Case Results

Defendant found not guilty at jury trial on gun possession charge although his fingerprint was found on the trigger of the handgun

Defendant was facing a minimum mandatory sentence on these charges. Defendant was operating a motor vehicle on I-91 northbound in Springfield, he was observed to have a loud muffler and his vehicle was stopped by the Massachusetts State Police. The trooper smelled marijuana and then asked the defendant to step out of the vehicle. A handgun was found on the floor of the rear passenger side of the vehicle. The defendant denied knowledge of the handgun. The handgun was fingerprinted and the defendant's print was found on the trigger. Attorney McKenna vigorously cross examined the Massachusetts State Police Fingerprint Expert and had her admit fingerprints can remain on an object for over fifty years and that the Massachusetts State Police contaminated the crime scene by not using gloves and taking certain precautions in handling the evidence. Attorney McKenna had the defendant's wife testify the defendant had previously touched the gun 3 weeks earlier in Vermont and the gun belonged to another person. The jury deliberated for a short time and returned with a verdict of not guilty. The defendant was free to go.

Defendant found not guilty at jury trial on charge of Operating Under the Influence of Alcohol (OUI)

Defendant was charged by the Massachusetts State Police with operating without headlights and Operating under the Influence of Alcohol. The defendant was coming from a friend's house and was alleged to have committed a marked lanes violation by touching the center line of the road and operating without headlights. The trooper stopped the defendant's vehicle and smelled the odor of alcohol, noticed her slurred speech and glossy eyes. He had her step from the vehicle to perform a series of field sobriety tests including the finger to nose, walk and turn and one legged stand test. The trooper formed the opinion the defendant was under the influence of alcohol. Attorney McKenna prepared the defendant and her friend to testify about the night and the fact that the defendant drove her friend home after leaving work as a bartender. While at work the defendant was responsible for tallying the night's receipts and cleaning up and had only one drink. The defendant testified that she has an injured knee and bad back that would cause her not to perform the field sobriety tests properly. Attorney McKenna impeached the trooper about the fact the Massachusetts State Police training manual which this trooper was trained with indicates that the trooper performed the incorrect field sobriety test on the defendant. The jury deliberated approximately 3 minutes and returned with a verdict of not guilty. The defendant was free to go and her license was reinstated.

Operating Under the Influence Charge (OUI) and possession of marijuana charges dismissed based upon invalid stop after Motion to Suppress was granted

The Defendant's vehicle was stopped based upon a tipster's information that the defendant was driving erratically on a public way. The Officer observed the odor of alcohol and glossy eyes and asked the defendant to perform a series of field sobriety tests, including the nine step walk and turn, the one legged raise, the finger to nose, the alphabet test. The Officer formed the opinion that the defendant was under the influence of alcohol and arrested him at the scene. The Officer during a search of the defendant post arrest found a small quantity of marijuana. Attorney McKenna filed a Motion to Suppress the stop, physical evidence and statements made by the defendant. An evidentiary hearing was held. The Officer testified and was cross examined by Attorney McKenna where he revealed that he had no personal knowledge of the veracity or basis of knowledge of the alleged tipster. The District Attorney's Office unsuccessfully attempted to lead the witness into certain facts that were objected to. The Court after reviewing the well documented and thorough Motion to Suppress granted the motion to suppress and the charges of Operating under the Influence of Alcohol and Possession of Marijuana was dismissed. The defendant was facing up to two and one half years to the house of correction. The defendant's license was immediately reinstated.

Felony Charge of Assault and Battery Dismissed on Trial Date
On August 16, 2007, the complainant alleged that the defendant struck her in the stomach while pregnant and threw a cordless telephone at her. According to the complainant, the defendant struck the complainant numerous times in the area of his right shoulder, waist, stomach and left thigh. The police observed the injuries to the complainant in these areas and took pictures of them. The defendant was charged with assault and battery by means of a dangerous weapon and aggravated assault and battery and faced a potential of two and one-half years in prison if he was convicted. On the day of trial Attorney McKenna successfully moved for the dismissal of the charges against the defendant although the victim was present.

