News In The Firm
J. W. Carney Jr. is one of the most successful criminal defense attorneys in Massachusetts, if not the country. He and the legal team at our firm accomplish results for clients facing all types of criminal charges. View just some of our case results below and email us if you need help today.
Sexual Offenses
Two counts of Aggravated Rape and One count of Indecent Assault and Battery
Result: All charges dismissed
Our client, a prominent doctor, was accused of aggravated rape and indecent assault and battery on a child under 14 in Worcester County. The Commonwealth tried to admit a well-known expert at trial to testify about the generalities of delayed disclosures in rape cases. Working as a team, Carney, Gaudet & Carney filed a motion to exclude such testimony on the grounds that an expert may not comment on the credibility of a witness. The judge granted the motion. The morning of trial, the prosecutor dismissed all charges against our client.
Three Counts of Indecent Assault and Battery
Verdict: Not Guilty of Indecent Assault and Battery
After a jury trial in Barnstable County, our client, a prominent doctor, was acquitted on all three counts of indecent assault and battery on a person under 14. The jury was out less than 30 minutes before completely exonerating our client of all charges.
Rape
Verdict: Not Guilty of Rape
Our client, a doctor, was accused of four counts of rape in Suffolk Superior Court. He retained Carney, Gaudet & Carney who brought the case to trial. After a week of trial, the court declared a mistrial as the jury found our client not guilty on one count but hung on the other three. After facing Attorney Carney’s vigorous cross examination during the first trial, the alleged victim did not want to pursue the case any further. The Commonwealth dismissed the remaining counts against our client.
Dissemination of Obscene Material
Result: Charges Dismissed
Our client was charged with dissemination of obscene material for uploading two videos of his former romantic partner to an amateur adult website without the partner’s consent. Several other adult websites published these videos across the internet. Attorney Nat Carney prepared a motion to dismiss the charge against our client on First Amendment grounds. It was opposed by the Commonwealth. The Plymouth County judge agreed with the defense’s arguments and granted Attorney Carney’s motion to dismiss. Attorney Carney subsequently expunged this charge from our client’s record.
Photographing an Unsuspecting Nude Person
Result: Charges Dismissed
Our client was a banker charged with upskirting young women. Attorney J.W. Carney, Jr. and the associates prepared and presented a detailed letter to the District Attorney’s office and the Court about our client. After that submission, the Court accepted Attorney Carney’s argument that the Client be placed on probation for two years before the charges would be dismissed. In 2020, the charges were dismissed.
Rape
Result: Rape charge dismissed
Our client, a 47-year-old professional, was indicted in Essex Superior Court on four counts of rape, strangulation, assault and battery on a household member, intimidation of a witness, and larceny over $250. Attorney J.W. Carney, Jr. and his associates prepared the case for trial. On the morning of jury selection, Attorney J.W. Carney, Jr. negotiated a plea that resulted in the dismissal of the rape charges and a sentence of 3 years’ probation on the remaining charges.
Rape
Result: Prosecutor dismisses all charges prior to trial
Our client, a working professional, was accused of raping a woman five years ago after the two attended a college party. Due to the delay in the alleged victim’s report to law enforcement, it was thought that the five-year-old text messages between the client and the alleged victim no longer existed. Carney, Gaudet & Carney thoroughly investigated the state’s case, interviewed multiple witnesses, and used digital forensics expertise to recover the messages between the alleged victim and our client that showed their sexual encounter was entirely consensual. After presenting this evidence to the prosecutor, the Commonwealth dismissed all charges against our client a month before trial. Attorney Nat Carney represented the defendant.
Indecent assault & battery on a person over 14
Result: Prosecutor dismisses all charges prior to trial and record expunged
Our client, a hospital worker, was accused of sexually assaulting his landlord and former roommate in their apartment. Working with investigators, Attorney Nat Carney obtained surveillance footage that showed the alleged assault could not possibly have occurred. Attorney Carney presented this evidence to the prosecutor, who wisely dismissed all charges. Attorney Carney also filed a petition expunge this criminal record due to the fraud on the court committed by the alleged victim. The court granted the expungement, and all records of this case have been destroyed. Client returned back to work and still has no criminal record.
Rape
RESULT: Client found not guilty of rape and record immediately sealed.
Our client, a prominent local doctor, was falsely accused of rape. He retained Carney, Gaudet & Carney. We thoroughly investigated the case and prepared the matter for trial. Attorneys J. W. Carney, Jr. and Nat Carney represented our client at trial. The jury deliberated briefly before acquitting our client with a not guilty verdict. The case was immediately sealed.
