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Written By: Matthew W. Peterson
Published: 02/01/2019
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On February 1, 2019, the Law Office of Matthew W. Peterson successfully achieved the dismissal of Rape 1st degree charges against a client who faced the possibility of life imprisonment. The dismissal was based on the Court’s determination that it lacked jurisdiction over the case.
The incident in question occurred in 1989 when our client was just 17 years old, which placed him under the exclusive jurisdiction of juvenile court. Due to a legislative gap at that time, he was not subject to prosecution in either juvenile or adult criminal courts.
Although DNA evidence linked our client to the crime involving a three-year-old victim, the victim had identified another individual as the perpetrator. Additionally, police reports raised doubts about the victim’s recollection of the event, suggesting that any knowledge might have been influenced by family discussions rather than personal memory.
The Court concurred with our legal arguments and dismissed the Rape 1st degree charges due to jurisdictional issues. We extend our best wishes to our client for his future endeavors.
Located in Boston, Massachusetts, the Law Office of Matthew W. Peterson provides comprehensive criminal defense services across all Massachusetts courts. If you require assistance from a dedicated criminal defense attorney in Boston MA, please reach out at (617) 295-7500.
Disclaimer: Results vary by case; past outcomes do not guarantee future results. Consult a qualified Boston criminal defense attorney for advice tailored to your specific situation.
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On February 1, 2019, the Law Office of Matthew W. Peterson got Rape 1st charges DISMISSED against our client. If convicted, our client was facing up to life in prison.
The case was dismissed because the Court had no jurisdiction over our client. When the incident happened in 1989, our client was 17 years old, meaning juvenile court had exclusive jurisdiction over him. Because of a gap in the law at the time, our client was not subject to prosecution by the juvenile court or the adult criminal court.
DNA evidence connected our client to the rape of the three-year-old victim, but the victim at the time pointed to a different person as the culprit. Furthermore, it was not clear according to the police reports whether the victim actually remembered the incident or learned about it from family.
The Court agreed with our legal analysis and DISMISSED the case because it lacked jurisdiction.
We wish our client luck in the future.
My office is located in Boston, Massachusetts, but I practice criminal law in all Massachusetts courts. Call me today at (617) 295-7500 if you need a criminal defense attorney in Massachusetts.
DISCLAIMER: Please keep in mind that the results we obtained are case-dependent, and we may not be able to secure the same result for you. Please discuss your case with a qualified criminal defense attorney to find out the applicable law for your situation.
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