Case Results » Sex Crimes
Criminal Charge of Sexual Conduct for A Fee [M.G.L. ch. 272 section 53A(b)] Converted To A Civil Infraction
The police report alleged that during the course of an undercover investigation, Detectives posed as a female and were solicited by the defendant for sex. According to the report, the suspect/defendant agreed to meet an Undercover Detective for an hour of sex with a condom. The officers set up surveillance in the area of the agreed upon meeting point and approached the suspect/defendant at the location. A detective allegedly called the suspect's number. The detective claimed that he saw his department issued number appear on the suspect/defendant's cell phone.
Attorney McCarthy filed a motion pursuant to M.G.L. ch. 277 Section 70C moving to have the offense converted to a civil infraction. M.G.L. ch. 277 Section 70C provides in part:
Upon oral motion by the commonwealth or the defendant at arraignment or pretrial conference, or upon the court's own motion at any time, the court may, unless the commonwealth objects, in writing, stating the reasons for such objection, treat a violation of a municipal ordinance, or by-law or misdemeanor offense as a civil infraction. . . . .
The judge allowed the motion over the Commonwealth's objection. The case was disposed of without criminal consequences for the defendant.
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Prostitution Case Dismissed Against Non-Citizen
According to the police report there was suspicion about prostitution being conducted in a massage parlor. Following an undercover investigation the defendant was charged with prostitution. Because of the individual's status as a non-citizen it was crucial to have the case dismissed in order to avoid collateral immigration consequences.
After reviewing the discovery, it was apparent that a motion to dismiss was a viable option. After discussing the case with the District Attorney's Office they agreed to dismiss it.
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Client Avoids Prosecution For Sex For A Fee [M.G.L. ch. 272 section 53 (a)]
An inquiry to advertisement for massage landed an unsuspecting potential patron in handcuffs and a jail cell. Upon being retained our office immediately began intense negotiations to avoid the prosecution of the case for the elderly individual with NO criminal history. Based on the positive presentment of the client's impressive personal, work and family history the District Attorney's Office ultimately agreed to continue the case WITHOUT requiring the defendant to admit to facts or plead guilty. Provided the defendant satisfies certain minimal conditions the case will be dismissed. Based on the efforts of our office the client avoided the public litigation of the case which was resolved very quickly.
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Case To Be Dismissed Against Client Charged With Soliciting A Prostitute During Work Hours
An apparently uninspired employee was hoping to add a little excitement to his lunch hour and solicited a prostitute on a company computer. Unfortunately for him, the computer was monitored and the target of his passion was an undercover police officer. The defendant's plans were quickly derailed when he appeared at the meeting place and was greeted with handcuffs and a cruiser ride to the local police station.
Our office became involved in the initial phases of the case and presented an in depth background of the defendant to the District Attorney's Office. After months of negotiation and advocating for our client the District Attorney's Office ultimately agreed to a general continuance. Provided the client does not get rearrested the case will be dismissed. The defendant did NOT have to admit to ANY facts and the case will be dismissed. This disposition minimizes the effect that this charge will have on any future employment and academic opportunities that the defendant will have.
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Case To Be Dismissed Against Defendant Charged With Sex For A Fee
An unsuspecting male agreed to meet an undercover Detective at a downtown hotel in response to an advertisement. According to the police report, the pair spoke on the phone and a meeting was arranged. When the male arrived at the location, he was arrested and charged with sex for a feeeven though there was no sexual contact or exchange of money. The police maintained that the alleged agreement of sex for payment supported the charge. Attorney McCarthy negotiated a general continuance with a dismissal provided the defendant pays court costs and does not get rearrested. The defendant did NOT have to admit to any facts and was NOT found guilty.
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Charge Of Failing To Register As A Sex Offender To Be Dismissed Over Objection Of The Commonwealth
The defendant was charged with failing to register as a sex offender. The defendant was charged after the defendant secured employment and unwittingly failed to register at his place of employment. The Commonwealth requested that the defendant receive a year in jail and be placed on lifetime community parole because of this one lapse in over a decade. Our office convinced the judge to continue the case for a period of time and if the defendant does not have any further difficulties to dismiss the case. Assuming the defendant continues on the straight and narrow path, the case will be dismissed.
Attorney McCarthy Successfully Achieves Dismissal Of Case Against Client Charged With Sex For A Fee
An undercover police officer approached a stopped vehicle. According to the police report, there was a discussion about oral sex being performed for a price. Before the unsuspecting defendant could get out of the car he was surrounded and charged with sex for a fee.
The District Attorney's Office recommended that the defendant, who had NO record, be found guilty and sentenced to a term of probation. Attorney McCarthy presented the defendant's impressive work history, commitment to family and community and the judge dismissed the case over the Commonwealth's objection.
Case To Be Dismissed Against Client Charged With Sex For A Fee
A local police department arrested a male who allegedly agreed to pay for sex. According to the police report, after the defendant and an undercover police detective engaged in discussions a signal was given to surrounding officers that the defendant had offered money for sex. Attorney McCarthy vigorously argued against having a conviction imposed for the crime of sex for a fee. After hearing arguments the Court agreed to continue the case for three months. As long as the defendant abides by certain conditions and does not get rearrested, the case will be dismissed. A conviction did not enter against the defendant.
Felony Count Of Open And Gross Lewdness To Be Dismissed
The defendant was charged with rubbing his penis while driving his car in a residential area. The Commonwealth indicated that there was a civilian witness to this behavior who called the police to report the crime. The police pulled the defendant over based on a description of the car and ultimately arrested the defendant, who was in the Boston area on a business trip.
Despite the fact that the defendant had a number of similar offenses in the past, Attorney McCarthy negotiated a disposition whereby the case will be dismissed against the defendant provided he satisfies certain conditions and does not get rearrested. This result prevented the defendant from having to register as a sex offender, which could have devastating effects both socially and legally.
Sexual Assault Charges Against Retired Businessman Nolle Prossed
The Commonwealth alleged that a sixty-six year old retired businessman improperly sexually assaulted his step granddaughter by touching her chest. Initially, the defendant was charged with indecent assault and battery on a child under fourteen. A conviction for this type of offense would result in the defendant having to register as a sex offender and a possibility of lifetime community parole.
Our office thoroughly investigated the allegations and the District Attorney's Office ultimately entered a nolle pros on so much of the complaint that alleged any sexual misconduct. Attorney McCarthy convinced the Judge to continue the assault and battery charge without a finding for a period of time. The case will ultimately be dismissed provided the defendant satisfies certain conditions.