as she tried to elude him. The restraining order against the defendant was vacated.
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Charge Of Violation Of Restraining Order Dismissed Prior To Arraignment
The complaining witness applied for and was issued a 209A restraining order against a former boyfriend. The woman claimed that her former love interest had "put in reasonably fear of immediate bodily harm" based on alleged attempts of contact through various forms of electronic media. Although the unsuspecting former boyfriend was NEVER notified of the initial hearing or the extension hearing a judge entered a 209A order against the defendant ordering him to stay away from the complaining witness, her home, her place of employment and not to contact her.
Unfortunately for the defendant, the ex-girlfriend claimed that he contacted her through electronic media after the final extension hearing. The court issued a warrant for the out-of-state defendant's arrest. Upon hearing of the warrant, the defendant immediately contacted Attorney McCarthy who arranged to have the defendant appear before the court to remove the warrant as soon as possible.
Attorney McCarthy also filed a Motion to Dismiss the Charge prior to arraignment because there was no probable cause to have the complaint issue. The Commonwealth failed to establish that the defendant knew about the pertinent terms of the order at the time of the alleged violation. The judge agreed and the case was dismissed prior to arraignment. Thus, this offense will NOT appear on any criminal record background check done by law enforcement or any potential employer.
Judge Vacates 209A Restraining Order Against Client Following An Evidentiary Hearing
The unsuspecting client was served with a 209A restraining order that required that she stay one hundered yards away from a former boyfriend and not to contact him. The client/defendant promptly contacted Attorney McCarthy who had a lengthy meeting with the defendant prior to the hearing. The former boyfriend/plaintiff alleged that the client improperly accessed personal information on a computer and was requesting that someone drive by his home to see if he was there.
Attorney McCarthy appeared at the extension hearing with the client. Following the hearing the judge agreed that the plaintiff failed to satisfy the legal standard necessary to get an order which is that conduct by the defendant put the plaintiff in reasonable apprehension of immediate physical harm. The Judge vacated the ordereffective immediately.
Two Counts Of Violation Of A 209A Restraining Order To Be Dismissed
The plaintiff alleged that on two different occasions the defendant violated a valid 209A restraining order. In one instance the Commonwealth alleged that a witness saw the defendant circling in the parking lot of her apartment building. In a second incident, the plaintiff alleged that she and a witness saw the defendant at her place of employment days after the extension of the order.
Attorney McCarthy answered ready for trial on the trial date. The judge agreed to continue the case for one year with no other conditions. The cases will be dismissed provided the defendant does not get rearrested. Attorney McCarthy persuasively argued to avoid having a guilty finding enter even though the client had a previous entry involving the same plaintiff. The client walked out of the courthouse without any criminal conviction.
Criminal Charge Of Violation Of A 209A Restraining Order Dismissed
The Commonwealth alleged that the defendant violated a 209A restraining order by calling the plaintiff. The discovery provided by the District Attorney's Office indicated that the plaintiff claimed that she received calls from and unknown number and employed an online website which revealed that the call came from her ex-boyfriend's/defendant's cell phone.
Attorney McCarthy was retained and marked the case for trial. Armed with the appropriate motions she argued that the Commonwealth could not prove the case beyond a reasonable doubt because they did not produce the proper phone records. The judge agreed and the case was dismissed.
Violation of a 209A Restraining Order Charge To Be Dismissed
Following an ugly break the plaintiff and defendant were embroiled in a nasty civil dispute. The plaintiff claimed that the defendant was contacting her because he was upset over the outcome of the case. During the hearing, in which the defendant was not represented by an attorney, a judge extended the 209A restraining order finding that the plaintiff was in reasonable fear of serious physical harm.
The plaintiff claimed that while the order was in effect the defendant contacted her via text messages and emails. Attorney McCarthy represented the defendant in this case. Although the defendant had a previous entry on his record Attorney McCarthy successfully argued to have the case dismissed in a year provided the defendant does not get rearrested. Although the prosecution requested that a guilty finding enter, the judge agreed with Attorney McCarthy and continued the case without a finding for one year. The client avoided a criminal conviction.
209A Restraining Order Vacated Against Defendant
The defendant's mother received a temporary 209A order against her son. The unhappy mother wanted her son and his girlfriend to move out of her and alleged that she believed that the relationship was "volatile." The son retained Attorney McCarthy to represent him at the extension hearing. Attorney McCarthy represented that the plaintiff was actually the aggressor and is facing a hearing for assault and battery on the defendant's girlfriend. The judge realized that there was no basis for the order to be extended and it was immediately vacated.
