Legal Question in Criminal Law in Massachusetts

indecent assualt and battery of a child under 14

My boyfriend is in jail in Iowa for a warrant out of Massachusetts the charge is ''indecent assault and battery on a child under 14''. The crime is 14 years old. Plus he has already been tried convicted and sentenced for this crime and put on probation and then fled the state. Does double jeopardy apply here? He was also only 17 when the crime occurred does that help his case any plus the law never contacted his legal guardian for this. Is any statute of limitations that may apply here? Is there an actual case here for either side? Once he is in Massachusetts will the charges change back to a probation violation? Is this a probation violation only because he skips the state while he was on it?


Asked on 10/15/05, 2:29 am

2 Answers from Attorneys
Robert Luedeman solo practitioner

Re: indecent assualt and battery of a child under 14

I concur with my colleague from Massachusetts. He was tried and convicted, and he's violated probation and fled the jurisdiction.

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Answered on 10/16/05, 10:34 am
Alan Pransky Law Office of Alan J. Pransky

Re: indecent assualt and battery of a child under 14

There is no statute of limitations. A probation violation is under the original crime. He has already been convicted so there is no double jeopardy. At age 17, he was treated as an adult and did not need the presence of a guardian. He must return to Massachusetts and face the results of his conviction and violation of probation.

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Answered on 10/15/05, 9:32 am


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