Charges of Domestic Assault and Battery Dismissed
Police were dispatched to a residence as the result of a "911 call hang-up." Upon arriving at the residence the officers observed a woman, the reporting party, to be crying, shaking and visibly upset. A physical altercation ensued that resulted in the woman's call to the police. The alleged victim suffered a severe laceration to her forehead. The defendant was arrested and charged with domestic assault and battery and intimidation of a witness. Attorney McKenna hired an investigator to speak with witnesses who all supported the theory the defendant never touched the alleged victim. The Commonwealth dismissed all charges against the defendant on the day of the trial.

Felony Larceny charge dismissed prior to trial
Defendant was charged with multiple counts of larceny over $250.00 and faced a potential sentence of up to 2 years in the House of Correction on each count and up to 5 years in state prison on each count. The police report alleged that the defendant wrote three checks with the knowledge that the account did not have sufficient funds for the payment of the check. In addition, the victim alleges that the defendant used the victim's credit cards without his authorization and made numerous transactions. The defendant also faced the possibility of a probation surrender and up to 2 years in prison in another court. Attorney McKenna negotiated the dismissal of the felony charge on the payment of restitution under a continuation on a plea of not guilty.

Defendant Remains Free Following a Recommendation of Commitment From The Probation Department During a Probation Surrender Hearing
Defendant stood convicted of possession of heroin and was placed on probation. Terms of probation included receiving treatment for addiction, reporting regularly to probation and being subjected to random screenings. Defendant faced numerous surrenders due to failure to report and failure to submit to random urine samples and positive urine screens. After a number of surrender hearings the defendant faced the potential to serve committed time. During the final surrender hearing the probation officer recommended that the judge commit the defendant to the house of correction for a period of six months. Attorney McKenna successfully argued for the defendant's freedom on the condition that he receives drug counseling. The judge followed his recommendation and the defendant was not incarcerated.

Complaints charging resisting arrest and disorderly person dismissed
Police officers witnessed the defendant grab the shoulder of a woman as a crowd exited a local restaurant/bar. The pair engaged in a loud argument and the woman eventually broke free. The defendant was seen approaching the woman again and struck her with a closed fist on the right side of her face. The defendant, who appeared drunk, made a scene and confronted police officers who were present and resisted arrest. The defendant was arrested and charged with resisting arrest, disorderly conduct and assault and battery. Attorney McKenna negotiated the straight dismissal of the complaint charging resisting arrest and disorderly person. The count of assault and battery is to be dismissed in one year provided the defendant does not get rearrested on another offense.

Defendant avoids conviction on two counts of assault and battery
As the result of a "911 call" the police responded to the defendant's home. The defendant's wife reported that the defendant was intoxicated and had been "drinking all day." According to the police report, the defendant's wife reported that he was "out of control" and that he had grabbed and twisted her arm. Two siblings were at the home and one tried to call "911" for assistance. The other individual successfully contacted "911" using a cell phone. The defendant was arrested and charged with two counts of assault and battery. The defendant had previous convictions and conviction on both counts could potentially result in a total of five years in the house of correction. Attorney McKenna negotiated a disposition indicating that provided the defendant does not get re-arrested the case will be dismissed in one year.

Four felonies dismissed against defendant charged with three counts of larceny by check and forgery
The Commonwealth alleged that the defendant committed three counts of larceny by check over $250.00, one count of larceny by check under $250.00 uttering a false check and forgery. The defendant faced a total of eleven years in prison if convicted on all charges. Also, if convicted of three distinct larcenies in the "at the same sitting of the court" the defendant could have faced being sentenced as a Common and Notorious Thief which provides for additional incarceration of up to two and one half years. Pre-trial investigation resulted in the dismissal of all of the larceny counts and the forgery charge on the day of trial.

Case dismissed charging defendant with knowingly being present where heroin is kept
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, and 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 McKenna negotiated the dismissal of the charges against the defendant.

Felony Conviction Dismissed Against Defendant
The complaint alleged that the defendant committed larceny by check over $250.00 in the amount of $283.00. 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 McKenna successfully negotiated the dismissal of the new larceny on the payment of restitution to the aggrieved party. The complaint was dismissed.

