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LEWD & LASCIVIOUS CONDUCT; 5 YEAR OLD WARRANT -DISMISSED-

October 13, 2015

Malden District Court

Client’s husband contacted attorney from California.  Client only spoke Thai but had a pending case English was not as good as his Brazilian and he was in a hurry to take care of a very old case.  Wife informed attorney that in 2010 when client was new not only to the city of Malden but to the United States, he had been accused of and arrested for Lewd and Lascivious Conduct by a neighbor.  After a brief bail hearing, client was given a new court date and released on his own recognizance.   Client, who didn’t speak anyEnglish at that time hadn’t been given the benefit of an interpreter at the hearing.  He was simply given a slip of paper with his next court date.

One week later, when client failed to appear at his next court date, a warrant for his arrest issued.  Over five years later the warrant for his arrest remained.  But for the immigration proceedings he had commenced in 2015 he would have never known about the outstanding warrant.  His citizenship application was stopped short when the Federal background check revealed the open case.

With considerable efforts Attorney Martin was able to retrieve the ancient police report from the clerk’s office.  He conferred with the family as well as the District Attorney to set up a date and time for client to address the warrant and underlying case.  Client bought a plane ticket, flew to Boston, took a cab to the office and obtained a ride to court with attorney.

With numerous documents verifying the client’s story and his past, including a resume with notable work in Brazil, attorney was able to put a face on the case, humanizing the client who was previously just another guy with an open case who left town.  Attorney’s homework paid off and after conferencing the matter with the district attorney it was revealed that client had never been charged.  After careful consideration, the district attorney offered to dismiss the charges.  Client should be well on the way to full citizenship.

Dismissed Prior To Arraignment

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