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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-09-06
Status Open
Type Probation Transfer|A&b Attempt With Firearm C 265 § 15 F
Docket 67 entries

Parties

Defendant Mccabe, Alanna Leigh

Lawyers

Docket Entries

  1. Indictment(s) returned
  2. Attorney appearance On this date Radu Brestyan, Esq. added as Attorney for the Commonwealth for Prosecutor Middlesex District Attorney
  3. Commonwealth 's Motion to Amend the Indictment
  4. Habeas Corpus for defendant issued to MCI - Framingham returnable for 04/22/2021 11:00 AM Arraignment. TO BE HELD VIA ZOOM
  5. Endorsement on Commonwealth 's Motion to Amend the Indictment, (#3.0): Allowed without objection by defendant Judge: Pierce, Hon. Laurence D
  6. Event Result:: Motion Hearing scheduled on: 04/21/2021 09:00 AM Has been: Held as Scheduled Comments: Not held on record. Endorsement done off record. Hon. Laurence D Pierce, Presiding Staff: Christina Lucci, Assistant Clerk
  7. Commonwealth files the statement of the case.
  8. Commonwealth 's Motion for Pretrial Detention Pursuant to M.G.L. chapter 276, section 58A
  9. Attorney appearance On this date Karen Swenson, Esq. added as Appointed - Indigent Defendant for Defendant Alanna Leigh Mccabe Appointment made for the purpose of Case in Chief by Judge Hon. Laurence D Pierce.
  10. Findings and Order of Statutory Fees LCF imposed Judge: Pierce, Hon. Laurence D
  11. Alanna Leigh Mccabe's waiver of of Physical Presence done orally on the record.
  12. Defendant arraigned before Court.
  13. Defendant waives reading of indictment
  14. Plea of not guilty entered on all charges.
  15. The defendant\petitioner is committed without bail for the following reason: Pending dangerousness hearing. Judge: Pierce, Hon. Laurence D
  16. Affidavit of indigency filed; APPROVED, counsel appointed.
  17. Case assigned to: DCM Track A - Standard was added on 04/22/2021
  18. Event Result:: Arraignment scheduled on: 04/22/2021 11:00 AM Has been: Held as Scheduled Comments: All parties appeared on Zoom Hon. Laurence D Pierce, Presiding Appeared: Prosecutor Radu Brestyan, Esq., Attorney for the Commonwealth Defendant Alanna Leigh Mccabe Karen Swenson, Esq., Appointed - Indigent Defendant Probation Officer Vanessa Banks Associate Probation Officer Shavon Hammond Staff: Christina Lucci, Assistant Clerk Court Reporter FTR Christina Lucci
  19. Habeas Corpus for defendant issued to MCI - Framingham returnable for 04/28/2021 09:00 AM 58A Dangerousness Hearing. """"""""""""""""""ZOOM HABE Meeting ID is 161 434 1135 passcode is 933634
  20. Event Result:: 58A Dangerousness Hearing scheduled on: 04/28/2021 09:00 AM Has been: Held via Video/Teleconference Hon. William J Ritter, Presiding Appeared: Prosecutor Radu Brestyan, Esq., Attorney for the Commonwealth Defendant Alanna Leigh Mccabe Karen Swenson, Esq., Appointed - Indigent Defendant Staff: Joseph P Mahoney, Assistant Clerk FTR Rattigan
  21. Bail set at $50,000.00 Surety, $5,000.00 Cash. GPS TO BE INSTALLED BEFORE RELEASED Conditions of bail 1. GPS to be installed - Home confinement 2. Home confinement at mothers residence in Newburyport MA with windows allowd for Legal and medical appointments 3. refrain from use of any alcohol or any narcotic drug or other controlled substance without a prescription from a licensed medical practitioner 4. not to possess any firearm , destructive device , or other dangerous weapon Judge: Ritter, Hon. William J
  22. Defendant 's Motion to Adjust conditions of Pretrial release
  23. Docket Note: Case File sent to Lowell Superior Court
  24. Event Result:: Bail Hearing scheduled on: 05/25/2021 02:30 PM Has been: Held via Video/Teleconference Hon. William J Ritter, Presiding Appeared: Prosecutor Radu Brestyan, Esq., Attorney for the Commonwealth Defendant Alanna Leigh Mccabe Karen Swenson, Esq., Appointed - Indigent Defendant Staff: Joseph P Mahoney, Assistant Clerk
  25. Endorsement on Motion to Adjust conditions of PreTrial Release, (#13.0): ALLOWED for change of address as requested. windows out for medical appointments only. Court will revisit conditions at next hearing in June Judge: Ritter, Hon. William J
  26. Event Result:: Filing of Motions scheduled on: 06/23/2021 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. William J Ritter, Presiding Staff: Joseph P Mahoney, Assistant Clerk
