Legal Question in Criminal Law in Massachusetts

Nothing Done Yet

My daughter (13 yrs. old), was walking from the store alone, since it is close by. A friend of her uncle approached her and made several sexual advances. Afraid, she ran home an told her mother about it, the police were notified, but when they arrived and filed a report, they also commented about possibly having her take a poligraph. A court date has been promptly set, but I want to know, why didn't the police arrest the perpetrator?, since they did go to his house and he refused to open the door for the police officers, although he did come out of his window to refuse to open. Each of us know their children, and I know my daughter, although willing to take the poligraph, I am not willing to put her through it, but want want what's just, rather than take matters into my own hands. Where the officers right in walking away from the scene, by only giving my daughter and her mother a citation, and not arresting the suspect?

Your assistance is greatly appreciated.

Thank you.


Asked on 6/02/03, 1:34 am

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Nothing Done Yet

It is discretionary. The police can either arrest or file for a criminal complaint and then send or serve notice to the defendant to appear for an arraignment. A polygraph request is inadmissable in court, and may suggest that the police's possible disbelief.

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Answered on 6/02/03, 3:09 pm


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