Case Results

2018

Distribution of a Class B Substance (Cocaine)

March 7, 2018

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. Client attempted to visit his family in the United States but was prevented from doing so due to his open court case. Client hired J. W. Carney, Jr. & Associates to represent him. The firm reached out to the prosecution about the case, and they agreed to file a nolle prosequi, meaning that the Commonwealth moved to dismiss the case because the charge could not be proved. Result: Nolle Prosequi.

2017

Assault and Battery on a Police Officer

December 2017

Client, a 78 year-old retired professional, originally from Syria, was charged in Stoughton District Court with assault and battery on a police officer and disorderly conduct. Client retained J. W. Carney, Jr. & Associates to represent him. Attorney Carney secured a dismissal of all charges prior to Client being formally arraigned. This result ensured that Client has no criminal record. Result: Charges Dismissed Prior to Arraignment.

November 2017

Rape

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. Client retained J. W. Carney, Jr. & Associates to represent him. Attorney Carney prepared the case for trial. On the morning of jury selection, Attorney Carney negotiated a plea that resulted in the dismissal of the rape charges and a sentence of 3 years’ probation on the remaining charges. Result: Client Avoids Rape Charges and Gets Probation on Lesser Charges.

September 2017

First Degree Murder

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. Client was apprehended by federal and local law enforcement after being a fugitive for nearly ten years. He retained J. W. Carney, Jr. & Associates to represent him. The firm prepared the case for trial. On the morning of jury selection, Attorney Carney negotiated a guilty plea that allowed the Client to plead guilty to accessory after the fact to murder and to serve a sentence of four to five years in state prison. This allowed the Client to avoid the risk of two life sentences if convicted of murder at trial. Result: Client Avoids Risky Murder Trial and Gets 5 Years for Accessory After the Fact.

April 2017

First Degree Murder

Client was indicted in Suffolk Superior Court for First-Degree Murder. Attorney Carney tried the case before a jury. The Court declared a mistrial after the jury failed to reach a unanimous verdict.

March 2017

Conspiracy to Commit Visa Fraud, Encouraging and Inducing Illegal Immigration

Client, a 42 year-old business-woman was charged in federal court with conspiracy to commit visa fraud and encouraging and inducing illegal immigration for the purpose of financial gain. Client pled guilty and the prosecution asked the judge to impose a sentence of 18 months’ incarceration as well as $174,000 forfeiture. Attorney Carney successfully persuaded the court to impose a sentence of three years’ probation with 12 months of home confinement. Attorney Carney also persuaded the court to lower the forfeiture amount to $37,000. Result: 3 Years’ Probation with 12 Months’ Home Confinement. Client Saves $137,000 on Forfeiture.

2016

October 2016

First Degree Murder

Client, a 16 year-old high school student was indicted in Suffolk Superior Court for first-degree murder in the death of an individual outside of a convenience store. The killing was recorded on the convenience store’s surveillance cameras, and Client was seen stabbing the deceased approximately 18 times. Attorney Carney took the case to trial and used video specialists to slow down the footage of the killing and also employed an expert in adolescent brain development to opine that Client reacted reasonably when he believed that his father was losing a fight to a bigger, younger, man. Attorney Carney successfully persuaded the judge to give a jury instruction on "defense of another" over the prosecutor’s objection. The jury returned a verdict of not guilty and Client walked out of the courthouse a free man. Result: Not Guilty Verdict After Trial.

September 2016

Armed Robbery, Mayhem

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 Client accosted a stranger on the street, stole his cellular phone at knife-point and bit a piece of his face off. Client was indicted by a grand jury in the Superior Court. The charges carried a maximum sentence of up to life in state prison. Client retained J. W. Carney, Jr. & Associates to represent him. Attorney Carney learned that Client suffered from mental health and substance abuse issues. Attorney Carney helped Client get the treatment that he needed and get his life back on track. Approximately one year after Client’s arrest, just before trial was set to begin, Attorney Carney convinced the prosecutor to make a joint recommendation that the client be placed on probation with continued treatment. Result: Client Avoids Prison and Gets Three Years’ Probation with Continued Mental Health and Alcohol Treatment.

March 2016

Conspiracy to Defraud the United States, Entering an Airport with Intent to Commit a Felony

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 Client’s deportation and Client being separated from his wife and children. Attorney Carney tried the case to a jury on a theory of entrapment – meaning that the government induced Client to commit the criminal acts, which he otherwise would not have committed. The jury was deadlocked, which resulted in a mistrial. Attorney Carney then successfully negotiated a plea where the defendant would plead guilty to 3 counts of the 16-count indictment, thereby avoiding a retrial and the risk of deportation. Result: Client Pleads Guilty After Mistrial, Serve Two Years and Avoids Deportation.