A disagreement over a debt landed one neighbor in jail and the other crying and calling the police. According to The Danvers Herald, forty-four year old Jayniene McCarthy of Danvers barged into a neighbor’s apartment, kneeing a two-year old toddler before putting a knife to the boy’s mother’s throat and taking a wallet from the kitchen table. According to reports the front door of the victim’s apartment was kicked in and McCarthy faces charges including armed robbery, assault and battery on a child causing injury, breaking and entering, assault and battery to collect a loan and malicious destruction of property. The assailant allegedly took a knife from the dish rack and put it to the victim’s neck demanding repayment of a $100.00 loan. When the police arrived she was crying and the child had a bruise on his head. Both were evaluated at the hospital. According to the paper, the suspect allowed the police to search her apartment and the wallet was found in the suspect’s apartment.
Apparently, the defendant was held without bail pending a dangerousness hearing set for this Wednesday. The District Attorney’s Office files a request for a “dangerousnsess hearing” in the event that they believe that an individual is a danger to herself, himself, a particular individual or the community and there are no other reasonable means to ensure the safety of the public without having the defendant held in jail without bail. The prosecutor must also be able to present probable cause that the defendant committed the offense. In the event a judge finds that an individual fits this criteria he or she may be held without the opportunity to post bail.
Although all of the facts of this case are not known at this time, if the defendant does not have a record that is a positive factor that should be emphasized by a qualified defense attorney. In cases in which is is alleged that a defendant engaged in violent behavior which may concern a Judge, arguing that the defendant could routinely report to probation and abstain from alcohol and or drugs (if they were involved in the offense) may help an individual be able to be eligible for bail. If things are not looking good, it is sometimes a good idea to argue that the individual be placed on a “bracelet” and only allowed to go to work and other enumerated activities.
In this case, it appears that the defendant consented to the police entering her apartment and searching it. In Massachusetts the police must get a search warrant in order to search a person’s home. A few exceptions to that rule are if there are “exigent circumstances” or if a person in control of the premises “consents” to the search. “Consent” must be given freely and without coercion. An experienced defense lawyer will often file a motion to suppress evidence based on illegal entry, search of an apartment and seizure of evidence from a home in situations in which law enforcement did not get a warrant prior to entry and there was not exigency or consent. Whether an individual “consented” to a search is often the subject of litigation during a motion to suppress evidence.
The filing of a pre-trial motion to suppress evidence is one of many tools that Our Attorney has in her arsenal to defend individuals that are charged with a crime. Our Attorney appears in courts in Middlesex, Essex and Suffolk counties including Lowell, Peabody and Boston Municipal Court zealously defending clients charged with criminal offenses. If you, a family member or a loved one has been charged with a crime contact Our Attorney on-line.