Michigan Sex Crime Attorneys Blog

Effective July 1, teenagers who have mutually agreed upon sex with a younger teen will no longer be automatically listed on Michigan's sex crimes registry. However, in certain circumstances your teen may still face placement of his or her name on the list. This includes situations such as where the age difference between the teens is more than four years and if allegations exist that sex was coerced.

Previously, teens involved in so-called "Romeo and Juliet" relationships faced having their name listed on the registry for 25 years.

With the new sex crimes registry law in place, teens as well as adults whose names were placed on the list for teenage sexual relations may contact an experienced Michigan sex crimes defense lawyer to petition for removal and to clear their name.

The revised law is a welcome change. The intent of the registry was to advise the public concerning predators but has unfairly grown and expanded to include people whose actions may reflect questionable choices, but are not hardened criminals. Listing often has life-long negative consequences, affecting the direction of a one's life. Having your name of the registry impacts where you live, your employment and even your choice of schools.

Continue reading "New Law Will Keep Teens Off Sex Crimes Registry" »

The Wayne County prosecutors office is opposing a new trial request for a man wrongfully convicted of rape who has spent more than 25 years in jail. The Detroit Free-Press reports that the University of Michigan Innocence Clinic has asked the Michigan Court of Appeals to grant Karl Vinson a new trial in the rape of a 9-year-old Detroit girl because "the scientific evidence conclusively proves that this man is innocent."

The Innocence Clinic explains that Vinson is the victim of flawed forensic testing and that he has been ruled out as a suspect by recent scientific testing. Despite exculpatory scientific evidence, the prosecutor's office opposes the trial stating, "science does not trump the testimony of individuals."

Several questionable calls have been made in this case - including the revelation that police officers destroyed crime scene evidence. Further, when the girl could not recall who raped her, her mother suggested Vinson was the attacker. Despite his parents' testimony that Vinson was home during the criminal sexual assault, a jury convicted him and he was sentenced to 10-50 years in prison.

Continue reading "Wayne County Prosecutor Opposes Evidence Of Innocence In Detroit Rape Case" »

On Tuesday, Governor Snyder signed new sex crime registry legislation reforming some significant aspects of Michigan's sex crimes registry law. This legislation is the first step in improving the often unjust and faulty public sex offender registry and to bring it into compliance with federal guidelines set forth in the federal Adam Walsh Act. The changes will be effective as of July 1, 2011.

The Holland Sentinel sets forth some critical facts to know about the new legislation.

First, the new sex registry law will divide those convicted of a sex offense into different tiers. The first tier would apply to lesser offenses such as indecent exposure and won't be listed. Second tier offenses would include convictions such as date rape and the majority of child pornography offenses, requiring listing for 25 years. Third tier offenses include the most predatory offenses and require life-long listing.

Continue reading "New Michigan Sex Offender Registry Legislation Signed Into Law" »

A man convicted of criminal sexual assault, second degree, has won a new trial due to ineffective assistance of counsel.

The Michigan Court of Appeals ruled that Jeffrey Gioglio's conviction for allegedly sexually assaulting a young girl should be overturned, saying that his constitutional rights were violated because his attorney was so bad.

This case underscores the need to find a knowledgeable, skilled and experienced sex crimes defense attorney if you are facing Michigan criminal sexual conduct charges.

The defense attorney in this case was so poor that it was the winning prosecutor who raised questions about the lawyer's performance. Problems included the failure by the defense to give an opening statement and to cross-examine the accuser. According to the assistant prosecutor, after sentencing defense counsel turned to her, smiled and said, "He's toast!"

The Michigan Court of Appeals found that defense counsel had "failed to meaningfully test the prosecutor's case."

The Court also noted "Our constitutions do not reserve the right to the effective assistance of counsel to only those defendants who are actually innocent...In this case, it is clear that [defense counsel's] performance was so inadequate that, in effect, defendant had no assistance of counsel at all."

Continue reading "Kalamazoo County Man Convicted Of Second Degree Sexual Assault Wins New Trial" »

Federal judges have allowed several charges to go forward against the Oakland County Prosecutors office, the Walled Lake Consolidated School District and the Michigan Department of Human Services as a result of a botched rape case. A West Bloomfield couple - Julian and Thal Wendrow - filed their lawsuit after an investigation and prosecution on charges of raping their daughter that a federal judge has described as "a runaway train."

The Thals endured a nightmarish ordeal - they were prosecuted on charges of criminal sexual assault first degree for allegedly raping their autistic daughter. The only evidence Oakland County prosecutors had against the parents were "typed" statements the girl made with the help of an aide using a discredited method call "Facilitated Communication." Based on the flawed allegations, the Wendrows were jailed and their children taken away and placed in foster care before prosecutors admitted the child could not communicate and dropped the charges.

Any one facing sex crimes charges should contact an aggressive Michigan sex crimes defense lawyer immediately to investigate the evidence, begin preparing your defense and protect your rights. Sex crime charges can be brought based solely on allegations of wrongful conduct without physical evidence. Even if the charges are eventually dropped, being arrested and investigated can turn your life upside down and have significant consequences.

An aggressive sex crimes defense attorney can help fight back, protecting you and being your greatest ally in this difficult time.

Continue reading "Oakland County Mishandled Rape Case Continues To Trial" »