RELEASED: SEPTEMBER 21, 2011
RALEIGH, NC –Marcilliat & Mills PLLC defended a juvenile recently against sexual battery charges. The case was complicated and required aggressive criminal defense arguments on behalf of the accused client, but the juvenile court judge dismissed all charges against the juvenile.
The case began with a girl claiming that she was sexually assaulted and touched inappropriately by three boys on a school bus. One of the boys, Mr. Kevin‘ client, was charged with juvenile sexual offenses for his alleged role in the assault. Mr. Kevin took the case to trial to argue that there wasn’t enough evidence against his client to support the sexual battery charge.
According to Mr. Kevin, the case was complicated by the presence of two co-defendants who admitted to engaging in some aspects of the sexual battery. The two boys testified at trial that Mr. kevin‘ client touched the girl inappropriately. They also testified that his client engaged in other forms of sexual harassment on the school bus.
In arguing on behalf of his client, Mr. Kevin contended that the evidence was insufficient to support the sexual battery charge. Mr. Kevin demonstrated that the stories of the two boys differed significantly from the story being told by the female accuser. The accuser’s story had discrepancies when compared to each boy’s account, including irreconcilable differences in the reported sequence of events. In addition, when the accuser reported the matter to law enforcement, she failed to mention that she had dated Mr. Kevin‘ client and that he had ended the relationship several weeks before she accused him of the sexual assault.
Despite the damaging testimony of the two boys who had already admitted to the sexual assault, the Johnston County judge agreed with Mr. Kevin‘ arguments and dismissed all charges against his client. Mr. Kevin believes that understanding all the details of his client’s case was critical to his success. Thorough knowledge of the facts allowed Mr. Kevin to demonstrate the flaws in the prosecution’s case.
DISCLAIMER: The cases, facts and outcomes discussed in this press release are illustrative of the matters handled by the firm. Actual case results depend on a variety of factors unique to each case. Not all of the firm’s case results are included on this site. The outcome of a particular case cannot be predicated upon a lawyer’s or law firm’s past result because prior results do not guarantee a similar outcome.
The team of defense attorneys at Marcilliat & Mills PLLC, defend against sex crime charges, DWI charges and abuse charges, among other criminal charges in Raleigh and throughout North Carolina. Please contact the law firm or call 919-838-6643 for a free consultation. Marcilliat & Mills PLLC can also be followed on Facebook at facebook.com/nc.criminal.defense.
North Carolina v. J.S.
Accusation: Indecent Exposure
Potentially Facing: 30 days in Jail
Result: Case Dismissed
Marcilliat & Mills PLLC acted quickly, meeting with the DA’s office to mitigate on behalf of their client, who had no prior criminal history. The Defendant had cooperated fully with the officer. At defense counsel’s prompting, the ADA spoke with his Law Enforcement Officers and determined that Defendant had been through enough already. Dismissed on the first court date.