Case Results
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
- Title IX
- Homicide
- Violent Offenses
- Drug Offenses
- Theft Offenses
- Federal Offenses
- Firearm Offenses
- Mental Health & Criminal Defense
- Drunk Driving Offenses
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.
Rape
Result: Charge Dismissed
Our client, a real estate agent, was accused of rape in an incident that was alleged to have occurred 15 years before he was charged. Client retained the firm and was represented by Attorneys Dan Gaudet and J. W. Carney, Jr. After the client was indicted, Attorney Gaudet reviewed the transcripts from the grand jury testimony and determined that the prosecutor had introduced misleading and inaccurate testimony. Attorneys Gaudet and Carney filed a motion to dismiss the charge based on the deceptive grand jury presentation made by the prosecution. A Superior Court judge agreed that the inaccurate evidence had tainted the indictment process and dismissed the case. The prosecutor did not seek to refile charges against our client.
Indecent assault and battery on a person over 14
Result: Client is acquitted of all charges following jury trial
Our client, a local physician, was accused of sexually assaulting one of his medical assistants on multiple occasions while they were working together. The prosecution alleged that our client touched the complaining witness inappropriately three different times, including in front of patients. Client retained the firm and was represented by Attorneys J. W. Carney, Jr. and Daniel Gaudet. Attorneys Carney and Gaudet aggressively investigated the case, interviewing multiple other employees who were working when the incidents allegedly occurred. At trial in Lawrence District Court, the team called several witnesses who contradicted the complainant’s version of events. The jury was also invited to tour our client’s office to see firsthand why the allegations could not have occurred the way the complainant described. At the conclusion of the trial, the jury found our client not guilty of all charges after deliberating for only 30 minutes.
Indecent assault and battery on a person under 14
RESULT: Client placed on probation, and all charges will be dismissed at the end of probation. Client spared the embarrassment of sex offender registration.
Our client, a local surgical technician, was accused of indecent assault and battery on a person under 14, dissemination of matter harmful to a minor, and open and gross lewdness. A thorough investigation of the alleged victim’s claims revealed significant credibility issues. Attorney Nat Carney prepared this matter for trial and presented the defense-investigation materials to the prosecutor. On the morning of trial, the prosecutor agreed to amend the charges from indecent assault and battery on a person under 14 to indecent assault and battery on a person over 14, which does not mandate sex offender registration. Additionally, the prosecutor dismissed the charge of dissemination of matter harmful to a minor and amended open and gross lewdness (a felony) to a less serious charge of indecent exposure (a misdemeanor). The prosecutor argued that our client should receive a sentence of imprisonment and be required to register as a sex offender. Attorney Nat Carney presented the court with a detailed memorandum about our client’s background and convinced the court to continue the case without a finding, even though the judge stated that she does not normally agree to this type of sentence for defendants. The court placed our client on probation, and, at the end of the probation, all charges will be dismissed. Additionally, Attorney Nat Carney convinced the court to spare our client from his being required to register as a sex offender.
Rape
Result: Not Guilty Verdict
Our client was accused of sexually assaulting a relative following a family gathering 15 years ago. The complaining witness, who was 16 years old when she claimed the assault occurred, told the police that our client and another relative gave her alcohol for the first time on the night of the incident and got her intoxicated. She accused our client of assaulting her after she passed out from drinking too much. Our client was represented by Attorneys Dan Gaudet and Jay Carney. Attorney Gaudet retained a private investigator who tracked down other people who were present on the night of the incident and contradicted the complainant’s version of events. The case proceeded to trial in Barnstable Superior Court. Despite the complaining witness’s emotional testimony, the jury found our client not guilty after four hours of deliberations.
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.
Domestic Violence
RESULT: Client’s criminal case is dismissed, and the record of this criminal case is destroyed forever. Client will not have any employment obstacles based on these charges upon his graduation.
Our client, a graduate student with a promising career, was charged with assault and battery on a family household member, his wife. Attorney Nat Carney argued that the criminal charges should be dismissed due to a procedural flaw committed by authorities when they sought criminal charges. The court agreed and dismissed all criminal charges against our client. Attorney Nat Carney then petitioned the court to expunge our client’s criminal record. The court granted the petition to expunge, and all criminal records from this case were destroyed. Our client may answer under oath that he has no prior record, no prior criminal court appearances, and his criminal record does not exist.
