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1st Degree Criminal Sexual Conduct Charges Stopped
In this case our client was being investigated for CSC 1st Degree. 25 year minimum. Shortly after being contacted by local detective regarding the allegations, this client retained Barone Defense Firm partner Michael Boyle. Previously, our client had already scheduled a polygraph with law enforcement, but he wanted to be sure he was protected and was doing the right thing by agreeing to the polygraph.
The complainant in this case was an underage minor as well as the daughter of family friend. Shortly after being retained, Mr. Boyle called the Detective and immediately cancelled the scheduled polygraph (see below). Thereafter, he began his own investigation. This investigation started with Mr. Boyle meticulously reviewing, with the client, the transcript from a police interview that the client had previously given before retaining the Barone Defense Firm. Mr. Boyle also researched and investigated the child who was making the allegations. Mr. Boyle also visited and photographed the scene where the alleged criminal sexual act had taken place. Finally, Mr. Boyle extensively interviewed potential witnesses.
Armed with all of the evidence collected during this thorough investigation, Mr. Boyle then had multiple conversations with the lead detective, and also reached out to the County Prosecutor's Office. After extensive discussions and negotiations, Mr. Boyle was able to successfully persuade the County prosecutor not authorize any charges.
As a result, no polygraph was conducted, and no charges were ever brought against this client. This despite the fact that child initially seemed credible to the police who were proceeding as if a crime had actually occurred. Our client was overjoyed with the news that he would not be prosecuted.
Polygraph Examinations: Regarding polygraphs, it is well known among defense attorneys that law enforcement often use the polygraph procedure as a way to encourage either a full confession or to collect additional information they can use to make their case better, stronger and more complete. At the Barone Defense Firm it is generally our opinion that a person accused of a crime should never agree to submit to a polygraph without first speaking with a lawyer. Even where, as here, we believe that the client is fully innocent, a polygraph can nevertheless result in charges being brought, even when there was insufficient evidence before the polygraph is conducted.