Charges of Assault and Battery and Threats to Kill Dismissed Against Defendant Prior to Trial
According to the police report the complainant entered the police station and reported that she and her boyfriend had an argument earlier in the day and he kicked her out of the house. Upon her return to the apartment, the complainant stated that the defendant became upset again and threatened to kill her. The complainant informed the police that at this point she became upset and was in fear of him because of the way that he was acting. She claimed that the defendant kicked her out of the house again. A complaint issued charging the defendant with assault and battery and threats. A pre-trial motion to dismiss for the Commonwealth's failure to establish probable cause for the complaint charging assault and battery was allowed. The threats complaint was also dismissed on the day the case was scheduled for a jury trial.

Charges dismissed against defendant charged with domestic assault
Police responded to the apartment of a woman alleging that the defendant beat her up, threw a DVD player out of the window and smashed a car door window. Pre-trial investigation revealed that the complainant changed her version of the fats that led up to the incident. The judge dismissed all charges against the defendant on the trial date.

One Count of Domestic Assault and Battery Dismissed and One Count of Possession of Heroin To Be Dismissed
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 face. The officers observed a slight red mark 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.

Pre-trial Motions resulted in the dismissal of six felonies and one misdemeanor
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 46 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.

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.

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, Attorney McKenna negotiated a disposition that will result in the dismissal of the case provided the defendant abides by conditions and does not get rearrested.

Sexual Assault Charges Dismissed Against 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 and touching her clitoris while dancing at a local bar. 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 McKenna 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.

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.

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.

Springfield 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 McKenna 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.

Two felony charges against local man 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.

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 McKenna succeeded in getting all charges dismissed. Threats 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.

Misdemeanor motor vehicle charges dismissed against a local man
Defendant charged with operating after suspension and related motor vehicle violations. Attorney McKenna succeeded in getting all criminal charges dismissed.

Probation Surrenders
Defendant charged with multiple probation violations as result of seventeen underlying charges including breaking and entering and receiving stolen property. Attorney McKenna effectively negotiated a disposition that did not involve a committed sentence.

Probation Detention Hearing
Defendant faced detention based on an alleged new offense of assault and battery. Attorney McKenna represented the defendant at the hearing and the judge found that the probation department did not meet its burden. The defendant was immediately released.

Motor Vehicle
Defendant charged with operating a motor vehicle without a license after the police pulled her over for multiple motor vehicle violations. Attorney McKenna negotiated the dismissal of the criminal offense of operating after suspension.

Motor Vehicle
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 McKenna negotiated a disposition that did not involve a committed sentence.

Withdrawal of Guilty Pleas
Defendant pleaded guilty to possession of a Class B substance with intent to distribute. Facing immigration consequences, Attorney McKenna filed a motion to vacate and motion for a new trial and he successfully litigated a Motion for a New Trial/Withdraw of a Guilty Plea. The Court allowed the motion and the conviction was vacated.

Defendant was found not guilty after jury trial on the charges of assault and battery on a police officer, disorderly and resisting arrest

The defendant, a college student was charged with the above offenses after getting stopped for an expired inspection sticker. The police officer claimed that the defendant was being argumentative about towing the vehicle and would not step from the vehicle. The officer claimed the defendant struck her and began yelling causing a crowd to gather around. The officer then instructed the defendant to place her hands behind her back because she was under arrest. Attorney McKenna prepared the defendant to testify. Attorney McKenna brought out serious inconsistencies during cross examination of the five government witnesses testifying against the defendant. Attorney McKenna during closing argument hammered home the discrepancies in the government's case. The jury deliberated 5 minutes and returned with a verdict of not guilty. The defendant was free to go.

University of Massachusetts basketball player charged with violation of restraining order continued on a plea of not guilty

An All American University of Massachusetts basketball player was charged with a violation of a restraining order by the University Police Department. The police alleged that the defendant entered the dormitory of the alleged victim in direct violation of the restraining order. Attorney McKenna raised numerous legal defenses with District Attorney's Office and forced them continue the matter on a plea of not guilty for 1 month. The defendant's immigration status would not be impacted by this disposition. The defendant began his professional basketball career without a record.

Contact the Law Office of John P. McKenna for an initial consultation.

Springfield Criminal Law Attorney
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