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 617-356-8217 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.