Child Pornography
RESULT: Client placed on probation and avoids being incarcerated. Client is spared the embarrassment of having to register as a sex offender despite the prosecution’s objection.
Our client, a comptroller at a small real estate company, was charged with possession of child pornography. Client retained the firm. Attorney Daniel J. Gaudet represented our client throughout the course of the case. Attorney Gaudet hired a psychologist specializing in evaluating and treating men charged with sex offenses to interview our client and offer an opinion as to whether he posed a danger to the community and if he should have register as a sex offender. Attorney Gaudet utilized the expert’s report to negotiate a plea agreement with the District Attorney’s Office where our client would be placed on probation. After the Court accepted the recommendation for probation, Attorney Gaudet filed a motion to relieve our client of the obligation to register as a sex offender. After a contested hearing, the Court allowed the motion and our client did not have to register as a sex offender even after pleading guilty.
Child Pornography
RESULT: Client placed on probation and relieved from having to register as a sex offender.
Our client, a small business owner, was charged with possession of child pornography. Client retained the firm and was represented by Attorney Daniel J. Gaudet. Attorney Gaudet referred our client to a renowned treatment center to address his use of illicit pornography. Attorney Gaudet also retained two experts specializing in the evaluation and treatment of sex offenders to meet with our client and prepare reports for the Court. After convincing the Court to place our client on probation rather than incarcerate him, Attorney Gaudet petitioned the Court to relieve him from the obligation to register as a sex offender. The Court agreed and our client was not required to register.
Sex Offender Registry Board
RESULT: Client placed on probation and spared prison time. Carney, Gaudet & Carney prevail in court to have client classified as the lowest level of sex offender, level 1. Client’s placement on the sex offender registry not publicly disseminated.
Our client suffered a grievous head injury that led to his commission of several sex offenses. Attorney J. W. Carney, Jr. negotiated a resolution that spared the client from incarceration. Our client was placed on probation for several years and ordered him to register as a sex offender as a condition of his probation. After the criminal case concluded, Attorneys J. W. Carney, Jr. and Nat Carney represented the client before the sex offender registry board and argued that he should be classified the lowest level risk of offender, level 1. Level 1 sex offenders do not have their information publicly listed on the sex offender website. The hearing included testimony from two experts, multiple family members, and our client. The sex offender registry board initially argued our client should be the highest level sex offender, level 3, and refused to classify our client as the lowest risk offender, level 1. Attorneys J. W. Carney, Jr. and Nat Carney challenged the sex offender registry board’s decisions in court on four different occasions before prevailing.
Title IX
Sexual Assault
RESULT: All school disciplinary matters are unsupported. Client completes his education without issues and has no disciplinary record.
Our client, a graduate student with a promising career, was accused of sexual assault and emotionally abusing his ex-girlfriend. The two attended prominent colleges in the Boston area before breaking up. Attorney Nat Carney represented the client through the investigatory, hearing, and appellate phase of the university’s sexual misconduct/Title IX process. A hearing panel of two professors and one student found there was insufficient evidence to support that our client sexually assaulted his ex-girlfriend but found our client responsible for engaging in emotional abuse. The university imposed strict sanctions until Attorney Nat Carney appealed the finding of emotional abuse. Attorney Nat Carney successfully vacated the finding of emotional abuse, and the university entered a decision in favor of our client.
Sexual Assault
RESULT: Client cleared of accusation and graduates from college.
Our client, a student-athlete at a local college, was accused of sexually assaulting a fellow student after a party. Our client wholeheartedly denied the accusation. Attorney Nat Carney represented the client through the Title IX investigatory process at the school and negotiated an informal resolution that led the complainant to withdraw the accusation.
Homicide
First Degree Murder
Verdict: Not Guilty
Our client was charged with first-degree murder in Middlesex County after stabbing a woman to death at a library. Both defense and Commonwealth experts evaluated our client for mental illness and found that he was insane at the time he committed the offense. After a bench trial, the judge found our client not guilty because of his severe mental illness.
Vehicular Manslaughter
Result: No Charges Filed
Our client was driving down a dark road in Worcester when she fatally struck a pedestrian. We worked closely with the investigating law enforcement agency and hired our own experts to show that this was a tragic accident. Law enforcement agreed and there were no charges pressed against our client.
