The investigation of a Massachusetts sex crime must begin immediately when an individual has notice that charges are being filed or about to be filed. In a Massachusetts sex charge, it is often necessary to hire an independent investigator to independently investigate the allegations to supplement or contradict the report made by the victim or police.

An investigation in a Massachusetts sex charge can involve the following different types of investigatory paths.

1. Hiring an investigator to speak to witnesses.


2. Obtain documents of the victim through the process of seeking court permission for a subpoena for medical records, school records, mental health records and or employment records. Obtaining records from third parties is a difficult and time consuming process. In many cases, it will require independent investigation to form the basis for filing a motion to seek production of third party records. The process of obtaining records from a third party, involve filing a motion under the case law of Commonwealth v. Lampron, 441 Mass. 265 (2004) and Commonwealth v. Dwyer, 448 Mass. 122 (2006).

These cases require a Boston criminal lawyer to make the following showing to obtain third party records:

1. That the documents are evidentiary and relevant;


2. That the documents, are not otherwise available in advance of trial.


3. That the attorney cannot properly prepare for trial without the records.

As a Boston sex crimes attorney, many cases evidence taken from third party records will raise important issues in the defense of a sex crime and will provide a theme for the defense of the case. If you have any questions about investigating of sex crimes in Massachusetts, please call (617) 694-6287 to discuss your case.