Criminal Defense Stories

 Mandatory reporting law establish a legally enforceable duty for those who have contact with vulnerable populations to report to state and local authorities when mistreatment or abuse of those populations is suspected or confirmed. While these laws, and the populations they cover, vary by state, they generally include children, the disabled, and the elderly. Some states also assign this reportable duty to abuse between intimate partners. These laws typically cover neglect, as well as physical, sexual, emotional, and financial abuse.       While those individuals mandated to report also vary by state, they generally include childcare providers, clergy, coaches, counselors, healthcare providers, law enforcement, principals, and teachers. In addition to their obligation to report mistreatment of vulnerable patients, healthcare professionals are also required to report certain infectious diseases deemed to be public health hazards to state and local authorities. U...

 A rape shield law is a law that limits the ability to introduce evidence or cross-examine rape complainants about their past sexual behaviour. The term also refers to a law that prohibits the publication of the identity of an alleged rape victim. The first rape shield law was passed in the U.S. state of Michigan in 1974, and within two decades almost every U.S. state had enacted one. Although the laws were popular in the United States, they also drew critics, who sometimes charged that the laws violated a defendant’s Sixth Amendment right to confront his accuser. In the United States, some opponents claimed that such laws were too onerous for the defense and violated civil liberties, such as the freedom of speech. Rape shield laws may apply to both federal and state criminal and civil rape cases except in limited circumstances, such as when the consent of the accuser can be shown or when there is a shared history between the accuser and the accused. The defense may also be requir...

 When you’re convicted of a sex offense in Michigan, one of the consequences is that you may be required to register as sex offender. Depending on the circumstances of your conviction, this designation can follow you for years — or even for life. Sex Offender Registry collects the names, photographs, addresses, job information, vehicle information, and other details about convicted sex offenders living in Michigan. As of August 2015, there were nearly 42,000 registered sex offenders in the database, according to the Michigan State Police. The length of time and the frequency that someone has to register depends on the type of offense that they were convicted of.   If you’ve ever looked at the Michigan Sex Offender Registry, or researched someone who is listed as a sex offender, you probably noticed the ‘tier’ classification system. Tier I Sex Offender In Michigan:   Indecent exposure with self fondling in front of a child Possession of child sexually abusive material (chi...

The term "sex offender" refers to any person convicted of Rape, Rape of a Child, Child Molestation, Sexual Misconduct with a Minor, Sexual Violation of Human Remains, Incest, Communication with a Minor for Immoral Purposes, a Felony with a finding of sexual motivation, or a Federal out-of-state conviction that, under the State Law, would be classified as a felony sex offense. There are three tiers of sex offenses, and the penalties for a sex offense conviction depend on the type and level of offense. Keep in mind, though, that a conviction is not a foregone conclusion in these cases. If you have been accused of a sex crime, your case should be scrutinized for any false allegations, as well as for any violations of your rights before, during or after your arrest. What Is A Tier 3 Sex Offender ? Tier 3 is the most serious category of sex offende. Defendants get classified as Tier 3 following convictions of violent sex crimes, non-parental kidnapping, and serious crimes against ...

The Sex Offender Registration Act (SORA), which is Michigan’s sex offender registry law, requires people convicted of certain sex crimes to register as a sex offender. Some registered sex offenders fall into Tier 2, which is the middle of a three-tier system in terms of the severity of the convicted offense. What is a Tier 2 Sex Offender ? Tier II is the second most serious class of sex offenders. State law requires Tier II offenders to register for 25 years and to personally check in with police once every 180 days. Defendants are assigned Tier II status after being convicted of certain crimes against children, such as: child abuse involving sexual abuse or sexual exploitation of a child at least 13 years old; sex trafficking child pornography Failing to register as a sex offender is a felony, carrying as much as four additional years in prison. Furthermore, Tier 2 offenders are never eligible to get off the Sex Offender Registry early. Registered sex offenders are required to provide...

 Sex crime charges are very different from most other types of criminal charges, in that even if unfounded and unproven, they can result in a stigma that follows you for the rest of your life. While there is little that can be done about courts of public opinion and social media juries, avoiding the harsh legal penalties that often follow a conviction for such charges must be achieved. Below, the potential consequences of a sex crime conviction are discussed. It is essential to work with a defense attorney who focuses on sex crime charges to ensure that you have the best possible chance of obtaining an acquittal. If you are convicted of some of more stringent sex offenses, you will be facing: A jail sentence measured in years and thousands of dollars in fines A criminal record that may interfere with accepting a job or  finding housing Court-ordered victim restitution Summary probation, formal probation or parole Lifetime registration on the sexual offenders list kept by the ...

