Michigan Sex Crime Attorneys Blog

The Michigan Supreme Court has agreed to review the case of a Kent County man convicted of the rape of a 9- and 13-year-old girl. At issue - whether James Henry Buie's constitutional right to confront his accuser was violated when the Kent County Circuit Court allowed expert testimony via video without Buie's consent.

The constitution sets forth several guaranteed protections that affect each step of a criminal matter, from investigation to arrest, trial and sentencing. The failure of law enforcement or the justice system to follow these protections may result in charges being thrown-out, or as in this case, require a new trial. It is critical to have a skilled Michigan sex crimes defense lawyer represent as soon as possible to protect against possible constitutional abuses.

Here, the Michigan State Supreme Court will review whether Buie's Sixth Amendment rights were violated. The 6th Amendment guarantees those accused of a crime the opportunity to confront the witnesses against them. By allowing the use of video taped evidence it is questionable whether Buie was able to "confront" the witnesses as required. The court will also determine if sufficient cause existed to allow video testimony rather than having the experts appear in person, and whether Buie agreed to the use of video testimony.

Continue reading "Michigan Supreme Court To Review Kent County Rape Conviction For Constitutional Violations" »

After hearing testimony from Calhoun County prosecutors and representatives from the Michigan Innocence Project, Calhoun County judge Conrad Sindt granted Lorinda Swain a new hearing on charges she sexually assaulted her son nearly ten years ago.

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

Here, Swain was convicted of molesting her son based primarily on her son's testimony. Swain denied the allegations, and her son repeatedly recanted his testimony, but she was still convicted. News reports indicate that several other witnesses who could have helped establish her defense were never called by her former attorney, including the failure of Calhoun County detectives to tell Swain's former attorney about testimony from her boyfriend that the incident never happened.

Based on claims of new information and ineffective counsel, Swain is seeking a new trial.

Continue reading "West Michigan Woman Granted New Hearing In Sex Abuse Case" »

Last year a Calhoun County judge overturned the sexual assault conviction of Lorinda Swain and granted her a new trial. She had been convicted of four counts of first-degree sexual conduct for allegedly having oral sex with her son.

If you have been charged with any Michigan sex crime, it is important to contact an aggressive Michigan sex crimes defense lawyer to immediately begin preparing your defense. If you have been convicted of a sex crime or accepted a plea agreement that seemed unfair you may want to seek appellate review.

Here, based on claims of ineffective assistance - including the failure to call witnesses who could have helped Swain's case - the original conviction was overturned and Swain was granted a new trial. However, the Michigan Court of Appeals subsequently reversed the circuit court ruling, and the Michigan Supreme Court refused to hear the case. A new hearing will be held on May 16th to determine whether Swain will be sent back to jail or receive the new trial she deserves.

Continue reading "Burlington Woman With Overturned Conviction Seeks New Trial" »

Ann Arbor news reports that six women were arrested during a prostitution sting last night. The women allegedly offered sex to undercover police officers. The women were taken to Washtenaw County Jail, and expected to be arraigned later today.

Police agencies, such as those in Washtenaw County, have a reputation for setting up such stings to either arrest prostitutes or those allegedly soliciting the sexual services of a prostitute. Both prostitution and solicitation are considered sex crimes and may subject you to jail-time, mandatory testing for sexually transmitted diseases and placement of your name on the Michigan Sex Crimes Registry.

If you have been arrested for prostitution or solicitation, it's important to hire an experienced sex crimes defense lawyer to fight back aggressively. When law enforcement sets up stings and arrests numerous people, often the charges of each individual are overstated or mischaracterized. It is important that your own attorney investigate the specific allegations against you individually and prepare the best possible defense for your situation.

Continue reading "Six Women Arrested In Ypsilanti Prostitution Sting" »