Case Results » Open and Gross Lewd and Lascivious Behavior
Judge Dismissed Case Charging Defendant With Lewd And Lascivious Behavior
The police arrested the defendant after security personnel viewed footage and claimed that the defendant was openly "pleasuring himself" in a mall parking lot. The problem for the Commonwealth was that NO-ONE viewed his activities. The defendant was arrested and charged with Open and Gross Lewdness and Lascivious Behavior in violation of M.G.L. ch. 272, section 16.
Attorney McCarthy argued that the conduct was not viewed directly be anybody therefore it was not "open" and there was nobody that was alarmed or shocked by the defendant's behavior. For these reasons, the elements of the crime were not met. A judge eventually agreed and the case was dismissed.
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Case To Be Dismissed Against Client Charged With Sexual Offense Of Open And Gross Conduct/Lewd And Lascivious Conduct [M.G.L. ch. 272 section 16]
According to the police report, a citizen reported to the police that a male was masturbating in a car in a residential neighborhood. After receiving the complaint the police canvassed the area and approached the defendant who was in a motor vehicle in the area. Despite the fact that the defendant denied the activity, he was arrested and charged with open and gross conduct based on the description given by the witness of the perpetrator and the car that he was in.
It is important to have an experienced criminal attorney on your side if you or a family member faces this charge because a conviction can have collateral consequences including having to register as a sex offender. Lucky for this defendant, he contacted Attorney McCarthy immediately. Attorney McCarthy conducted extensive interviews and conferenced the case with the District Attorney's Office prior to trial. Attorney McCarthy stressed that the client had no other incident with the police and was a productive and law abiding individual. Based on McCarthy's persuasive arguments the District Attorney agreed to dismiss the case after the defendant performed a minimal number of community service hours. The client did NOT have to admit to any facts or plead guilty. Based on the agreement of the parties, the case will be dismissed in a few months.
Clerk Magistrate Denies Request For Complaint Charging Lewd And Lascivious Conduct
A neighbor made a report to the local police claiming that the defendant exposed himself in his apartment window when a group of neighborhood children were outside playing. Based on this complaint, a detective conducted interviews and a description of the alleged perpetrator was given. The complainant failed to identify the client/defendant in a photo array. During the hearing, Attorney McCarthy argued vehemently for her client's innocence and the clerk declined to issue the complaint against the defendant.
Attorney McCarthy Secures Pre-Trial Probation For Defendant Charged With Felony Count Of Lewd And Lascivious
According to the police report, based on numerous complaints of citizens Detectives investigated a local area for individuals performing oral sex in a public place. One of the detectives happened upon a pair of males engaged in oral sex off of a well traveled path. The pair was arrested and both were charged with lewd and lascivious conduct. Attorney McCarthy negotiated a disposition whereby the case will be dismissed in one year provided the defendant stays out of trouble. The client did NOT have to make any admission and will not face ANY sex offender registry consequences.
Judge Allows Attorney McCarthy's Motion To Dismiss Felony Count Of Open And Gross Lewdness
The police report alleged that the defendant "mooned" a resident assistant after being denied access to a college dormitory. The defendant was arrested and charged with the felony offense of open and gross lewdness.
Attorney McCarthy filed a motion to dismiss arguing that the facts, as alleged by the government, did not constitute open and gross lewdness. She also argued that since no individual had been charged with this offense based on this type of conduct in Massachusetts in the past, the charge must be dismissed because the statute was unconstitutionally vague and violated the due process clause of the Fourteenth Amendment to the United States Constitution and Article 12 of the Massachusetts Declaration of Rights of her client. Following a hearing the judge allowed the motion to dismiss.
Charges Of Open And Gross Lewdness And Lascivious Behavior To Be Dismissed Against Successful Businessman
The Police claimed that they received a radio call to respond to the downtown Boston area because of a man in a car that was allegedly masturbating. The police claimed that witness called in with a description of a male in a car. Eventually, the police tracked down a suspect and charged him with Open and Gross. Despite the fact that the witness claimed to have seen the defendant engage in this behavior on prior occasions, Attorney McCarthy negotiated a disposition whereby the case will be dismissed in a year provided the defendant satisfies certain conditions and does not get charged with any new crimes.