1990 Juvenile felony vacated

nstassel

NES Member
Joined
Jan 20, 2015
Messages
6,047
Likes
21,262
Location
Middlesex County
Feedback: 28 / 0 / 0
A client with a juvenile delinquency from 1990 got a new lease on life today! I'm so happy for the guy. He was in a super messed up home with a bunch of step siblings, a dad abusing everyone physically, an older step brother showing everyone porno...the works. He ran away and when questioned by the police he told on the dad beating him up. That opened a can of worms that eventually got him charged with a nasty crime. He was summonsed into juvenile court and was given a brand new inexperienced lawyer who immediately pleaded him to the felony with a DYS commitment suspended. No investigation into the family or dad, no request for discovery, zip nada. The DA that handled the case is now a judge and his lawyer is a french teacher in public school.

He got his life together, never got in trouble again, and even got an FID which was revoked because of this case several years ago. We've been working on this since then, trying to rebuild the file and track people down. Even getting his own police reports required a court order. Finally he got some justice. Now we have to see what the DA will do with a 1990 case...
 
A client with a juvenile delinquency from 1990 got a new lease on life today! I'm so happy for the guy. He was in a super messed up home with a bunch of step siblings, a dad abusing everyone physically, an older step brother showing everyone porno...the works. He ran away and when questioned by the police he told on the dad beating him up. That opened a can of worms that eventually got him charged with a nasty crime. He was summonsed into juvenile court and was given a brand new inexperienced lawyer who immediately pleaded him to the felony with a DYS commitment suspended. No investigation into the family or dad, no request for discovery, zip nada. The DA that handled the case is now a judge and his lawyer is a french teacher in public school.

He got his life together, never got in trouble again, and even got an FID which was revoked because of this case several years ago. We've been working on this since then, trying to rebuild the file and track people down. Even getting his own police reports required a court order. Finally he got some justice. Now we have to see what the DA will do with a 1990 case...
Great job!!!!!!
 
Wouldn’t you also need to find a judge that is willing to hear the case if the DA agrees to it?
 
So the felony got vacated or it depends on what the DA will do?

Either way, great job on helping someone regain their rights.
So now the DA has to decide if they want to still prosecute the case again or appeal. But the whole landscape has changed in juvenile cases and the investigation was totally flawed by today's laws. For example the stepsisters were interviewed together at the same time so they heard what the other was saying. That's going to taint all the evidence.
 
Atty Tassel writes "A client with a juvenile delinquency". MA has an interesting way of dealing with delinquency records - if the alleged conduct that got the subject rule delinquent, it is a felony if the behavior causing the finding was a felony, even though it was not charged as such.
 
Back
Top Bottom