Michigan Sex Crime Attorneys Blog

Increasingly parents across the country are recognizing what many criminal defense attorneys in Michigan have been arguing for years - jailing teens for sex offenses is unfair and often significantly out of proportion to the crime. A recent teen sex crimes article chronicles one family's journey after a Royal Oak teen was sent to prison for "failing in love with a teenage girl."

The article reviewed the case of Ken Baldino, an 18-year-old senior in a Michigan high school who was arrested for having sex with his girlfriend who was a 14-year-old freshman. In Michigan, the age of consent is 16. Baldino was convicted for criminal sexual conduct and was sentenced to one year in jail and three years' probation. However while on probation the teens got back together, which was a probation violation, and Baldino was sentenced to 5-15 years in jail.

A sex crimes defense attorney in Michigan can fight back if your teen has been charged with any sex offense.

Baldino's mother Francie is now part of a parent led rebellion across the country arguing against sex-offender laws that rather than just protecting children in many cases ruin - or significantly adversely affect - their teens lives' by imposing punishments way out of proportion to the crime.

Baldino spent six years in jail and now must wear a GPS tracking device. Francie Baldino is now part of an organization fighting prosecutions for "Romeo-Juliet" type sex offenses. Although in many situations the questions are complex, as stated by Baldino "the law should treat teenage lovers differently from pedophiles or violent sexual predators. The punishment is too extreme for kids. It's a system that's not working."

Continue reading "Jailing Teens For Sex Offenses Often Unfair, Unjust" »

Central Michigan Life news reports that the Federal Bureau of Investigation's (FBI) Uniform Crime Unit has recently changed its definition of forcible rape to include males as victims, updating the definition and bringing it more in line with Michigan's model law.

The new law does not distinguish between genders and defines rape as: "Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim."

Previously, the FBI had defined rape as only a crime against women, classifying rape as the "carnal knowledge of a female forcibly and against her will."

Since 1975 however, Michigan has had a more broader model law and recognizes various types of sexual conduct as criminal, including touching or other contact, as well as penetration with a breast, genital or buttock as a sex crime. The FBI's new definition is more narrowly focused than Michigan's, making only penetration a sex crime.

If you have been charged in Michigan with any form of sexual contact, it is important to speak with a Michigan sex crimes defense attorney immediately to begin preparing your defense. Because Michigan's law is so broad many situations involving sexual conduct may lead to a sex crimes investigation and charges being filed. Consulting with a sex crimes defense lawyer in Michigan right away may be a crucial first step in protecting your future.

Continue reading "FBI Changes Definition Of Rape" »

Niles news reports that the latest teen in connection with the Niles High School sex scandal has been sentenced to three years in prison based on his alleged involvement in a teen sex video scandal. The charges arose out of an incident involving five teens.

Trey Nichols was sentenced to three years in prison for assault with intent to commit criminal sexual conduct and 18 months for taking photos of his girlfriend - categorized as "surveilling an unclothed person" under Michigan law.

The assault with intent charge carries a maximum penalty of 10 years in prison if convicted. Nichols faced a maximum penalty of five years in prison for the surveilling charge.

Michigan sex crimes are serious matters. If you have been charged with any sex related offense, it is important to consult with an aggressive sex crimes defense attorney in Michigan.

Here, the charges stem from the activities of the boys in videotaping a teen girl having sex with one of the group. Although the girl consented to sex, she allegedly did not know she was being videotaped. The group then threatened to place the video on facebook unless she agreed to have sex with the other boys.

Continue reading "Fourth Niles Teenager Sentenced To Four Years In Connection With Sex Scandal" »

A recent homeless sex offender case determined that homeless shelters do not constitute "residences," and as a result, sex offenders may spend the night in shelters located within 1,000 of school. This decision comes as the result of a long debate after the tragic death of a man denied entrance to a shelter because of a distant sexual assault conviction. The 51-year-old man froze to death after being turned away.

Here, a Grand Rapids homeless shelter denied Thomas Pauli was a place to sleep on a cold January night in 2009 based on Michigan law preventing individuals listed on the Sex Offender Registry from living within 1,000 feet of a school. However, U.S. District Judge Gordon Quist issued a narrow ruling determining that homeless people do not "reside" in emergency shelters if they only go there at night to sleep and have no guarantee of a place to stay on any given night.

