He was out drinking and sat down on a bench next to a girl and some guys she was with. Everyone was out of it (he was drunk and blacked out). Witnesses said he had his arm around her and touched her breasts and crotch (she was wearing jeans). She was taken by ambulance to the hospital because the witnesses felt she needed medical attention. He does not remember doing what they said because he blacked out. He goes before the municipal court on Tuesday (it's Saturday) and we need help.
Not sure if this helps but this is his first offense. He himself was drunk to the point of blacking out and does not remember what happened. Is gainfully employed, is not a flight risk, has a family with 2 small children. I do not have more details. Need to know what to expect. Could there be the chance of being sentenced to probation or is jail time probable. Will he be given the opportunity of having a public defender. Thank you.
Elder Law Attorney
Do not post details about this matter here or anywhere else. It's entirely possible that the police or prosecutors are reading this post. The less you and your boyfriend talk about this case with anyone or to each other, the better for your boyfriend. Remember, you are a potential witness to anything he says.
There are few attorneys who do pro bono criminal law at the trial level because of the system for appointing attorneys for criminal defendants. If your boyfriend meets financial guidelines, he will be appointed an attorney on Tuesday. Depending on his income and assets, the court may order him to pay some of the costs.
E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.
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Criminal Defense Attorney
Worst case scenario he goes to state prison for a maximum of 5 years, or to a house of correction for a maximum of 2 1/2 years. If he has no record he probably won't get incarcerated time, but he could. Nothing in the law says you can't go to jail on your first offense. But it usually does not happen that way.
Attorney Golden is correct. If he meets the financial guidelines he will be appointed an attorney. And definitely stop talking about his case in detail on this or any other website.
Attorney Lauren Craig Redmond ~ 617.953.6116 ~ No attorney/client relationship is established or implied by any email or phone conversation.