Massachusetts Attorneys, Sex Offenders and The Courts
Posted by Joseph Doherty on Tue, May 03, 2011 @ 07:54 AM
As an attorney it goes without saying that you want the best for your client. He has been accused of a sex offense, Indecent Assault and Battery on an adult. He denies it. You're fearful of what could 
happen if the case goes before a jury or a judge. The Assistant District Attorney prosecuting the case is open to plea bargain - several years probation, a sex offender evaluation and treatment. This is much better than you thought you'd be able to get. You can probably convince your client this is a good deal - but should he take it?
There are several things you and he should know. Taking such a deal will mean the client will be on the Sex Offender Registry, probably for 20 years. Neither you nor he know what his classification will be. If it's a Level 3 this will have serious consequences for him - his crime will be posted on the Internet, he may have employment and housing issues as a result and he may have to wear a GPS.
The sex offender evaluation may be another issue in that it may be accessible by the Sex Offender Registry Board. This may be a non-issue if he is considered a low-risk. But neither you nor he know that this will be the case.
Treatment over incarceration is certainly the better of the two options. But most treatment programs require that the offender acknowledge his offense. Is he willingly to do this? If not he may run the risk of being terminated from the treatment program and being referred back to the Court for non-compliance. If that occurs he could be incarcerated.
These are considerations both you and he should talk about before accepting any plea arrangment.
Photo Credit: Philip Larson
