Geoffrey S. McInroy Criminal Law Blog

Recently I had a case involving a children and youth investigation of a child on child sexual assault allegation.  I was retained to protect the "perp" from criminal charges, but ended up defending against C&Y's founded, unfounded, or indicated determinations.  The problem is, defense counsel does not want to allow any interviews for obvious reasons and C&Y will "indicate" or "found" on the victim's say so alone.  Those 2... Read More

According to Com. v. Boich, 982 A.2d 102, defendants can successfully move to compel a rape victim to submit to an involuntary psychiatric exam on competency.  The Superior Court  held that in order to force a testifying victim into a psychiatric examination, the Defendant must first show a compelling need for the same in the motion and in a hearing on the motion.  A "compelling need" for the examination is one centered on competency (mental condition or instability),... Read More