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.