  27. Defendant Karen Swenson, Esq.'s Motion to Suppress
  28. Affidavit filed by Defendant Alanna Leigh Mccabe in support of Motion to Suppress
  29. Defendant Karen Swenson, Esq.'s Motion for Discovery
  30. Defendant 's Motion to Adjust Conditions of Pretrial Release
  31. Event Result:: Bail Hearing scheduled on: 06/25/2021 02:15 PM Has been: Held via Video/Teleconference Hon. William J Ritter, Presiding Appeared: Prosecutor Radu Brestyan, Esq., Attorney for the Commonwealth Defendant Alanna Leigh Mccabe Karen Swenson, Esq., Appointed - Indigent Defendant Staff: Joseph P Mahoney, Assistant Clerk
  32. Commonwealth 's Notice of Discovery I
  33. Defendant 's Motion to Adjust Conditions of Pretrial Release
  34. Endorsement on Defendant's Motion to Adjust Conditions of Pretrial Release, (#18.0): Allowed, after hearing. New GPS curfew is 1AM to 5AM, 7 days a week. Judge: Salinger, Hon. Kenneth W
  35. Event Result:: Bail Hearing scheduled on: 07/23/2021 02:15 PM Has been: Held via Video/Teleconference Hon. Kenneth W Salinger, Presiding Appeared: Prosecutor Radu Brestyan, Esq., Attorney for the Commonwealth Defendant Alanna Leigh Mccabe Karen Swenson, Esq., Appointed - Indigent Defendant Staff: Jessica Noble, Assistant Clerk/FTR Phil Orlandello, Probation Officer
  36. Event Result:: Bail Hearing scheduled on: 07/26/2021 11:45 AM Has been: Held as Scheduled Hon. Kenneth W Salinger, Presiding Appeared: Prosecutor Radu Brestyan, Esq., Attorney for the Commonwealth Defendant Alanna Leigh Mccabe Karen Swenson, Esq., Appointed - Indigent Defendant Staff: Joseph P Mahoney, Assistant Clerk
  37. Commonwealth 's Motion to Revoke Defendant's Bail
  38. Endorsement on Motion to Revoke Defendant's Bail, (#18.1): DENIED after hearing. Conditions of release modified as stated on the record.
  39. Defendant 's Motion to Adjust Conditions of Pretrial release
  40. Endorsement on Motion to Adjust conditions of Pretrial Release, (#19.0): ALLOWED
  41. Commonwealth 's Motion to Revoke Defendant's Bail
  42. Endorsement on Commonwealth's Motion to Revoke Defendant's Bail, (#20.0): Denied, after hearing, and after an admonition to Ms. McCabe. Judge: Salinger, Hon. Kenneth W
  43. Defendant Karen Swenson, Esq.'s Assented to Motion to Adjust Home Address
  44. Endorsement on Motion to Adjust Home Address, (#21.0): ALLOWED Judge: Salinger, Hon. Kenneth W
  45. The following form was generated: A Clerk's Notice was generated and sent to: Defendant, Attorney: Karen Swenson, Esq. Committee for Public Counsel 42 Church St, Lowell, MA 01852 Prosecutor, Attorney: Radu Brestyan, Esq. Middlesex District Attorney's Office 15 Commonwealth Ave, Woburn, MA 01801 Holding Institution: MCI - Framingham Records Office P.O. Box 9007, Framingham, MA 01704
  46. Event Result:: Final Pre-Trial Conference scheduled on: 11/22/2021 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Kenneth W Salinger, Presiding Staff: Joseph P Mahoney, Assistant Clerk
  47. Event Result:: Jury Trial scheduled on: 12/06/2021 09:00 AM Has been: Rescheduled For the following reason: Joint request of parties Hon. Kenneth W Salinger, Presiding Staff: Joseph P Mahoney, Assistant Clerk
  48. Defendant 's EX PARTE Motion for funds to employ expert
  49. Affidavit filed by Defendant Alanna Leigh Mccabe in support of Motion for funds to employ expert
  50. Endorsement on Motion for Funds to Employ Expert, (#23.0): ALLOWED up to $4,000.00
  51. Defendant files sentence recommendation
  52. Habeas Corpus for defendant issued to MCI - Framingham returnable for 02/17/2022 02:30 PM Lobby Conference. ***In-Person***
  53. Event Result:: Lobby Conference scheduled on: 02/17/2022 02:30 PM Has been: Held as Scheduled Hon. William J Ritter, Presiding Appeared: Prosecutor Radu Brestyan, Esq., Attorney for the Commonwealth Defendant Alanna Leigh Mccabe Karen Swenson, Esq., Appointed - Indigent Defendant Staff: Joseph P Mahoney, Assistant Clerk
  54. Event Result:: Hearing for Change of Plea scheduled on: 02/17/2022 02:00 PM Has been: Held as scheduled Hon. William J Ritter, Presiding Appeared: Prosecutor Radu Brestyan, Esq., Attorney for the Commonwealth Defendant Alanna Leigh Mccabe Karen Swenson, Esq., Appointed - Indigent Defendant Staff: Joseph P Mahoney, Assistant Clerk
  55. Defendant waives rights. Judge: Ritter, Hon. William J
  56. Plea colloquy given. Judge: Ritter, Hon. William J
