No jail in subway forcible touching in Manhattan
Our client was arrested for allegedly forcibly touching a passenger in a crowded subway train. The arresting officer claimed to have recognized our client from past complaints about the same thing and speculated that there were other complaints filed about our client. After our client was arrested and released with forcible touching charges, PL 130.52, he came to see us for a case evaluation. We discussed different options and possibilities for getting his case resolved. Over the next few moths, we filed motions to suppress the evidence and our client’s confession, and we fought to get the charges dismissed or lowered. The prosecutor was pushing for a jail sentence. In the end, we were able to negotiate a deal that avoided jail, avoided probation, and avoided a sex-offender program. He had to plead guilty to a misdemeanor and perform community service.