Michigan Sex Crime Attorneys Blog

A Midland police officer is under investigation for sexual assault after allegations were made against him. In Michigan "sexual assault" has four degrees based on a range of sexual contact and degree of force. Criminal sexual conduct first degree is sometimes referred to by a lay person as "rape" and criminal sexual conduct third degree as "statutory rape." Criminal sexual conduct second degree and criminal sexual conduct fourth degree involve touching of a sexual nature without some form of penetration.

Each degree is considered a felony for sentencing purposes and if convicted of any, require mandatory registration on the Michigan Sex Offender Registry (SORA).

Michigan State Police are investigating the alleged crime, including collecting and analyzing forensic evidence. A police representative commented, "We are going to have a complete and thorough investigation."

Whether charges will be ultimately filed is unknown - Michigan Sate police have placed the officer on administrative leave and are seeking to resolve the matter quickly.

Unfortunately many people accused in similar situations face charges before such in-depth investigation occurs. In fact, charges may be filed based only on allegations of sexual misconduct without any physical evidence.

Continue reading "Midland Police Officer Accused Of Sexual Assault" »

A recent Grand Rapids investigation into just whose name is on the Michigan sex offender registry and whether those people are really predators revealed some disturbing statistics.

The Michigan Public Sex Offender Registry (PSOR), which is designed to inform the public about "sexual predators" in their neighborhood, places anyone who is convicted of a Michigan sex offense on the registry. Nearly 1900 names from Kent County alone are on the list. Once on the registry, a person's name may be there for several years to life.

If you have been charged with any Michigan sex crime, it is crucial to contact an experienced sex crimes defense lawyer to provide a vigorous defense and keep your name off the list.

While some people who are the list could be considered "predators" and dangerous, many others are not. As stated in the Target 8 investigation "[w]ith few details about why a sex offender is on the list, it's difficult to determine who might be a predator and who is not a danger."

In fact, many youthful offenders' names are placed on the list after having consensual sex with another teen. In one case, a 17 year old was convicted of statutory rape of a 15 year-old-girl who had consented to the encounter. His name will remain there for 25 years, well after completion of his 2-year probation sentence. He continues to suffer daily set backs as the result of his listing - including not being able to get into the military, not being able to find work, and not being able to be involved in after-school activities with his sons.

Continue reading "Michigan Sex Offender Registry Investigation Reveals Inconsistencies And Injustice" »

Battle Creek news reports that charges of fourth-degree sexual assault against a Marshall pastor were dismissed this past week.

The charges stemmed from a 14-year-old girl's statements that the pastor - Matthew Brown - had allegedly sent her sexually suggestive messages on Facebook and that he touched her upper thigh. Criminal sexual conduct fourth-degree involves touching of an intimate body part without some form of penetration. If convicted, the penalties are severe and include potential prisons sentences and mandatory placement of your name on the Michigan sex crimes registry.

If you have been charged with any sex crime, it is critical to contact an experienced Michigan sex crimes defense lawyer immediately to protect your reputation and begin preparing your defense.

Brown's trial was set to Tuesday, but prosecutors dismissed the case after a judge ruled that the alleged statements were hearsay and prosecutors were unable to verify that Brown sent them. In sex crimes cases, charges may be filed solely on the basis an alleged victim's statements. As a result, many times arrests are made and charges filed with little or no physical evidence. When challenged, these statements may not hold up in court. In the meantime, the accused's life has been turned upside down.

Continue reading "Calhoun County Sexual Assault Charges Dropped Against Pastor" »

In November, the Court of Appeals for Livingston County overturned a jury verdict finding Gary Clinton Owens guilty of second-degree criminal sexual conduct. The Court of Appeals found the combination of prosecutorial misconduct as well as inadequate defense representation required that the conviction be overturned. A new trial date has now be set.

This case illustrates the need for an experienced sex crimes defense lawyer when facing any type of criminal sexual conduct charge. Where you or someone you know has been convicted of a sex crime, or accepted a plea that seemed unfair, you may be able to appeal the results.

Here, the Michigan Court of Appeals found enough errors committed on both sides to find that Owens was denied justice. The prosecutor improperly questioned Owens about past drug use and made inappropriate comments about his trustworthiness. Prosecutorial misconduct affected Owens' "substantial rights" by denying him and fair and impartial trial. The errors "seriously affected the fairness, integrity, and public reputation of the judicial proceeding."

Continue reading "New Trial For Pinckney Man After Livingston Court Overturns Criminal Sexual Conduct Case " »