As stated in a recent Battle Creek editorial, "In pursuit of safeguards, we sometimes have legislated policies that instead of ensuring public safety, unduly harm those whose actions do not warrant harsh punishment...Overly strict policies can have tragic consequences." Judge Quist's ruling not only "seeks to clarify the law, it is the only compassionate decision that can be made."

Continue reading "Court Determines Sex Offenders May Stay In Homeless Shelters Near Schools In Poe et al v. Granholm " »

This past Tuesday a Calhoun County judge heard argument concerning whether Lorinda Swain will get a new trial. Swain was convicted in 2002 on four counts of criminal sexual conduct - 1st degree for allegedly molesting her then-13-year-old son. Criminal sexual conduct (CSC) refers to a group of sexual crimes including rape, statutory rape and child molestation that are categorized into four degrees. The potential penalties for CSC depend on the nature of the charge. Swain was convicted of CSC - 1st degree, which is the most serious, and involves some sort of penetration of a sexual nature.

If you have been charged with any criminal sexual offense, it is critical to speak to an aggressive sex crimes defense lawyer in Michigan immediately. Starting an investigation and preparing a vigorous offense as soon as possible is important to protecting your rights and your freedom.

Here, several missteps occurred during the original Swain trial that could have potentially impacted the outcome of trial and been a serious miscarriage of justice. First, an ex-boyfriend who lived in the home at the time of the alleged assault was expected to testify that the abuse never took place. However, this information was not given to the defense before trial began. Additionally, the son recanted his story a few years after the trial.

In August 2009 Swain was released on an appeal. This past October, a Michigan Court of Appeals ruled that there should be a hearing on the new evidence. This week the Calhoun County Court heard argument concerning whether she will get the trial she is entitled to.

Continue reading "Calhoun County Holds Hearing To Determine Whether Lorinda Swain Is Entitled To A New Trial" »

The Michigan Supreme Court has ruled against hearing an appeal from a sexual-assault trial where a screen was used to block a witness from seeing the man accused. At issue is whether the placement of the screen deprived the defendant of his constitutional right to confront his accuser.

In a brief statement, the Supreme Court simply noted that it is "no longer persuaded that the questions ... should be reviewed." However the significant constitutional issues raised by the used of the screen remain.

Here Ronald Rose, a western Michigan man faces at least 25 years in jail after being convicted of sexual assault in a 2008 trial. Rose was accused of showing pornographic pictures to his wife's 8-year-old sister and brother, and sexually abusing the girl. During the trial the one-way screen was used to keep the 8-year-old from seeing Rose. However, the screen was not used when another young witness testified. The screen - rather than providing a legitimate means to protect juveniles who may be anxious about testifying in court - was more like a theatrical prop - "the most prejudicial thing he'd ever seen in a criminal trial," stated Rose's Michigan sex crimes defense lawyer Scott Grabel.

The U.S. Constitution provides many protections designed to ensure criminal defendants are given a fair trial. One of these protections is the 6th Amendment, which provides that a defendant is entitled to be confronted with the witnesses against him. Where a minor is involved, MCL 600.123 provides alternative procedures for presenting child witness testimony, while accounting for the accused's constitutional rights. Using a screen is not one of those procedures expressly permitted. Here, Rose was denied his constitutional right to confrontation and deserves a new trial.

Continue reading "Michigan Supreme Court Allows "Constitutionally Defective" Witness Screen Ruling In Allegan County To Stand In People v. Rose " »

Ramon Bryant, a Kent County resident, is challenging his 2002 criminal sexual conduct - 1st degree conviction. He asserts that he was denied a fair trial because the jury pool was unrepresentative. CSC -1st degree, also referred to as rape, is one of Michigan's most serious sex crime convictions. Penalties for a rape conviction include jail time, fines and mandatory placement of your name on the sex crimes registry. After trial, Bryant was sentence of 12-35 years in jail, of which he has completed nine.