  57. Defendant warned pursuant to alien status, G.L. c. 278, § 29D. Judge: Ritter, Hon. William J
  58. Defendant warned pursuant to the habitual offender statute G.L. c. 279, § 25(d) Judge: Ritter, Hon. William J
  59. Defendant warned pursuant to the armed career criminal statute G.L. c. 269, § 10G Judge: Ritter, Hon. William J
  60. Findings and Order of Statutory Fees Judge: Ritter, Hon. William J All Fees are waived including PSF ICF and VWF as well as DNA Fee
  61. Offense Disposition:: Charge #1 A&B ATTEMPT WITH FIREARM c265 § 15F On: 02/17/2022 Judge: Hon. William J Ritter By: Hearing on Plea Offer/Change Guilty Plea Charge #2 MOTOR VEH, MALICIOUS DAMAGE TO c266 §28(a) On: 02/17/2022 Judge: Hon. William J Ritter By: Hearing on Plea Offer/Change Guilty Plea Charge #3 FIREARM, CARRY WITHOUT LICENSE c269 §10(a) On: 02/17/2022 Judge: Hon. William J Ritter By: Hearing on Plea Offer/Change Guilty Plea Charge #4 FIREARM, CARRY WITHOUT LICENSE LOADED c269 s.10(n) On: 02/17/2022 Judge: Hon. William J Ritter By: Hearing on Plea Offer/Change Dismissed
  62. Correction Date: 02/17/2022 Judge: Hon. William J Ritter Charge #: 3 FIREARM, CARRY WITHOUT LICENSE c269 §10(a) Committed to HOC Term: 1 Years, 6 Months, 0 Days To Serve: 1 Years, 6 Months, 0 Days Committed to MCI - Framingham Credits 139 Days
  63. Charge #: 1 A&B ATTEMPT WITH FIREARM c265 § 15F Served Consecutively Charge # 3 Case 2181Cr00162 Charge #: 2 MOTOR VEH, MALICIOUS DAMAGE TO c266 §28(a) Served Concurrently Charge # 1 Case 2181CR00162 Probation: Risk / Need Supervision Duration: 3 Years, 0 Months, 0 Days Conditions: Obey all court orders and laws You shall obey all local, state, and federal laws and all court orders. Report to probation as ordered You shall report to your assigned probation officer at such time and place as directed. Notify probation of a change in address/employment You shall notify the probation officer immediately of a change of residence or employment. Probation Supervision Fee You shall pay the probation supervision fee, if required by law, unless waived by court order, or perform community service, if ordered by the court. DNA sample You shall submit a DNA sample in accordance with G.L. c. 22E, Sec. 3 and pay the required fee unless waived by the court. Sign releases You shall sign all releases for supervision and verification of compliance with these conditions of probation. Home, school & work visits You shall allow the probation officer to visit you at home, school or place of employment at any time with or without notice. Reporting after incarceration If you are incarcerated, you shall report to the Probation Service within 48 hours after you are released from incarceration or the next business day following a weekend or court holiday. If you are subject to GPS monitoring as a condition of probation, you shall report to the Probation Service immediately upon your release from incarceration. Not to leave Massachusetts You shall not leave Massachusetts without the express permission of the Probation Service, and if permission is granted, you shall sign a waiver of extradition and rendition before traveling. Poss of weapons,drugs,explosives,firearms or AMMO You shall not unlawfully receive, possess, control or transport any drugs, weapons explosives, firearms or ammunition. New criminal charges You shall immediately inform the Probation Service of any new criminal charge(s). Court Ordered Fees You shall pay all other court-ordered assessments and fees. Failure to pay court ordered assessments and fees are a violation of your conditions of probation and may result in the issuance of a violation notice and violation hearing. If you are found to be in violation of the terms and conditions of probation you may be subject to incarceration. If a change in circumstances renders you unable to pay, you have the "right to address the court" to show that payment "would cause a substantial financial hardship to you, your family or dependents." Additional Special Condition Not to Possess any fireqrms Additional Special Condition seek or maintin employmnet
  64. ORDER: For Dismissal of outsanding Monies Owed $150 ICF is Dismissed
  65. Mittimus returned to court: SERVED
  66. Probation Transfer Notice Received (Essex Superior Court)
  67. Probation Transfer Review Complete

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