Case dismissed for non-citizen client charged for forcible touching (Manhattan)

Our client, not a US citizen, was arrested for allegedly touching the sexual or intimate parts of another person inside a crowded subway train in Manhattan. Our client was arrested and charged with forcible touching, PL 130.52 and faced up to a year in jail, a permanent criminal record for a sex crime, and immigration consequences. When we met for the initial consultation, we discussed the situation and options going forward. In our client’s case, as in many others charged with sex crimes, there wasn’t any video surveillance, and no defense-friendly witnesses readily available. Fortunately, we identified several strategies and defenses that we predicted would put our client in a good position, under the circumstances. After several months of litigating in court, we noticed that the prosecutor made a significant procedural error and we filed a successful motion to dismiss. The case was dismissed, no jail, no criminal record, no sex offender program or registration.