If you have been charged with any Michigan sex crime, it is important you receive a fair trial to ensure your rights and your future are protected. An experienced Michigan sex crimes trial attorney can provide critical advice and guidance at every step of the criminal process.

In this Kent County unrepresentative jury pool case, Bryant - an African-American male - asserts that he was denied a trial by his peers after an alleged computer glitch in 2001 and 20002 sent out fewer jury duty notices to those zip codes with higher minority populations. The right to a jury of your peers is guaranteed by the 6th Amendment of the Constitution. At trial, only one prospective juror was black, which is too few for adequate representation. As noted by a Bryant representative "Excluding an entire minority population from jury service does not create a fair and reasonable representation of the community."

Last year the Michigan appeals court agreed and ruled that Bryant should receive a new trial. The court noted that whether the computer glitch was intentional or not, Bryant did not receive a representative jury.

Continue reading "Michigan Supreme Court To Decide Whether Kent County Man Convicted Of Rape Was Denied A Fair Trial" »

The U.S. Supreme Court is set to hear argument next week in a case involving the confrontation clause of the Sixth Amendment. The confrontation clause generally provides the right of an accused to "confront" a witness testifying against him or her at trial by way of cross-examination. In Williams v. Illinois, a case involving rape and DNA evidence, the court will review whether an accused's constitutional rights to confront his accuser are violated when a laboratory analyst testifies at trial about DNA results when the analyst didn't actually perform the testing.

How this case is decided case will have a significant impact on Michigan criminal trials including rape and other sex crimes. Often, DNA evidence is used to either identify or rule out a potential suspect in a crime. How this evidence is presented at trial may be a crucial factor in whether a defendant is found guilty or innocent. If you are under investigation for a Michigan sex crime, it is critical to speak with an experienced Michigan sex crime lawyer who can immediately begin investigating your matter and in the event of a trial, provide a vigorous defense.

In Williams, the Illinois State Police Laboratory sent biological evidence to be tested at a Maryland lab. The accused was arrested for a separate crime and submitted to a blood test. His DNA matched the DNA profile generated from the Maryland Lab. At trial an Illinois lab analyst testified about the DNA match, but admitted that she didn't participate in any of the testing in Maryland and that her conclusions were based on an independent review. Williams was subsequently convicted of rape. Illinois higher courts affirmed this ruling, determining that because the lab analyst could be cross-examined and lab report itself was not submitted into evidence, the confrontation clause was not violated.

However, previous case law over the last few years has strongly debated the question of whether the lab analyst who performs a test - such as a DNA test or a blood alcohol test - must be present to testify. In 2004 in Crawford v. Washington, the court determined that prosecutors may not use statements from witnesses who are not available to testify, even where the statements are reliable. This determination has been applied to lab reports. In 2009 in Melendez-Diaz v. Massachusetts, the court noted, "Confrontation is designed not only to weed out the fraudulent analyst, but the incompetent one as well. Serious deficiencies have been found in the forensic evidence used in criminal trials."

Continue reading "U.S. Supreme Court To Hear Argument On How DNA Evidence Is Introduced In Rape Trials - Williams v. Illinois " »

Allegations of sex abuse are serious - not only does a person accused stand to face serious penalties, but also harm to their reputation. Recently, sex abuse accusations have surfaced that nearly 50 years ago Michigan Representative Dale Kildee, D-Flint allegedly molested his 15-year-old second cousin. Representative Kildee is currently 82-year-old

Sexual abuse is a serious crime. Where the charges involve minors, the potential punishments include some of Michigan's harshest sex crime penalties such as prison sentences, heavy fines and registration on the Michigan Sex Offender Registry. If you are under investigation for or have been charged with any sex crime, it is crucial to speak to an aggressive Michigan sex crime lawyer right away to protect your reputation and begin preparing your defense.

The mother of the alleged victim accuses Representative Kildee of abusing a cousin - Patrick Kildee - starting at the time he was 12 and continuing for 5 years. The mother reported the incidents to a news station. The cousin was institutionalized twenty years ago with schizophrenia and manic depression.