Domestic Violence
RESULT: Client’s criminal charges are dismissed prior to arraignment, and, as a result, this criminal record will not show up on a background check.
Our client, a local financial advisor, was charged with assault and battery with a dangerous weapon, a felony. He retained Attorney Nat Carney. Attorney Nat Carney quickly saw that the allegations lacked merit and that officers had committed several missteps when they sought criminal charges against our client. Attorney Nat Carney presented this evidence to the court prior to our client’s arraignment in the criminal case. The court dismissed all charges against our client before arraignment, which meant that these charges will not show up on a background check. When police again attempted to seek criminal charges for the same incident against our client, Attorney Nat Carney presented highly exculpatory evidence that convinced the magistrate to not issue the criminal complaint and dismiss the allegations.
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.
Drug Trafficking
Result: All charges dismissed, client is spared a mandatory minimum prison sentence, and his money was returned to him. Court orders expungement of client’s drug trafficking charges.
Our client, a local college student, was charged with trafficking in cocaine, and possession with intent to distribute cocaine, marijuana, mushrooms, and prescription drugs. Client faced a mandatory minimum sentence of 2-15 years in state prison. Authorities had also seized nearly $10,000.00 in currency from our client. Attorney Nat Carney argued that law enforcement violated our client’s rights under the Fourth Amendment of the U.S. Constitution when the officers searched and seized the drugs and money. The court agreed and ordered that the prosecutor could not use the drugs, money, or any other evidence seized from our client at his trial. As a result, all criminal charges were dismissed, and the court further ordered that all money seized by law enforcement must be returned to our client. Attorney Nat Carney subsequently petitioned the court to expunge our client’s criminal record. Attorney Carney argued that the officer committed a demonstrable error when the officer unlawfully violated our client’s rights, and that error led to the creation of our client’s criminal record. The prosecutor opposed expungement. In a novel holding, the court agreed with Attorney Carney and ordered that our client’s criminal record be expunged.
Drug Trafficking
RESULT: All charges dismissed after one week of probation.
Our client, an HVAC technician, was accused of possession with intent to distribute a Class B substance (cocaine), possession of Class A substance (heroin/fentanyl), and possession of a Class C substance (Xanax). Attorney Nat Carney filed a motion to suppress evidence. On the morning of the suppression hearing, the prosecutor offered to dismiss the distribution charge, and our client would plead guilty to just the possession charges. Attorney Nat Carney argued that the court should impose a one-week continuance without a finding, in which all charges would be dismissed after only one week, based on the immense strides our client had made in his life. The court agreed, and one week later all charges were dismissed against our client.
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.
Firearm Offenses
Possession of a Large Capacity Firearm
Result: Charges Dismissed
Our client was the passenger in a car that was involved in a motor vehicle accident. The police arrived and arrested the driver of the vehicle for drunk driving. Our client was waiting to be driven home when the police decided to search a backpack that had been located in the car before the accident. Inside, they found a high capacity rifle and several sleeves of ammunition. The background image on our client’s cell phone showed him holding the same gun that was found in the backpack. Client was arrested and charged with possessing the weapon and ammunition. Attorney Gaudet represented our client. Attorney Gaudet filed a motion to suppress the evidence the police found, arguing that they illegally searched the backpack and violated our client’s right to privacy by looking at his cell phone without permission. A Superior Court judge agreed and the evidence was thrown out. The prosecution then dropped the charges against our client.
Carrying a Firearm Without a License
Result: Charges Dismissed
Our client, a 19-year-old man with no criminal record, was charged with carrying a firearm without a license after a car he was riding in was stopped by police for a defective brake light. Client hired the firm and was represented by Attorney Gaudet. Attorney Gaudet fought the case for our client for the next five years. He litigated three motions to suppress evidence, including one involving cutting edge legal issues concerning racial profiling by police in traffic stops. Our client was convicted of the gun charge at trial and Attorney Gaudet immediately filed an appeal. Attorney Gaudet successfully convinced a judge of the Appeals Court to release our client while his appeal was pending. The prosecution then agreed with Attorney Gaudet that an earlier error by a judge in the case meant that our client’s conviction had to be vacated. The Court allowed a motion to vacate the conviction and the charges were then dismissed.