Attorney McCarthy Successfully Prevents The Extension Of A Restraining Order For Client
The client's former wife (plaintiff) applied for an emergency 209A restraining order following an argument with the defendant. During the argument, the defendant accused his ex-wife of drug use. The insulted spouse called the police and reported that the defendant had assaulted her. The defendant was not charged with a criminal offense.
The following evening the plaintiff applied for an emergency 209A restraining order, claiming that the defendant struck her the previous evening. The order prevented the defendant from spending time with his nine year old son. The defendant contacted Attorney McCarthy who interviewed witnesses and prepared for the evidentiary hearing on short notice. Through cross examination of the plaintiff and her witness coupled with the presentation of witnesses Attorney McCarthy was able to demonstrate that the plaintiff was NOT in fear of immediate serious physical harm. The judge vacated the 209A restraining order and the client was able to see his child that day.
Attorney McCarthy Successfully Prevents The Extension Of A 209A Restraining Order
The plaintiff and the defendant dated for approximately ten years and had a six year old daughter together. Following a drop off of the child to her father the plaintiff (mother) went to the local police and claimed that the father had threatened to harm her. The father (defendant) contacted Attorney McCarthy immediately and she began interviewing witnesses.
After investigation and interviewing witnesses, Attorney McCarthy appeared in Court prepared to fight for her client. Attorney McCarthy effectively cross-examined the plaintiff, presented witnesses and argued the law. Following the evidentiary hearing, the District Court Judge declined to extend the 209A restraining order.
Clerk Denies Complaint For Criminal Harassment Following Clerk's Hearing
The defendant received a summons to appear for a clerk's hearing in which she was alleged to have harassed a young woman. According to the police report, the defendant and the plaintiff were involved in a series of "harassment issues" over the past few years. The tension between the parties related to the fact that the defendant was dating the plaintiff's former boyfriend.
Attorney McCarthy spoke to the defendant, reviewed evidence including text messages and other published information and conducted relevant interviews to prepare for the clerk's hearing. During the hearing Attorney McCarthy successfully demonstrated that the defendant was actually the victim and the person that has been harassed over the past few years. Following the hearing, the clerk agreed with the defendant's position and declined to issue the complaint against the defendant. Thus, the defendant avoided being charged with a crime and being arraigned.
Attorney McCarthy Successfully Argues For Extension Of 209A Restraining Order For Male Plaintiff
A male plaintiff retained Attorney McCarthy to represent him at an extension hearing relative to a 209A restraining order. The male plaintiff and the female defendant had been involved in a dating relationship on and off for approximately seven years and both of their names were on the deed to the house that they shared. Following an argument in which the plaintiff claimed the defendant pointed her finger in his face, head butted him and threatened to burn the house down with him in it, the defendant sought a temporary restraining order. The ordered required that the defendant stay away from the defendant and the home.
Upon receiving the order the defendant filed a motion to vacate the restraining order. During the hearing the defendant took the position that the restraining order was a method to improperly prevent her from living in her home. Attorney McCarthy successfully argued that although the male plaintiff was larger than the defendant and it is not typical for a man to be the plaintiff, he was in a no win situation if the order was not extended. In this case, the plaintiff, who testified that he was in fear that the defendant would harm him, risked becoming a defendant in a criminal case for assault and battery if he was forced to defend himself against the defendant. Following an evidentiary hearing and arguments from Attorney McCarthy the District Court Judge extended the 209A restraining order. The defendant must stay away from the plaintiff and out of the home until the order expires.
Attorney McCarthy Successfully Prevents Complaint For Violation Of A Restraining Order From Issuing
The complaining witness alleged that the defendant, who had a pending restraining order against him, had a third party contact her in violation of the court order. During the hearing Attorney McCarthy successfully argued that the plaintiff could not demonstrate that the defendant was responsible for the contact. The Clerk agreed and declined to issue a criminal complaint against our client.
Attorney McCarthy Successfully Vacates Harassment Restraining Order
The complaining witness applied for a Harassment Prevention Order claiming that her former boyfriend was "harassing" her by willfully and maliciously contacting colleagues, acquaintances and members of her academic community. Our office maintained that the new "Harassment Restraining Order" did not apply to this case because the type of conduct that the witness complained about was protected by the defendant's right to free speech. The judge declined to extend the temporary order.
