Commonwealth v. John Doe – Plymouth Superior Court

CLIENT WAS FACING A MINIMUM-MANDATORY PRISON SENTENCE OF 5 YEARS ON AN INDICTMENT FOR SEX-TRAFFICKING BUT WALKS AWAY WITH A MISDEMEANOR CONVICTION, 2 YEARS OF PROBATION, AND NO SEX OFFENDER REGISTRATION.

Defendant was charged with Trafficking of a Person for Sexual Servitude pursuant to G.L. c. 265, §50(a), which carries a minimum-mandatory prison sentence of 5 years. Defendant posted an advertisement on Craig’s List expressing interest in meeting a woman for sex. An undercover responded to the advertisement and posed as a woman who was willing to engage in sex with him for money. They exchanged emails and text messages where the Defendant offered the undercover officer money in exchange for sex. The undercover instructed the Defendant to meet at an apartment complex for the exchange. When the Defendant arrived to the apartment complex, he was arrested. The Commonwealth indicted the Defendant and charged him in Superior Court with sex-trafficking. Attorney Patrick J. Noonan aggressively attacked the case by way of a Motion to Dismiss and a Motion to Suppress Evidence, which were unsuccessful. Because the Commonwealth was unwilling to reduce the sex-trafficking charge, Attorney Noonan prepared the case for trial, and was prepared to argue to the jury that the Defendant’s conduct amounted to the misdemeanor offense of sex-for-a-fee and his conduct did not constitute sex-trafficking. A final pretrial conference was scheduled in which the parties represented that they were ready for trial. Two-days before the trial, mindful that Attorney Noonan was ready, willing, and able to try the case, the Commonwealth offered to drop the sex-trafficking charge and have the Defendant pled guilty to the misdemeanor offense of sex-for-a-fee and give him probation for two years. Defendant accepted the deal. Sexual Conduct for a Fee (G.L. c. 272, §53A) is a misdemeanor offense, which does not carry any sex-offender registration requirements. Once the Defendant completes his probation, he is entitled to have this charge automatically sealed from his record.