Unlawful Possession of a Firearm
RESULT: No criminal complaint issues. Client’s firearm returned to him. Client keeps firearm license in other state.
Our client, a retired military veteran with no criminal record, was accused of unlawful possession of a firearm without an FID card, unlawful possession of ammunition, and improper storage of a firearm. Attorneys J. W. Carney, Jr., and Nat Carney represented our client at a clerk’s hearing. Attorney Carney filed a memorandum in support of dismissal that provided a legal basis for the dismissal of all charges. We also presented the clerk with a detailed background on our client and character letters in support to show why the clerk should exercise his discretion to not issue a criminal complaint. The clerk-magistrate stated that it was the most thorough presentation he had seen at a clerk’s hearing and declined to issue a criminal complaint. The police officer called the firm after the hearing and stated he had no intention to appeal the clerk’s decision. Police ultimately returned the firearm to our client.
Carrying a Firearm Without a License and Assault With a Dangerous Weapon
RESULT: Client Acquitted of All Charges
Our client, an 18-year-old young man, was indicted for several crimes related to the shooting of a house in a quiet, rural neighborhood. The prosecution accused our client of firing multiple shots into a home occupied by a family of six people. The gun believed to be used in the shooting was found in a small brook behind the home and our client’s DNA was found on items left at the scene. There was also evidence that the police encountered our client near the scene of the shooting later that night. Client hired the firm and was represented by Attorney Dan Gaudet. The case proceeded to trial in Middlesex Superior Court. Attorney Gaudet presented evidence showing that our client’s roommate was responsible for the shooting. After the prosecution called 20 witnesses and rested its case, Attorney Gaudet convinced the judge that the evidence was insufficient as a matter of law to warrant a guilty finding. The Court agreed and entered a not guilty verdict without the case ever being sent to the jury for consideration.
Carrying a Firearm Without a License, Carrying a Loaded Firearm Without a License & Possession of a Large Capacity Feeding Device
Result: Acquitted at trial of minimum mandatory firearms offenses.
Our client was driving a friend’s car when the police suspected he had been involved in a recent aggravated assault with a firearm. Client gave a fake name to police, as his driver’s license was suspended. Police searched our client and the vehicle. Police recovered a loaded, large capacity firearm in a hidden compartment in the vehicle. Client was arrested and charged with 9 offenses, including the following 5 firearm offenses: carrying a loaded firearm without a license, carrying a firearm without a license, unlawful possession of a firearm, unlawful possession of ammunition, and unlawful possession of a large capacity feeding device. Massachusetts State Police, Boston Police, and the ATF were all involved in the investigation. Our client faced significant mandatory minimum penalties if convicted. After a prior attorney lost the motion to suppress evidence, our client switched counsel to Attorney Nat Carney. Attorney Nat Carney took the case to a jury trial. Attorney Nat Carney was able to exclude evidence of the aggravated assault incident as well as the ATF investigation. Our client was acquitted of every serious charge that he was facing, including all the minimum mandatory firearm offenses. The lone charge he was convicted of, giving a fake name to police, carried a penalty of a $100 fine. After the verdict, our client was finally able to remove a GPS ankle monitor bracelet and walked out of the courthouse a free man.
Mental Health & Criminal Defense
Multiple Felony Offenses
RESULT: Client’s criminal cases are dismissed. Client’s mental health stabilizes, and he returns home to live with his loved ones.
Our client, an immigrant to the U.S., was charged with several violent felony offenses across multiple cases, including multiple counts of assault and battery with a dangerous weapon, assault with a dangerous weapon, assault and battery, carrying a firearm without a license, carrying an unloaded rifle/shotgun, possessing a firearm without a license, improper storage of a firearm near a minor, and indecent exposure. It was clear that our client suffered from mental health issues. Attorney Nat Carney convinced the court to release our client to an inpatient program at a mental health hospital instead of holding him in jail until trial. After several months of treatment, our client stabilized and returned to his home to live with his parents. Attorney Nat Carney worked with leading experts in neuropsychology and forensic psychiatry to present a mental health defense in support of the dismissal of all charges. The prosecutor strenuously opposed the dismissal of the criminal cases. The court dismissed all charges in every case against our client.
