Rape Indictment In Albany Ends With Non-Criminal Violation

March 9, 2020

Our client, a Senior at the University of Albany, was arrested, charge and Indicted for Rape by force and other related charges. There is no question that such allegations are serious and taken seriously by this office. However, such allegations are not always true. This was that case! From the beginning of this prosecution in 2019, Mr. Greenberg’s Client, upon Mr. Greenberg’s advice, turned down all plea offers and was determined to take this matter to a Jury. After reviewing all the evidence, including a “controlled phone call”, it was the defense position, as the Client said, that this was a consensual sexual encounter between the parties. Indeed, a close scrutiny of a one-hour long phone call found, in Mr. Greenberg’s opinion, that certain phrases used by the Complainant, when put in context, indicated consent. At the final pre-trial conference held one week before the Trial was to commence, with the Judge and the Albany District Attorney, Mr. Greenberg convinced the District Attorney that the Complainant’s credibility was highly questionable. The District Attorney decided not to proceed to Trial with the case and offered a Violation instead of a Crime. Mr. Greenberg advised that it would be prudent to end the case with a guilty plea to Harassment, a Violation and not a Crime, instead of risking a Jury Trial. On March 9th, 2020, the parties appeared in Albany County wherein the case resolved with a non-criminal disposition. Of note, the Albany County Judge stated, on the record, regarding Mr. Greenberg, that “…I think your attorney has done an excellent job advocating for you…” If you have been charged with a sexual offense contact Criminal Defense Attorney Todd Greenberg at (718) 268-0400 or visit us at www.Queenslaw.com.