Kevin J Mahoney

Kevin J Mahoney's Legal Cases (48)

Cambridge, MA

Criminal defense Lawyer at Cambridge, MA

Practice Areas: Criminal Defense, DUI & DWI ... +3 more

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Criminal defense

Commonwealth vs. Doug W.

Nov 28, 2001

OUTCOME: Not Guilty

OUI – Not Guilty Driving to Endanger – Not Guilty According to responding police, the client was standing outside driver's side door of a truck that had struck a wall. He was very drunk. The ow ... ner of the truck admitted driving the truck, but denied hitting the wall. The client's girlfriend, who was extremely intoxicated, covered in her own vomit denied being in the truck, but said that the client had driven the truck. After failing the field sobriety tests, the client claimed that his girlfriend had driven the truck. At trial, Attorney Mahoney persuaded the jury that the police had lied and that the now ex-girlfriend was the driver.

Criminal defense

Commonwealth vs. Dion D.

Oct 23, 2001

OUTCOME: Dismissed

Possession Class D – Dismissed Possession Class D w/ intent to Distribute – Dismissed Constable forces the client, who is driving a Ford Explorer, to stop for speeding and erratic driving. When ... the client appears to reach for a gun, the constable draws his gun on him, removes him from the Explorer, searched the vehicle and found three bags of marijuana. Mahoney filed a motion to suppress, successfully petitioning the Court to find the search unconstitutional.

Criminal defense

Commonwealth vs. Gregory W.

Oct 03, 2001

OUTCOME: Not Guilty

Operating Under the Influence – Not Guilty At 03:45 a.m. on the Sunday morning following St. Patrick’s Day, the client almost collided with two cars as he ran a red light in Somerville. The clie ... nt failed the alphabet, heel-to-toe, one-leg stand, and nystagmus eye field sobriety tests. He admitted that he had been drinking. He was unsteady on his feet, had bloodshot, glassy eyes, and an odor of alcohol on his breath. The client took the breathalyzer, which recorded a blood alcohol content of .07 (presumption of intoxication at .08).

Criminal defense

Commonwealth vs. Ed T.

Sep 26, 2001

OUTCOME: Not Guilty

Operating Under the Influence -- Not Guilty On way home from two Christmas parties, the client skidded to a stop at the intersection of Harvard Street and Beacon Street in Brookline. At the next int ... ersection, he drove down the wrong side of the median, into oncoming traffic. The client was unable to say the alphabet in three attempts and failed the heel-to-toe and one-leg stand field sobriety tests. The breathalyzer recorded a .13 (legal limit .08). Three police officers testified for the prosecution. The jury deliberated only 20 minutes.

Criminal defense

Commonwealth vs. John B.

Sep 21, 2001

OUTCOME: Pled, Dismissed

Domestic A&B -- pled to straight probation Possession Class D w/ intent to Distribute w/i School Zone– Dismissed Possession Class C w/ intent to Distribute w/i School Zone– Dismissed Possession ... Class E – Dismissed The client's wife called 911 and accused her husband of assault & battery. The client fled the scene carrying a backpack. The police arrested him not far from his home and, searching his backpack, found a substantial amount of marijuana and approximately 200 methamphetamine tablets. Attorney Mahoney filed a motion suppress arguing that the drugs had been seized during an unconstitutional search of the backpack. After an evidentiary hearing, the Court allowed Attorney Mahoney’s motion and suppressing all the drugs. The drug charges, which carried a minimum mandatory sentence of 2 years in prison, were Dismissed.

Criminal defense

Commonwealth vs. John Merlino

May 31, 2001

OUTCOME: Not Guilty

Disorderly Person -- Not Guilty Resisting Arrest -- Not Guilty Police-responding to altercation in parking lot outside Foxboro Stadium following a Patriots' game-handcuffed the client, mistaking hi ... m for one of the combatants. When he protested, another police officer instructed him to “shut the fuck up,” grabbed him, slammed him to the ground, twisted his arm, and threw him bodily into the patrol wagon. The police eventually identified the correct combatants. The four responding police officers still testified that the client had been one the combatants, that he had been drunk, abusive, threatening, and violent. They said that the client was only “placed” on the ground when he resisted their efforts to handcuff him. We will now be filing a civil lawsuit against the Foxboro Police Dept.

Criminal defense

Commonwealth vs. Heriberto T.

May 21, 2001

OUTCOME: Not Guilty

Possession of a Loaded Firearm While Intoxicated -- Not Guilty The client was riding in the passenger seat of his car on Rt. 9 when he removed a handgun from a bag and held it to his head. Unable to ... talk the client out of killing himself, the driver fled the car. Responding police surrounded shut down Rt 9 and surrounded the client's car. The police ordered him to throw his weapon from the car. The police took him into custody. He had bloodshot eyes, an odor of alcohol on his breath, slurred his words, and was unsteady on his feet.

Criminal defense

Commonwealth vs. Cheryl C.

Mar 23, 2001

OUTCOME: Not Guilty

Accessory After Fact to Bank Robbery -- Not Guilty A hispanic male robbed Stoneham Savings Bank by indicating he had gun beneath shirt. Fled bank with cash into getaway car, driven by the defendant. ... Dye pack exploded and he began throwing money out window of car. The client drove car away from scene. Eight days later police arrest the man on unrelated charge. The man implicates the client. Police arrest her five days later. She tells police she had no idea that the man planned to rob bank and that, following the robbery, he threatened to kill her if she "ran her mouth."

Criminal defense

Commonwealth vs. Marianne S.

Dec 08, 2000

OUTCOME: Not Guilty

OUI 2nd – Not Guilty Resisting Arrest – Not Guilty Defendant failed 3 of 5 field sobriety tests. Defendant submitted to portable breathalyzer with reading of .134 (legal limit .08). On booking ... video, Defendant slurring words, swearing and yelling at officers.

Criminal defense

Commonwealth vs. Michael D.

Oct 27, 2000

OUTCOME: Not Guilty, Guilty

Assault w/ intent to Rape – Not Guilty Indecent A & B (hand on vagina) – Hung (7 to 5 in favor of acquittal) Indecent A & B (hand on breast) – Hung (11-1 in favor of acquittal) A & B – Guilt ... y (Def. received 2 – yrs straight probation) Eleven year old victim testified that client, 18 year old male, gave her a piece of candy, followed her to mother’s truck, where he grabbed her, dragged her from car, jammed his hand down her shorts, grabbed her crotch, hit her repeatedly, fondled and squeezed her breast, and kissed her on the mouth

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