 The Adam Walsh Act, which was signed into law by President George W. Bush in 2006, set the standard for classifying sexual offenses across the country. Sexual offenses are classified according to: The crime committed The age of the people involved Whether the convicted sex offender is likely to re-offend While states were not required to follow the federal classification system, they were encouraged to do so. Like the federal law, the Michigan Sex Offender Registry divides sex offenders according to different categories, or tiers, based on the crime committed and how long they are required to remain on the Michigan sex offender list. What is a Tier 1 Sex Offender Tier I offenses are listed in MCL 28.722(s), and include all of the following offenses: Knowing possession of child sexually abusive material under MCL 750.145c Aggravated indecent exposure which is indecent exposure involving fondling under MCL 750.355a(2)(b) Unlawful imprisonment if the other person is a minor under MCL...

 One of the biggest problems a registered sex offender faces is knowing whether or not you are able to visit another country or states inside U.S - whether it be for work, vacation or making a permanent move. How Can Sex Offender Travel? There are many registered sex offenders that travel frequently and have not had any problems in the countries they have visited, however there are also many registered sex offenders who have been denied entry into those same countries without any explanation other than that they have a sex-related criminal history. Remember that one traveler’s experience may be different from another’s, so be sure to look at multiple accounts before you make your decision. The US State Department has begun revoking the passports of registered child sex offenders. The change has been made in order to comply with a law passed last year, the International Megan’s Law. Under the new law, registered sex offenders who have been convicted of an offense against a minor wil...

 Having to register as sex offender carries a stigma unlike any other punishment for a crime in this country. The same stigma applies regardless of the crime that the person committed. For example, a rapist shares the same fate as a man who as a teenager exposed himself as a high school prank. This stigma can make ordinary activities such as traveling abroad more difficult for registered sex offenders. Can Sex Offender Travel? Having a criminal record can significantly reduce your chances of traveling to other countries If you are a U.S. citizen and have a U.S. passport, you are able to enter approximately 160 countries without first applying for a Visa. The good news is that means you don’t have to spend many hours before your trip to get approval from the other country you are interested in visiting. However, the bad news is that you will only know for a fact whether you can enter the country or not when you get to the customs checkpoint at the airport. If you are denied entry, t...

 The term Criminal Sexual Conduct usually refers to an attack on a person that is sexual in nature. The legal definition of this term actually differs, however, from state to state. In some states, sexual assault is synonymous with rape forced sexual intercourse or sexual contact without consent while other states have no crime known as sexual assault and instead define sexual conduct without consent as rape, criminal sexual penetration, criminal sexual contact and sexual battery.     Sex crime charges are considered to be some of the worst crimes that a person can commit. For that reason, it is so critical to have a strong, experienced defense attorney on your side, fighting to protect you. Lots of men are in Michigan prisons today because of false accusations.     The following is a list of many of the most common types of sex crimes that are covered by the Michigan criminal code. We’ve also included brief descriptions of what each crime involves and what pena...

 Sexting is the sending or receiving of sexually suggestive images. Sexts traditionally involve the sending or receiving of nude or semi-nude images via cell phones to romantic partners or interests. This is not always the case, however, as the term sexting has come to include the transfer of images over email, social media, and video chat.   It's natural for teens to be curious about their emerging sexuality. But most middle-schoolers aren't prepared for the risks of exploring this in the digital age. Help students think critically about self-disclosure in relationships and practice how they'd respond to a situation where sexting or a request for sexting might happen.   Sexting is when people share a sexual message and/or a naked or semi-naked image, video or text message with another person. It's also known as nude image sharing. Children and young people may consent to sending a nude image of themselves. They can also be forced or coerced into sharing images by their...

 Since cell phones first saw widespread adoption in the 1990s, they've become not just ever present, but have developed vastly expanded capabilities, such as the ability to take and instantly share photos. This ability has lead to the phenomena of “sexting,” where people send suggestive or nude pictures to others using their cell phones. Some states have adopted laws that prescribe penalties aimed specifically at teenagers or adolescents who send such photos. These laws make the penalties for teen sexting less severe than if an adult would send similar photos to an under-age person. Sexting is when someone sends a photo or video of themselves or someone else naked or posing in a sexual way using a computer, mobile phone or other mobile advice. To get specific details regarding when is sexting illegal , keep reading. Sexting is illegal if you are under 18 and can be illegal if you are 18 or older. If you are under the age of 18 years, as the sender or recipient, matters are complica...

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...