Michigan Sex Crime Attorneys Blog

The Michigan Supreme Court has reversed last year's court of appeal's decision that a South Lyon man was free to go home because "double-jeopardy" barred him from being tried for a criminal sexual misconduct in Lenawee County. Double jeopardy bars the prosecution of an individual for a crime for which he's already been tried.

Often, complicated procedural and substantive issues arise in trial that may significantly affect a defendant's rights, including judges and prosecutors who overstep their legal authority. Appealing a sex crimes conviction or plea can be extremely confusing and complex, but often necessary to ensure justice.

Here, the Michigan man - Douglas Eugene Camp - stood trial in 2007 on charges of sexually abusing his 11-year old nephew. The judge granted a mistrial after a witness testified that the Camp had also been tried in Livingston County on the same charges and found not guilty.

The case was re-tried in 2008, and the new jury found Camp guilty of second-degree criminal sexual conduct. On appeal, the court of appeals determined that Camp had been placed in double jeopardy when the 2007 court declared the mistrial and determined Camp was free to go after serving only two years of his four-year and nine-month to 15-year prison term.

The Michigan Supreme Court reversed this ruling, reinstating the 2008 jury conviction.

Continue reading "Michigan Supreme Court Overturns Court of Appeal's Ruling on Double Jeopardy In Sex Abuse Trial" »

On Monday the Supreme Court ruled that inmates who are "sexually dangerous" may be detained after their prison terms are complete. In US v. Comstock, the Supreme Court determined by a 7-2 vote that federal officials may indefinitely hold inmates after they finish their prison term. In doing so, the Court reversed a lower court decision holding that Congress had overstepped its authority in allowing indefinite detentions, reasoning that it is a "necessary and proper" means of exercising federal law.

U.S. v. Comstock arises out of the actions of Graydon Comstock, a man was originally sentenced to three years in prison for possession of child pornography. With 6 days left to go in his sentence, he was declared "sexually dangerous" and the pursuant to the Adam Walsh Child Protection and Safety Act, he was civilly committed to a federal prison.

Pursuant to the Adam Walsh Act, the US Attorney general has to authority to indefinitely detain those who have committed certain sex offenses if shown to be "sexually dangerous inmates." The Act defines a person as sexually dangerous if he has "engaged or attempted to engage in sexually violent conduct or child molestation" and suffers from a "severe mental illness that would make it difficult to refrain from sexually violent conduct or child molestation if released."

The Adam Walsh Act also establishes a national sex offender registry, increases punishments for some federal crimes against children and increases protections against child pornography.

Currently, 20 states - not including Michigan - around the country allow civil commitments of sex offenders beyond their prison terms - in theory for treatment and rehabilitation. It remains to be seen how this ruling will affect these controversial state programs which are costly, rarely lead to release and deny inmates protections of the criminal justice system.

Continue reading "Supreme Court Allows Federal Government To Indefinitely Detain Sex Offenders" »

Tonya Craft, a former Georgia kindergarten teacher who's child molestation trial captured the nation's attention, was acquitted Tuesday on charges of molesting three girls, ages 5 and 6. She was found not guilty on all counts including child molestation, sexual battery and aggravated child molestation. Had she been found guilty, she would have faced up to 400 years in jail.

Craft notes though that despite her acquittal, it doesn't feel like a victory. She stated on the Today Show, "[t]here's nobody that wins in this situation. My whole heart has been taken, and I got half of it back."

Since her arrest nearly two years ago she has lost much:

Her two children were taken away from her. One of her daughters testified against her. Ms. Craft now has to fight to regain custody.
Craft lost her home and had to move.
Craft lost her job and was ostracized by her community. She has received death threats.

Craft wants to share her experience and make people aware "that this can happen anywhere, anytime, to anyone."

Sadly, false arrests are all too common. Sexual misconduct allegations can be made by anyone regardless of whether any physical evidence exists and are often pursued by overzealous prosecutors. In Craft's case, one of the alleged victims admitting lying and another said she was promised a toy.

In cases involving children, the accusations can be particularly devastating and life altering. Often, the accusations are the result of contentious custody battle or vindictive ex-spouses seeking revenge.

Continue reading "Craft Acquittal of 22-Counts of Sexual Misconduct Not A "Real" Victory " »

Just two months after the 3rd U.S. Circuit Court of Appeals barred prosecutors from bringing charges against teenagers for sexting, a federal judge has issued a permanent injunction barring prosecutors from filing charges against the girls in connection with this case.

In Michigan, as in Pennsylvania where this case occurred, it's a felony to produce, possess or distribute photos of a minor.

As a result, when a teenage girl/boy sends a partially nude photo to a boyfriend/girlfriend, overzealous prosecutors have been quick to label such activity as "distribution of child pornography," a charge with significant penalties and consequences.

The three girls in the Pennsylvania case were scantily clad in photos that were circulated by cell phones. Their pictures were discovered as part of a larger investigation into teenage sexting. Studies show that at least 15 percent of teens engage in sexting. With the proliferation of cell phones, these numbers may be much larger. As a result, states around the country have begun looking at sexting and evaluating what the proper legal consequences should be.

In fact, the Illinois' legislature just passed a new bill lessening the penalty for sexting between minors to mandatory counseling and community service.

In Michigan, however, sexting between teens remains a felony. If convicted you could face serious penalties, including jail time and having to place your name on the sex crimes registry. Unless and until Michigan amends its child pornography laws, Michigan teens caught with nude photos of other teens may be still be charged as sex offenders.

Continue reading "Sexting Prosecution Barred By Federal Judge" »