Criminal Defense Stories

The American Civil Liberties Union wants to remove SOR, saying the registry doesn’t work. Right now, there are two cases out of Michigan, including a class action lawsuit, claiming several parts of the registry are unconstitutional. In August 2016, the federal court of appeals held that Michigan’s registry is unconstitutional. Attorney for the ACLU in Michigan, Atty. Aukerman, said. Aukerman represents hundreds of convicted sex offenders fighting the public registry and some of the sex offender restrictions imposed by the state. That suit is in response to the state of Michigan not coming into compliance with the Court of Appeals decision. The Michigan sex offender registry act was initially created in 1994 as a database for law enforcement. Since then, there have been major changes. In 1999, the registry was posted on the internet. In 2004, pictures were added. In 2006, living and working restrictions were imposed, keeping offenders at least 100 feet from schools. In 2011, a tier sys...

The Michigan Sex Offender Registry lists information about people convicted of sexually based crimes. The Sex Offenders Registration Act is used to determine when someone must be placed on the Sex Offender Registry. The Act also explains when someone’s name can be removed from the Sex Offender Registry. Michigansex offender registry act was created to give the public information about convicted sex offenders. People should not use this information to harass or harm anyone listed on the SORA. Michigan State Police  maintains and updates the list. The SORA will list this information about people on the registry: Name Date of birth Registration number Photo Registration details, such as the registration time frame and last verification date Physical characteristics including scars, marks, tattoos Known aliases Offense information Address Vehicle information It may seem unfair to you that your personal information is made public because of your conviction. You may feel that you were un...

Many times, the sex offense charges are based on the allegations or testimony of the alleged victim. In these cases, the defense can use a variety of tactics to show that the defendant is an upstanding citizen with a history of good behavior.   Whether you have been falsely accused of a crime you did not commit, or you made a serious mistake in your life, you need a person who will be in your corner from start to finish. Your attorney will understand the serious nature of a sex crime, and will do everything in his or her power to minimize the consequences you will face. While your defense will depend on the crime and the circumstances surrounding the crime, below you will read about some of the common CSC defenses used in allegations of a sexual crime.   Strategies for Those Accused of Sex Offenses Some of the evidence that can be used to show good character, or that it is unlikely that the defendant committed the alleged offense includes: Lack of criminal record Results of a...

 Being convicted of a sex crime can come with very harsh penalties that can include up to life in prison as well as hefty fines. A conviction can also have long-lasting ramifications even after you complete your sentence. You will have a permanent criminal record and may have to register as a sex offender, sometimes for life. There is also a social stigma associated with being found guilty of a sex crime, which may affect your professional and personal relationships. Fortunately, you may be able to avoid some of these consequences by hiring an experienced sex crimes defense lawyer who can identify strategies to fight the charges you face. Even if you believe that you committed the crime, mounting a vigorous CSC defenses may result in your charges being dismissed or reduced to a less serious offense. In some sex crime cases, the accuser’s motives or credibility are very important to the strength of the state’s case. If the accuser has a history of making accusations against the def...

 Under the law, there are four degrees of CSC and they cover a range of sexual contact and levels of force or intimidation. This post is intended to simplify the difference between the 1st, 2nd, 3rd, and 4th Degree CSC charges.  The first step is to determine if the allegation involves penetration. Penetration includes sexual intercourse, anal intercourse, oral sex, or intrusion of any other body part or object into genital or anal openings. If the allegation includes penetration, it will into the category of 1st degree criminal sexual conduct or 3rd degree criminal sexual conduct.     First Degree Criminal Sexual Conduct   The 1st degree CSC penalty is can be sentenced up to life in prison and face a minimal sentence of at least 25 years. A person will also have to deal with mandatory lifetime electronic monitoring. Here is the list of facts needed for a prosecutor to charge a defendant with criminal sexual conduct in the 1st degree: The victim is under the age...

Registering as a sex offender can have a significant impact on one's personal and professional life. Relationships with family members can be greatly strained. Getting a job can be difficult when a background check is required. Even renting an apartment can be difficult. This is in addition to the criminal penalties associated with a sex crime conviction, including fines and prison time. Individuals who have been convicted of a sex crime are required to register as a sex offender in Michigan Sex Offender Registration . The period of registration lasts a minimum of 25 years, and under certain circumstances, for life. A registered sex offender is required to register his or her address with law enforcement and update that information whenever he or she moves. Sex Offenders Different Tiers  Sex offenders in the registry are categorized into three tiers based on the seriousness of the offense. The registration requirements differ slightly for each tier. A skilled criminal defense attor...

The Michigan Sex Offender Registration  is a lists of information about people convicted of sexually based crimes. The Sex Offenders Registration Act is used to determine when someone must be placed on the Sex Offender Registry. The Act also explains when someone’s name can be removed from the Sex Offender Registry.   Michigan SORA was created to give the public information about convicted sex offenders. People should not use this information to harass or harm anyone listed on the SORA. Michigan State Police  maintains and updates the list. The SORA will list this information about people on the registry: Name Date of birth Registration number Photo Registration details, such as the registration time frame and last verification date Physical characteristics including scars, marks, tattoos Known aliases Offense information Address Vehicle information It may seem unfair to you that your personal information is made public because of your conviction. You may feel that you we...

Consent is an agreement between participants to engage in sexual activity. Consent should be clearly and freely communicated. A verbal and affirmative expression of consent can help both you and your partner to understand and respect each other’s boundaries. Consent cannot be given by individuals who are underage, intoxicated or incapacitated by drugs or alcohol, or asleep or unconscious. If someone agrees to an activity under pressure of intimidation or threat, that isn’t considered consent because it was not given freely.  Non-consensual sex means any sexual penetration without consent and/or by force, or trying to do the same. Examples: Rape Unwanted oral sex This article is all about Consensual and Non-Consensual Sex . Giving your consent and getting your partner’s consent may feel a bit awkward but ultimately sex is about communication and can and should be a positive and pleasurable experience. Any sexual contact without consent is wrong and illegal whatever the age of the pe...

Sexual consent is an agreement to participate in a sexual activity. Before being sexual with someone, you need to know if they want to be sexual with you too. It’s also important to be honest with your partner about what you want and don’t want. Consenting and asking for consent are all about setting your personal boundaries and respecting those of your partner — and checking in if things aren’t clear. Both people must agree to sex — every single time — for it to be consensual. Without consent, sexual activity is sexual assault or rape, this is the Consensual and Non-Consensual difference . An offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation:  Sex Offenses, Forcible means any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent. Forcible Rape means the carnal knowledge of a person, forcibly and/or ag...