At the time of the alleged offense, the statute of limitations for first-degree criminal conduct was six years. Although the time limit has since been eliminated, it is unknown whether charges will be filed. Further, because the alleged offense occurred so long ago, several are wondered why the allegations are just coming to light now. As stated by one political consultant "... if anyone wanted something to occur that was actionable, it would have occurred a long time ago."

Continue reading "Kildee Sexual Abuse Allegations Raise Questions Of Motive" »

This past week Governor Rick Snyder signed three bills affecting the potential penalties and consequences for individuals found guilty of criminal sexual conduct. Because potential punishments if you have been convicted of a Michigan sex crime may have a long-lasting impact on your future, it is important to contact an aggressive Michigan sex crime lawyer as soon as possible. If you are under investigation for or have been charged with a sex crimes, you need an experienced Michigan sex crimes defense law firm immediately to begin preparing your defense and protecting your future.

The three bills address punishment for various different levels of criminal sexual conduct by health care professional. Criminal sexual conduct refers to a variety of sexual crimes including rape, statutory rape and child molestation that are categorized into four degrees. First degree CSC is often referred to by lay people as "rape," and involves some form of penetration. Second degree CSC involves touching an intimate body party without penetration. Third degree CSC involves penetration and may be referred to by lay people as "statutory rape." Fourth degree CSC involves sexual touching of an intimate body part.

The first bill - House Bill 4411- amends MCL 333.16245 and provides that medical licenses and registration can be permanently revoked for health care professionals convicted of first degree sexual misconduct, second degree criminal sexual conduct, or third degree sexual misconduct. Previously, an individual whose license was revoked after a conviction for a CSC was able to see reinstatement five years later. However, if a person has been convicted of fourth-degree criminal sexual conduct or intent to commit a first, second of third degree CSC, they may be able to seek license reinstatement after five years.

Continue reading "Governor Snyder Signs Sex Offender Licensing Bill" »

Hillsdale, Michigan news reports that an investigation is underway into teenage sexting at Hillsdale Highschool. Currently, two Hillsdale High female students, as well as a male student from another school are being questioned in connection with the exchanging of "sexually explicit" pictures via text. Sexting may be considered possession of "child pornography" and illegal under Michigan law. According to the report, if sexting charges are filed, the two minor females would be tried as juveniles, and the male who is 17 would be tried as adult.

If you or your teen is accused of sexting, it is important to speak with a Michigan sex crime lawyer at once. Because sexting may be considered a sex crime, significant penalties and consequences exist if convicted. Sexting charges are often filed as possession of child pornography or child sexual abusive material. In fact, the possession of any sexually explicit materials of anyone under the age of 18 whether video, digital or electronic is a serious felony. The taking of such images may be classified as "manufacturing" and when a person hits "send," the action may be called distribution. As a result when teenagers make an error in judgment, such as a decision to send a provocative photo to a boyfriend or girlfriend via text, that choice can quickly escalate to a charge of child pornography.

Here, the Hillsdale prosecutor notes that she expects sex crime charges to be filed. The minors would likely face lesser penalties aimed at rehabilitation, such as fines, community serves and counseling. However the 17-year-old could face felony sex crimes charges, with a potential penalty of 20 years in prison.

Continue reading "Hillsdale Teens Arrested For Alleged Sexting " »

A bill making it through the Michigan state Senate seeks to expand laws making prohibiting sex between school employees and students. If passed Senate Bill 596 would make consensual sex between school employees - including teachers and administrators - to have sex with students even if the student is older than 18. The law would apply even in those instances of consent, ostensibly to prevent a school employee from taking advantage of a student.

Specifically, Senate Bill 596 would amend MCL 750.520(d) and (e) to provide:

(1) A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exists:
(e) That other person is at least 16 years of age and IS a student at a public school or nonpublic school and either of the following applies:

(i) the actor is a teacher, substitute teachers, or administrator..."

Under current law, teenagers can willingly "consent" to sex after the age of 16. Where the person is an authority figure, the age of consensual sex is 18. The new law seeks to eliminate any age limit - making it illegal for school staff to have consensual sex even with students above the age of 18.

Recently, a substitute teacher was charged with third degree sexual conduct for having sex with 3 17-year-old boys during the summer months.

