Legal Question in Criminal Law in Massachusetts
Last evening my son (22) was arrested by the MBTA police for 'lewd & lusicious speech & behavior'. My sons story is that a man asked him if he wanted him to do something (he was in the bathroom at a T station) and he didn't answer and went into a stall but before he could lock the door the man came in and touched him and (he already had his penis out I think -- my son) and the cop came in kicked door in and said got anomoys tip and arrested both of them. Now when we go to Court tomorrow can this be dismissed if the Judge believes my son's story or will it go to a trial or what can I expect. He has never been in trouble, ever. Will the cop and the other guy also be there? Can he get a fine, a trial, a sentence??????
1 Answer from Attorneys
Tomorrow your son is going in to be arraigned on the charge. It is not up to the judge whether or not this case gets dismissed, but rather it is up to the Assistant District Attorney. Based on the facts and charge this is not something you want to plea out immediately. An experienced attorney will be able to better guide your son through the court process once she or he has read the police report (usually the reports tell a very different story based on the perspective of the arresting office, not actually the truth) and examined any and all evidence, including probing the DA's office for more information regarding the anonymous call. Having a charge of lewd and lascivious behavior on one's record may cause some trouble down the line if anyone were do records check. It is of the utmost importance that your son retain a lawyer to mitigate any damages.
Without seeing his existing record (if any), the facts and evidence it is hard to say what a possible disposition should be. A fine is possible, a sentence is possible and a trial may be necessary.
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