Multiple Felony Offenses
RESULT: Client is acquitted of serious felony charges and returns home, instead of involuntary commitment to maximum security mental health hospital.
Our client, a young man with schizoaffective disorder, had a mental health episode that led to the commission of several serious crimes: attempting to disarm a police officer, two counts of assault and battery on a police officer, and resisting arrest. Attorney Nat Carney represented the client beginning at his arraignment. Attorney Nat Carney convinced the court to send our client McLean Hospital, a world-renowned mental health hospital, instead of holding him in prison until his trial. Over time, our client’s mental health stabilized. He returned home so that he could live with his family and receive outpatient treatment. Working with leading experts in psychiatry and forensic psychology, Attorney Nat Carney presented a defense premised on our client’s lack of criminal responsibility due to his mental illness. The prosecutor agreed that our client was insane at the time of the offense. After a bench trial, the judge found our client not guilty because of his severe mental illness. Over the objection of the prosecutor, the court declined to order that our client be committed to the state’s maximum security mental health hospital. Instead, the court permitted our client to continue residing in the community without any restrictions.
Drunk Driving Offenses
Operating Under the Influence of Liquor
Result: Client Acquitted of All Charges
Our client was charged in Cambridge District Court with drunk driving and threatening the police officers who arrested him. The police claimed that our client got into a car accident and was drunk and belligerent when they arrived on the scene. Three other lawyers represented our client before us and told him that his case was unwinnable. Attorney Daniel Gaudet represented our client. At trial, Attorney Gaudet convinced the judge that there was insufficient evidence that our client made any threats against the police and that charge was thrown out without ever going to the jury. After Attorney Gaudet presented everything our client did that night before the accident, including introducing a restaurant receipt showing that he only purchased one alcoholic drink, the jury found our client not guilty of operating under the influence.
Operating Under the Influence of Liquor
Result: Client Found Not Guilty After Trial
Our client, a commercial truck driver, was charged with operating under the influence of liquor in Malden District Court. The prosecution alleged that our client struck a curb and a parked car before trying to drive away from the accident. The police claimed that our client had trouble maintaining his balance, which they argued proved that he was drunk. Our client was represented by Attorney Daniel Gaudet. Attorney Gaudet obtained medical records that revealed that our client had deformities in his knees that affected his balance and gait. The medical records also established that our client had undergone reconstructive knee surgery shortly before the incident. Attorney Gaudet presented the medical records and testimony about our client’s knee problems at trial. The jury returned a not guilty verdict in less than one hour.
Operating Under the Influence of Liquor
Result: Client Found Not Guilty After Trial
Our client, a student at a local college, was charged with drunk driving in Malden District Court. There was evidence that our client was driving erratically before being stopped by the police. The police claimed that our client smelled strongly of alcohol and that the side of the car was covered in vomit. They also claimed that our client was unable to keep his balance when asked to perform field sobriety tests. Attorney Daniel Gaudet represented our client. Attorney Gaudet learned that there was several other people in the car that our client was driving and that two of them were heavily intoxicated. At trial, Attorney Gaudet called one of the other passengers as a witness, who testified that another person in the car vomited on the side and not our client. The witness also testified that other people in the car were drunk and harassing our client to drive faster and unsafely. Attorney Gaudet also introduced evidence showing that the weather was extremely cold that night and that our client was not dressed appropriately, causing him to shake and shiver when trying to balance for the police. The jury then acquitted our client of drunk driving.
Second Offense Operating Under the Influence of Liquor and Child Endangerment While Operating Under the Influence
Result: Dismissal of Charges with Mandatory Jail Terms and Plea to Lesser Offense
Our client, a healthcare executive, was charged with second offense drunk driving in Woburn District Court. Because her two children were in the backseat of the car during the incident, she was also charged with child endangerment while operating under the influence, which carries a mandatory jail term upon conviction. Client hired the firm and was represented by Attorney Dan Gaudet. Attorney Gaudet collected information about our client’s background to better understand her problematic use of alcohol. Attorney Gaudet presented a thorough packet of information to the District Attorney’s Office and convinced them to dismiss the child endangerment charges. At Attorney Gaudet’s request and over the objection of the prosecutor, the Court imposed a first offense drunk driving disposition, which will ultimately result in a dismissal of the remaining charges.