District Court Judge Vacates Restraining Order Following Evidentiary Hearing
The complaining witness applied for and was granted an emergency restraining order preventing his girlfriend from "abusing" and "contacting" him. The plaintiff claimed that his girlfriend poured a bottle of water on his head and hit and bit him during an altercation and that he was in fear of her. During the evidentiary hearing Attorney McCarthy cross-examined the witness, presented face book entries from the plaintiff's site and a witness demonstrating that despite the plaintiff's claim that he was in fear of his girlfriend, he entered the apartment when she was there and refused to leave. The judge vacated the restraining order.
Attorney McCarthy Successfully Prevents Extension Of Restraining Order Following Evidentiary Hearing
The complaining witness applied for a temporary restraining order against her ex-boyfriend claiming she kicked him out of the house and that he harassed her by making phone calls and sending e-mails. During the evidentiary hearing relative to the extension of the order, Attorney McCarthy presented numerous e-mails from the complaining witness to the defendant indicating that he was the one that left the relationship and that she was the one harassing him. The defense also presented an e-mail sent from the complaining witness to the defendant after she applied for the temporary order and claimed she was in fear of the defendant. Following the hearing and arguments of counsel, the judge denied the request of the complaining witness to extend the order.
Felony Charges To Be Dismissed Against Defendant Despite Criminal Record
The defendant was charged with malicious destruction of property and assault by means of a dangerous weapon in the district court. According to the police report, officers responded to a home and determined that two brothers had been in an altercation. The complaining witness alleged that his brother assaulted him with a shovel and struck his car that was in the driveway. Based on interviewing the parties, the police arrested the defendant and charged him with the above misdemeanor and felony counts. On the day of trial Attorney McCarthy negotiated a disposition whereby all counts will ultimately be dismissed provided the defendant fulfills certain conditions and stays out of trouble. Although the defendant had previous entries on his record, Attorney McCarthy ensured that the defendant left the court house without any convictions for these offenses.
Attorney McCarthy Successfully Convinces Local Judge Not To Extend A 209 A Restraining Order
The complainant initially sought a temporary restraining order against her male roommate claiming that during the course of their cohabitation he "wielded" a knife at her and threatened to cut her. Despite continuing their roommate relationship, she claimed that she was in fear of him and wanted him out of the apartment that they shared.
Attorney McCarthy spent a substantial amount of time familiarizing herself with the case and argued against the extension of the order. Following the hearing the judge did not extend the order.
Defendant Avoids Conviction on Two Counts of Assault and Battery
Defendant was on probation for assault and battery on a family member. While on probation the police responded to a call to her home for assault on two other family members. Despite being on probation for a similar offense, this office negotiated a disposition that will result in the dismissal of the case provided the defendant abides by conditions and does not get rearrested.
Charge of Violation of Restraining Order to be Dismissed
The defendant was charged with violating a restraining issued weeks prior to the incident. According to the police report, the police pulled over a motor vehicle for a minor traffic violation. Based on inquiry by the officers it was determined that there was a restraining in effect requiring that the passenger have no contact with the driver of the car. Successful negotiation resulted in the dismissal of the charge after six months if the defendant does not get into any trouble.
Withdrawal of Guilty Pleas
Defendant pleaded guilty to uttering a false prescription, forgery and receiving stolen property. Facing immigration consequences, Attorney McCarthy successfully litigated a Motion for a New Trial/Withdraw of a Guilty Plea. The Court allowed the motion and the conviction was vacated.
Our office represented a defendant sentenced to second degree murder for the killing of his wife's boyfriend. Following a parole hearing, the board voted to parole the defendant.
Juvenile defendant convicted for receiving a stolen motor vehicle. Attorney McCarthy successfully challenged the conviction and the conviction was reversed.
Convictions for armed robbery, assault and battery by means of a dangerous weapon and malicious destruction of property reversed and defendant received a new trial
A Hamden County jury convicted the defendant for armed robbery, assault and battery by means of a dangerous weapons and malicious destruction of property. The court sentence the defendant to fifteen to twenty years in prison. Attorney McCarthy filed a motion for a new trial alleging a myriad of errors during the trial including ineffective assistance of trial counsel for trial counsel's failure to timely communicate with an expert that deprived the defendant of two viable defenses. The motion judge allowed the motion and the court reversed the defendant's conviction.
Police pulled the defendant over for a rejected inspection sticker. Initially investigation indicted that the defendant's license was suspended relative for an offense of operating under the influence of alcohol. As charged, the defendant faced a mandatory prison sentence. Attorney McCarthy negotiated a disposition that did not involve a committed sentence.
Defendant charged with operating a motor vehicle without a license after the police pulled her over for multiple motor vehicle violations. Attorney McCarthy negotiated the dismissal of the criminal offense of operating after suspension.
