Michigan Sex Crime Attorneys Blog

According to the Herald-Palladium, Lake Michigan College students who are on the sex offender registry now must be individually reviewed before being allowed to continue taking classes.

Lake Michigan College, a community college educating students throughout Michigan, including Benton Harbor, South Haven, Bertrand Crossing and Niles, adopted a policy in February barring those convicted of a sex crime against a child from attending the college. School officials extended the policy this week to include all sex offenders and convicted felons, providing that any prospective or enrolled student who is on the sex offender registry will be barred from admission. If they object, potential students may have a hearing before a panel of school officials, with the opportunity to provide documentation and an explanation of their circumstance in order to gain admittance.

Unfortunately this policy adds another hurdle and a significant deterrent to individuals seeking a fresh start through education. Many of those listed on the sex offender registry have been required to do so for non-violent crimes such as sexting and consensual sex. Having to go in front of a board to defend these actions in order to gain admittance to school will likely preclude these students from applying in the first place, thereby denying many a second chance.

Continue reading "Lake Michigan College Bars All Sex Offenders From Attending Its Campuses" »

On Monday, a man was arrested in the alleged sexual assault of an Eastern Michigan University student. The student reported that she woke up to find the man on top of her with a knife. He allegedly raped her and then fled. He is now being charged with first-degree criminal sexual assault.

In Michigan, criminal sexual assault or conduct (CSC) is divided into four categories. First-degree criminal sexual conduct is commonly referred to as rape by lay people, and third degree is statutory rape. Second and fourth degree criminal sexual conduct offenses include sexual touching without penetration. All criminal sexual conduct offenses are considered felonies. If convicted, you could face serious consequence including prison sentences and having to place your name on the sex crimes registry.

Because of the way sex crimes laws are written, many people are falsely accused of and wrongfully charged with committing sex crimes when little or no evidence exists. Further, those accused of a sex crime often make a serious mistake at the beginning of a case by speaking to law enforcement officers without an attorney present when they think a matter isn't serious or lacks credibility.

Continue reading "Ypsilanti Police Arrest Suspect In Alleged Sexual Assault of EMU Student" »

The Supreme Court's recent decision in Berghuis v. Thompkins now requires those accused of crimes, including sex crimes, to speak up if they wish to remain silent.

For more than forty years, Miranda warnings have been a fundamental part of the criminal justice system. Since 1966, police have been required to notify those accused of crimes of their Miranda rights. Miranda Rights set forth an individual's rights under the Fifth Amendment - i.e. that an accused has the right against self-incrimination and to have proper legal counsel.

Often, those accused of Michigan criminal sexual conduct make the mistake of believing that police are there to help. Instead police may use lies, lengthy interrogations, or other tactics in the hopes of getting individuals to make self-incriminating statements, which may be used against them in a court of law. Miranda warnings are one of the few protections criminal defendants have against over-zealous law enforcement officers.

Prior to this recent decision, police and prosecutors had to show that the criminally accused understood the warning and knowingly waived his right to self-incrimination. However, the Supreme Court has now weakened these rights by ruling that individuals must specifically and unambiguously announce their intent to invoke their Miranda Rights.

In Berghuis v. Thompkins, a Michigan man - Van Chester Thompkins - was read his rights, but refused to sign a form indicating that he understood them. After nearly 3 hours of interrogation, he remained mostly silent. When police officers asked him a self-incriminating question, Thompkins answered "yes" and was then convicted primarily due to this answer.

The Sixth Circuit Court of Appeals ruled that the "yes" should not have been allowed because Thompkins had implicitly invoked his Miranda rights by remaining silent. The Supreme Court disagreed, ruling that criminal suspects must unambiguously express their intent to remain silent.

Making the accused "speak up" places an unfair burden on individuals and transfers even more power and discretion into the hands of potentially overzealous law enforcement officials.

As Justice Sonia Sotomayor argues in her dissent, the decision "turns Miranda upside down," not only because it requires a suspect to speak to invoke the right to silence, but because "at the same time, suspects will be legally presumed to have waived their rights even if they have given no clear expression of their intent to do so."

Continue reading "Supreme Court Ruling In Michigan Case Weakens Miranda Rights " »

On Tuesday, the Supreme Court held sex offenders who moved states before February 2007 cannot be retroactively charged with violations of the Sex Offender Registration and Notification Act (SORNA). In Michigan - and in every other state in the U.S. - individuals convicted of crimes of a sexual nature or sex-related offenses are required to register as sex offenders. Under SORNA, sex offenders who move must update their registration when they cross state lines.

In Carr v. United States, the Supreme Court reviewed whether an Alabama man - Thomas Carr - could be convicted of a SORNA violation for actions taken before the law was enacted. Here, Carr failed to register as a sex offender when he moved to Indiana in late 2004 following his release from custody in Alabama on a conviction of first-degree sexual abuse.

After being arrested in 2007 on an unrelated matter, the omission was discovered and Carr was charged with violating SORNA. Although he pled guilty, Carr reserved the right to appeal based on the ex post facto issue, i.e. that the indictment should be dismissed since he traveled to Indiana before SORNA was in effect.

An Indiana federal judge disagreed and sentenced Carr to 30 months in prison. The 7th Circuit upheld the conviction and sentence. In a 6-3 decision, the Supreme Court reversed, holding that in order for a violation to occur, both the travel and the failure to register must take place after SORNA took effect.

SORNA, as well as Michigan's Public Sex Offender Registry (PSOR), can be complicated. Registering as a sex offender may significantly impact your everyday life with the potential loss of job opportunities, loss of the freedom to live or visit wherever you'd like and even the freedom to attend some schools.

Continue reading "Sex Offenders Can't Be Charged Retroactively For Failing To Register" »