The Salem News reported today that Christian Clemons of Salem, Massachusetts has been charged with Indecent Assault and Battery in the Salem District Court. The report alleges that Clemons was at a friends’ home watching a movie. With the exception of Clemons everyone at the apartment are girls. The girls fell asleep. One of them awakened to find Clemons fondling her. Clemons has been charged with three counts of Indecent Assault and Battery to which he has pleaded not guilty. The defendant was previously charged with a theft related crime from a pet store. As a result, the bail on that case has been revoked and Clemons is going to be held for at least sixty days.
Revocation of Bail in Massachusetts
Under Massachusetts General Laws Chapter 276 §58 if a person is admitted to bail for a particular offense he receives a warning that his bail can be revoked if he is charged with another crime during the pendency of his release. This is known as a bail warning and it is indicated on the docket sheets of the case on which bail is imposed. If a person does in fact get charged with another offense while on bail and a judge finds probable cause to believe that he has committed the offense charged then the judge has to make a determination of whether or not to release that person. Many factors play into that decision including the person’s prior record, the nature of the offenses with which he has been charged, drug usage, mental health considerations and more. If the judge finds necessary, he or she can then revoke the existing order of bail for up to sixty days. This is what happened to Clemons in this case. The judge decided, based on factors most of which likely were not mentioned in this article, that Clemons posed a danger to the community and that a revocation of his existing bail was in order.
Indecent Assault and Battery, Salem, Massachusetts
Here is what makes no sense about the new charge. Someone complained that Clemons somehow committed an indecent assault and battery on her. This was done while she was sleeping. The other girls were sleeping as well. There is not report of any screaming when the girl awakened to the assault nor is there any indication that someone witnessed the account. There is no suggestion that the police were called at three in the morning when the alleged assault occurred. There is an awful lot missing that could shed some light on the significance of these allegations. A Massachusetts Criminal Lawyer would want to know the following. Who saw what? What time were the police called? When did the alleged incident occur? What evidence other than the complainant’s words support this allegation?
The Law Offices of Stephen Neyman is a criminal defense law firm based in Boston, Massachusetts. We have satellite offices and are available to meet and discuss your case at any time. Call us now at 617-263-6800 or contact us online. If you hesitate you risk availing yourself of potential defenses. Act now and hire a Massachusetts Criminal Defense Lawyer.