Probation Detention Hearing
Defendant faced detention based on an alleged new offense of assault and battery. Attorney McCarthy represented the defendant at the hearing and the judge found that the probation department did not meet its burden. The defendant was immediately released.
Defendant charged with multiple probation violations as result of seventeen underlying charges including breaking and entering and receiving stolen property. Attorney McCarthy effectively negotiated a disposition that did not involve a committed sentence.
Misdemeanor motor vehicle charges dismissed against a local man
Defendant charged with operating after suspension and related motor vehicle violations. Attorney McCarthy succeeded in getting all criminal charges dismissed.
Threats charges dismissed
Defendant charged with three counts of threats to commit a crime. The police report alleged that the defendant threatened to put a bullet in the complainant's heads. Successful negotiations led to the dismissal of all counts.
Two felony charges against a local woman dismissed
Defendant charged with two felonies of breaking and entering in the daytime with intent to commit a misdemeanor and larceny of property over $250.00. The prosecution alleged that the defendant broke and entered into a residence and stole a camcorder and camera. On the trial date, Attorney McCarthy succeeded in getting all charges dismissed. Threats charges dismissed.
Two felony counts of assault and battery by means of a dangerous weapon dismissed
Defendant charged with reckless operation of a motor vehicle, Failing to stop for a Police Officer, Unlicensed Operation of a Motor Vehicle, Assault and Battery on a Police Officer and two counts of Assault and Battery by Means of a Dangerous Weapon. The prosecution alleged that the defendant assaulted a police officer during a traffic stop that resulted in a high speed chase through residential neighborhoods. Upon arrival at the defendant's home, the officer forced entry into the dwelling that resulted in a confrontation and the police officer pulling out his firearm. Our office filed a Motion to Dismiss the charges alleging that the police illegally entered the defendant's home to effect and arrest. A judge found that the police illegally entered the home. As a result of effective negotiations, the felony charges against the defendant were dismissed.
Plymouth man cleared of multiple sexual assault charges
The Commonwealth charged the defendant with three counts of sexual assault on two different victims. One of the victims was under fourteen years old. According to the police report, the defendant committed indecent assault and batteries on the victims at different times and locations. Attorney McCarthy successfully litigated pre-trial motions that resulted in the dismissal of one of the counts. Following a trial, the defendant was acquitted on the remaining two counts.
Felony charges of assault and battery by means of a dangerous weapon dismissed
The prosecution alleged that the defendant was involved in an altercation and that the defendant struck the complainant with a flashlight. According to responding police officers the incident was witnessed by three witnesses. The police arrested the defendant at the scene and charged him with assault and battery by means of a dangerous weapon. Aggressive pre-trial investigation resulted in the dismissal of the felony charge.
Defendant's Probation Terminated Following Final Surrender Hearing
The defendant was convicted of Possession of a Controlled Substance and sentenced to probation for one year. While on probation, the defendant was rearrested and charged with assault and battery. According to the police report, the complainant and the defendant engaged in a loud verbal argument. The complainant alleged that the defendant threw objects at her striking her mouth. As a result of the new arrest and charge of assault and battery, the defendant faced having his probation surrendered on the drug offense and the possibility of incarceration. Following a final surrender hearing, the judge terminated the defendant's probation.
Sexual assault charge of indecent assault and battery dismissed against the defendant prior to trial
The complainant alleged that an unknown individual put both hands under her jacket and sweater and grabbed the undersides of her breasts while waiting in line at a large Electronic Super Store. Based on a physical description of the alleged perpetrator as a white male, stocky with dark hair, a warrant issued for the defendant's arrest. The defendant was charged with indecent assault and battery on a person over fourteen. If convicted the defendant faced a potential penalty of two and one half years in prison, registration with the Sex Offender Registry Board and subject to GPS surveillance. Attorney McCarthy successfully litigated a pre-trial motion to dismiss for the Commonwealth's failure to present probable cause relative to the identification of the defendant as the perpetrator. The case was dismissed prior to trial.
Charges Alleging Two Counts Of Violating A Restraining Order To Be Dismissed Against Defendant
The complaining witness alleged that the defendant contacted her by phone two times following the issuance of a 209A restraining order and left voice messages. The content of the messages was described as disturbing. The pair had been involved in a close personal relationship for approximately two years. The complaining witness sought to end contact and applied for and was issues a restraining order.
Despite the seemingly serious nature of the violations, Attorney McCarthy negotiated a disposition whereby the charges against the defendant will be dismissed after a two year period provided that the defendant does not get rearrested and satisfies certain conditions.