MTV's "America's Best Dance Crew" is getting attention it doesn't want. A former judge and hip hop choreographer, Melvin Shane Sparks, aged 41, will be going to trial on eight counts of sex crimes, stemming from his arrest last December. After posting $590,000.00 bail, he was released. The arrest was a result of alleged oral copulation and lewd acts with an underage girl, which allegedly occurred over a three-year period ending in the spring of 1997. He will be arraigned on November 15, 2010.

Here is what happened in this situation. It can be reasonably inferred that a Motion to Dismiss the Indictment was filed by the defense counsel and the Court denied the motion. The Judge is basically saying that based on all the evidence presented to the Court thus far, there is enough to of it to have the matter proceed to trial, to be evaluated in that forum. Evidence may take the form of sworn testimony of the victim, witnesses or those who had first hand knowledge of events, in addition to physical evidence.

The Court is not indicating that the defendant is guilty. The Judge, and therefore, the Court, is simply stating that based on all the evidence gathered, the case may be permitted to proceed to a jury who may make the determination of guilt. The jury will have a much higher standard than the prosecutor needs to prove the case beyond a reasonable doubt. The Judge did not view the evidence by that standard, but rather, as dictated by Court rules, a much more broad standard. The judge must have determined in this case that a jury could reasonably find the defendant guilty of the crimes charged against him.

At any rate, both prosecution and defense attorneys have a challenging case ahead of them, due to the time that has passed, the sensitive nature of the charges, the fact that the alleged perpetrator or defendant is so much older than the alleged victim (the conduct did not occur between two teenagers, for example), and the quasi-pseudo-celebrity of the defendant. An individual in any sort of situation involving such sensitive allegations should contact an attorney immediately, in order to determine the legal strategy that most thoroughly protects his or her rights and interests.