Adjournment in Contemplation of Dismissal for Client Charged with 1st Degree Rape

Prior results do not guarantee a similar outcome.

Attorney Larkin Ingrassia & Tepermayster, LLP recently achieved an outstanding outcome for his client who was charged with Rape in the 1st Degree, Sexual Abuse in the 1st Degree and Harassment in the 2nd Degree. The most serious charge of Rape in the 1st Degree carries a maximum penalty of twenty five (25) years in State Prison. In addition, a conviction on any one of the charges would result in the deportation of client to his home country despite residing in the United States for more than ten(10) years with his wife and three young children. An initial review of the evidence seemed to support the allegations as there was a detailed deposition by the victim along with a statement from the accused admitting to incriminating facts. As all the attorneys at Larkin, Ingrassia and Tepermayster (LIT) do, Larkin, Ingrassia & Tepermayster, LLP reviewed and analyzed all the evidence in great detail. The analysis required hiring a certified translator as English was not the primary language of the alleged victim and our client. As a result, Larkin, Ingrassia & Tepermayster, LLP learned that the law enforcement translation of the statements of the alleged victim and our client was not entirely accurate. He then utilized LIT’s own investigative team to secure an accurate statement from the alleged victim which revealed the individual was not a victim of any of the allegations against our client. All additional information was presented to the District Attorney’s office for their review. As a result, the District Attorney asked the Court to grant an Adjournment in Contemplation of Dismissal, commonly referred to as an ACD. The ACD will lead to an ultimate dismissal of all charges against our client and making his arrest and prosecution a legal nullity.