Involuntary Manslaughter
Result: Conviction Vacated
A Hampshire County jury convicted our client, a University of Massachusetts student, of involuntary manslaughter for dealing heroin to an individual who fatally overdosed on the drug. Attorney Carney and his associates took this case all the way to the Supreme Judicial Court arguing that mere drug distribution resulting in a fatal overdose is insufficient to establish the mens rea (i.e., the intent element) for involuntary manslaughter. Compelled by Attorney Carney’s argument, the Supreme Judicial Court reversed and vacated our client’s involuntary manslaughter conviction.
First Degree Murder
Result: Favorable Plea Offer Avoiding Two Life Sentences
Our client, a 31-year-old from Boston, was indicted in Suffolk Superior Court on two counts of First-Degree Murder stemming from a 2003 drive-by shooting. Federal and local law enforcement apprehended our client after he had been a fugitive for nearly ten years. Our firm prepared the case for trial. On the morning of jury selection, Attorney J.W. Carney, Jr. negotiated a guilty plea that allowed our client to plead guilty to accessory after the fact to murder with five years to serve in state prison. This allowed our client to avoid the risk of two life sentences if convicted of murder at trial.
Violent Offenses
Assault and Battery on a Police Officer and Unlicensed Operation of a Vehicle
Verdict: Not Guilty
Our client was charged with assault and battery on a police officer and unlicensed operation of a vehicle in Boston Municipal Court, Dorchester. After a jury trial, the jury deliberated for 18 minutes and found our client not guilty on both counts. The client was thrilled to walk away a completely innocent man. BMC Dorchester
Armed Robbery, Mayhem
Result: Plea Offer with Mental Health Treatment
Our client, a 21-year-old out of-state-college student, was arrested for armed robbery, mayhem, aggravated assault and battery, and assault and battery with a dangerous weapon, all felonies. The police alleged that our client accosted a stranger on the street, stole his cellular phone at knifepoint and bit a piece of his face off. Our client was indicted by a grand jury in the Superior Court and faced a maximum sentence of life in state prison. Carney, Gaudet & Carney worked with our client and learned he suffered from mental health and substance abuse issues. As a team, we helped our client get the treatment that he needed and get his life back on track. Just before the trial was set to begin, Attorney J.W. Carney, Jr. convinced the prosecutor to make a joint recommendation that the client be placed on probation with continued treatment.
Assault and Battery on a Police Officer
Result: Charges Dismissed
Our client, a 78-year-old retired professional from Syria, was charged in Stoughton District Court with assault and battery on a police officer and disorderly conduct. Carney, Gaudet & Carney was retained to represent the client. Attorney J.W. Carney, Jr. secured a dismissal of all charges prior to our client being formally arraigned. This result ensured our client had no criminal record.
Domestic Violence
Result: Client found not guilty of assault and battery with a dangerous weapon, assault and battery on a family household member, assault and battery, and multiple restraining order violations following jury trial.
Our client was accused of assault and battery with a dangerous weapon, assault and battery of a family household member, and assault and battery. After he was charged with three restraining order violations involving his ex-wife and his release was revoked, he hired Carney, Gaudet & Carney. We obtained our client’s release from jail and began litigating his case. We showed that our client’s ex-wife had drained his financial accounts after she had him arrested. Attorneys Nat Carney and Dan Gaudet represented the client during a four-day jury trial that included a vigorous cross-examination of the ex-wife. The jury did not find her credible and returned a verdict of not guilty on all charges.
Drug Offenses
Distribution of a Class B Substance
Result: Charges Dismissed
Our client, a 54-year-old from the Dominican Republic, was charged in Brockton Superior Court with distribution of a class B substance (cocaine) in 1992. He was deported before the case was resolved. Our client attempted to visit his family in the United States but he was prevented from doing so because of the open Brockton court case. Carney, Gaudet & Carney reached out to the prosecution about the case and convinced the prosecutor to dismiss the charge.
Possession of a Class B Substance
Result: Plea Offer resulting in dismissal of charge
Our client, a graduate student in a prominent PhD program, was charged in Malden District Court with possession of a class B substance, specifically cocaine. Attorneys from Carney, Gaudet & Carney presented a detailed letter to the District Attorney’s office about our client and negotiated a favorable plea placing our client on pre-trial probation for one year. Our client successfully completed his pretrial probation and his charges were dismissed. As a result, our client was able to maintain his financial aid for graduate school.