Sex crime charges are serious and have the potential to negatively affect your future, requiring potential jail time, registration on the sex crimes registry and even creating a long-lasting public stigma.

Continue reading "Senate Bill 596 Seeks To Criminalize Consensual Sex Between Students And School Employees" »

A Michigan Court of Appeals has ruled that new testimony may be heard in the sexual assault case of Lorinda Swain. Swain is seeking a new trial on sexual assault charges after being convicted by a jury in 2002 of first-degree criminal sexual conduct involving her son. Criminal sexual conduct is a generic term referring to a group of sexual crimes including rape, sexual assault, statutory rape and child molestation. Each degree of criminal sexual conduct offense carries with it different penalties, with first degree being the most serious.

Since her conviction in 2002, Swain has sought to overturn her conviction after discovering new evidence not raised at trial. This past week, a three-judge panel found that lawyers from the University of Michigan's Innocence Clinic should be allowed to present this additional evidence to Calhoun County Circuit Court Judge Conrad Sindt.

Sex crimes charges are serious, and a conviction for criminal sexual conduct can have a significant impact on your future and your freedom. If you have been charged with a Michigan sex crime, it is important to speak with an aggressive Michigan sex crimes defense attorney immediately to begin preparing your defense. Where you have been convicted of a sex crime, a Michigan sex crimes appeals attorney can determine whether appealable issues exists and review the trial record to ensure your side of the case was fully and effectively presented before the jury and weaknesses properly exposed.

Here, several issues were raised on appeal - including the discovery of new, exculpatory evidence.

Continue reading "Lorinda Swain Wins Right To Present More Evidence In Quest To Overturn Sexual Assault Conviction in State of Michigan v. Swain " »

A press release from Genesee County reports that the Michigan State Police have begun a statewide sex offender sweep to ensure those people who are required to place their names on the sex offender registry are in compliance with the law. Beginning next Monday, police will conduct searches for offenders who have failed to verify required information such as their current address.

According to sex registry laws, individuals are required to report a "change of name, address, employment, campus enrollment, internet identifiers and vehicle information within three business days of any change." Police reports indicate that about 2,500 people were allegedly in violation of these requirements as of September.

Certain violations of the sex offender registry act constitute a four-year-felony. If you are arrested of have been charged with a violation of the sex registry requirements, obtaining the help of a committed Michigan sex crimes defense attorney is crucial to protect your rights and your future.

Complying with the requirements of the Michigan sex crimes registry act may be confusing and, for many it means keeping up with changes in the law and following its requirements for several years. In fact, several changes went into effect this past spring, requiring sex offenders provide even more information about their identity than before. This includes items such as social security numbers, passport information, vehicle information and employer information. These requirements even extend to non-residents such as students and visitors.

Continue reading "Michigan Sex Offender Sweep To Begin Monday" »

Ypsilanti news reports that police have arrested 6 men for allegedly soliciting prostitution as part of a sting conducted in Ypsilanti and Ypsilanti Township last week. The arrests were part of Enforcement Against Street Walking in Ypsilanti (E.A.S.Y.), a program aimed at eliminating the root causes of prostitution. Law enforcement, elected officials and the judicial system have all joined together in this anti-prostitution effort. Sources indicate that at least 5 additional prostitution arrests have been made in that area since May.

In fact, police in Washtenaw County, as well as Wayne, Oakland and Kalamazoo have a reputation for setting up "stings" to lure unsuspecting, law-abiding individuals to solicit a prostitute. As part of the sting, police dress up as prostitutes and arrest individuals who allegedly approach them for their sexual services. Solicitation and prostitution are both illegal - and if arrested for either, individuals face tough penalties and fines. If a second offense occurs, convictions carry with them increased penalties. An experienced Michigan prostitution defense attorney is necessary to fight the charges.

Potential penalties include, but are not limited to:

• Civil forfeitures of property, including your car
• Sexually transmitted disease testing
• Registration as a sex offender under the Michigan Sex Offender Registration Act

Continue reading "Reverse Ypsilanti Prostitution Sting Leads To Arrest Of 6" »