The Barone Defense Firm recently achieved a critical result for a client facing First-Degree and Second-Degree Criminal Sexual Conduct (CSC) charges, which carry potential penalties ranging from 15 years to life in prison. Through persistent advocacy and comprehensive investigation, all serious felony charges were dismissed before the preliminary examination.
Early Intervention and Pre-Charge DefenseOur firm was initially retained by the client seeking pre-charge representation after hearing troubling rumors within extended family circles suggesting possible allegations involving a family friend. During that early phase, Attorney Mike Boyle, Partner and Senior Trial Attorney, conducted a preliminary investigation that resulted in no criminal charges being filed and the denial of a requested Personal Protection Order (PPO).
Unfortunately, several months later the matter was reopened by a new detective. Despite the earlier findings, the client was formally charged with Criminal Sexual Conduct in the First and Second Degrees.
When formal charges were issued, Mr. Boyle was retained again to lead the defense. Although the defense immediately coordinated with the court and the prosecutor’s office, officers proceeded with executing the arrest warrant. Mr. Boyle promptly arranged for an expedited arraignment and successfully argued for a personal recognizance bond, an uncommon outcome in cases involving such serious allegations, where substantial monetary bonds are typically imposed.
Building an Impenetrable CSC Defense StrategyBecause we had represented the client during the pre-charge stage, our team already possessed a detailed understanding of both the client and the minor complainant. Once formal discovery was produced, it became essential to build upon that foundation and analyze each specific allegation in depth.
1. Reconstructing the TimelineThe first step was reconstructing a precise timeline. Working closely with the client and family members, we compiled a comprehensive chronology using:
The resulting timeline revealed compelling evidence demonstrating the impossibility of the allegations as stated, a critical element in establishing that the claims were fabricated.
2. Medical and Credibility ChallengesNext, we conducted a detailed review of the complainant’s medical and psychological records, focusing on:
These factors became central to challenging the credibility and reliability of the accusations. We also coordinated multiple independent polygraph examinations, administered by separate examiners. While polygraph results are not admissible in court, they can be influential in negotiations. The results, supportive of the client’s innocence, were provided to the prosecution.
Achieving Full Dismissal: Nolle ProsequiAlthough a preliminary examination was scheduled, it was repeatedly adjourned as our investigation continued to uncover additional information undermining the allegations and revealing clear motives behind them.
Mr. Boyle held several in-person meetings with the assigned prosecutor, presenting the defense evidence systematically:
After months of litigation, evidence review, and ongoing dialogue with defense counsel, the prosecution ultimately agreed that the First and Second Degree CSC charges could not be sustained. Before the preliminary examination, the prosecutor issued a Nolle Prosequi, formally dismissing all charges.
Result: Felony CSC Charges DismissedThis case highlights the critical importance of early intervention, thorough investigation, and persistent advocacy when defending against severe Criminal Sexual Conduct allegations. By challenging the allegations at every stage and presenting a complete picture grounded in facts, we were able to secure the best possible outcome for our client: full dismissal of all charges.