Theft Offenses
Larceny Over $250
Verdict: Not Guilty
Our client, a certified public accountant, faced charges of larceny in Dedham District Court. We took the case to trial. After deliberating for 12 minutes, the jury returned a verdict of Not Guilty. Our client avoided a criminal conviction and was able to continue being a comptroller for a well-known company.
Insurance Fraud
RESULT: Client receives probationary sentence. Restitution reduced from over $260,000 to $12,000.
Our client, an insurance broker, was charged with several offenses related to an insurance fraud scheme. The client retained Carney, Gaudet & Carney. Attorneys J. W. Carney, Jr. and Nat Carney negotiated a resolution that spared the client incarceration. He was placed on administrative probation for two years. The Attorney General prosecuted the case and sought restitution in an amount over $260,000 for five different victims. Attorney Nat Carney cross examined the victims at a restitution hearing and the Court found restitution was not owed to four of the five victims. Based on our client’s financial circumstances at the time of sentencing, the Court ultimately limited restitution to $12,000 total.
Federal Offenses
Conspiracy to Commit Visa Fraud, Encouraging and Inducing Illegal Immigration
Result: Plea Offer with Home Confinement
Our client, a 42-year-old businesswoman, was charged in federal court with conspiracy to commit visa fraud and encouraging and inducing illegal immigration for the purpose of financial gain. Our client made the decision to plead guilty. At sentencing, the Assistant United States Attorney asked the judge to impose a sentence of 18 months’ incarceration and for our client to forfeit $174,000 in assets. Attorney J.W. Carney, Jr. successfully persuaded the court to impose a sentence of three years’ probation with 12 months of home confinement. Attorney J.W. Carney, Jr. also persuaded the court to lower the forfeiture amount to $37,000.
Possession, Production, and Transportation of Child Pornography
Verdict: Not guilty on three of five counts
The Department of Justice indicted our client on one count of transportation of child pornography, three counts of production and attempted production of child pornography, and one count of possession of child pornography. Our client, a teacher, was accused of taping young men while they showered at retreat. Attorney J.W. Carney, Jr. successfully convinced the jury that the federal government failed to prove beyond a reasonable doubt the intent element of production of child pornography and the jury acquitted our client on those three counts. At sentencing, the presiding federal judge described the case as “brilliantly defended.”
Conspiracy to Defraud the United States, Entering an Airport with Intent to Commit a Felony
Result: Plea Offer avoiding deportation
Our client was charged in a 16-count indictment in federal court on charges that he agreed to transport money and drugs through airport security on behalf of a criminal organization. One of the charges would have resulted in our client’s deportation, separating our client from his wife and children. The defense at trial was based on the theory of entrapment – meaning that the government induced our client to commit the criminal acts, which he otherwise would not have committed. The jury was deadlocked, which resulted in a mistrial. Rather than re-trying the case, the Assistant United States Attorney was persuaded by Attorney J.W. Carney, Jr. plea negotiations which resulted in our client pleading guilty to 3 of 16 counts. This plea also avoided our client’s deportation and separation from his loved ones.
Conspiracy to Distribute and to Possess with Intent to Distribute 500 grams or More of Cocaine
Result: Plea Offer with Lowest Possible Sentence
The Department of Justice indicted our client in two separate but related cocaine trafficking conspiracies. Our client was facing a maximum sentence of up to 40 years in federal prison. The Assistant United States Attorney further sought to increase our client’s sentence because of a prior state conviction for manslaughter. We successfully convinced the federal prosecutors that our client’s prior conviction was not a serious violent felony under federal law. As a result, the prosecutors withdrew their request for an enhanced sentence. Our client plead guilty and we persuaded the judge to sentence our client to the lowest possible sentence that was allowable under the law.
Conspiracy to Commit Immigration Document Fraud and Marriage Fraud
RESULT: Client is spared prison time on a serious federal charge and is allowed to remain home with her young child.
Our client, a young single mother, was charged in federal court with conspiring to commit immigration document fraud and marriage fraud. Client worked for an agency that paired non-citizens with American citizens who were willing to enter into sham marriages to help others fraudulently obtain green cards. Attorney Daniel J. Gaudet represented our client. After our client’s guilty plea, the government asked that the Court incarcerate her for one year. The advisory sentencing guidelines recommended that the Court imprison our client for a minimum of ten months. After thoroughly presenting our client’s background and the circumstances of her crime, Attorney Gaudet successfully convinced the federal Court to place our client on probation instead of sending her to prison.