Michigan Sex Crime Attorneys Blog

Kalamazoo news reports that a 32-year-old man from Bellevue, Michael Terpening, has been charged with eleven sex crime counts including indecent exposure and criminal sexual conduct as the result of alleged incidents that took place at a facility for troubled teens. The alleged victims are all former residents of Earth Services Youth Home - located just outside Barry County, about 10-miles from Battle Creek - where Terpening serves as a facility director.

Criminal sexual misconduct charges - especially ones involving youth - are some of the most serious sex crimes offenses. If you are facing any sex crimes charges it is crucial to act immediately to contact an aggressive and experienced Michigan sex crimes defense attorney. Retaining a dedicated Michigan sex crimes firm is necessary to protect your future and your reputation. Often individuals charged with these types of crimes are presumed guilty in the media before they have a chance to present their criminal defense.

Terpening was originally charged with nine sex crimes charges, but this was changed to eleven as two more alleged victims have come forward. Now the counts include two counts of third-degree criminal sexual conduct, five counts of fourth degree criminal sexual conduct. Criminal sexual conduct third-degree is sometimes referred to by lay people as statutory rape. Criminal sexual conduct fourth degree involves touching of a sexual nature of an intimate body part without penetration. Terpening is also charged with one count of assault to commit sexual penetration and three counts of aggravated indecent exposure. Sexual assault is generally charged as a type of criminal sexual conduct with the specific charges and penalties depending on the facts allege and prosecutorial discretion. Aggravated indecent exposure is a serious crime. While indecent exposure is generally a misdemeanor, where the count is considered aggravated, such as if the person is fondling himself or herself, or is a sexually delinquent person, the potential penalties increase significantly and may include a lengthy prison term.

An aggressive Michigan sex crimes defense lawyer can advise you of your rights and explain the consequences of each sex crimes charge on your future and your freedom.

Continue reading "Barry County Youth Director Charged With Criminal Sexual Conduct" »

Detroit News reports that a Wayne County judge has removed a man's name from the sex crimes registry after he successfully petitioned the court. Kenneth Thornberry, now 26, went to prison in 2005 as the result of having consensual sex with his girlfriend of two years. He was 18 and she was 14-years-old at the time.

Under Michigan law, minors under the age of 16 cannot legally "consent" to having sex despite the fact that he or she may be a willing participant in the sexual activity. In fact, many incidents of alleged statutory rape occur in "Romeo/Juliet" type relationships, where teen boyfriends and girlfriends engage in sexual activity without any criminal intent to commit sexual assault. A charge of statutory rape is classified as criminal sexual conduct third degree and is a serious felony, carrying with it significant consequences if convicted.

If you or someone you love has been charged with statutory rape, it is critical to contact an experienced Michigan sex crimes defense attorney immediately to protect your future and begin preparing your defense.

Here, Thornberry was convicted of criminal sexual conduct and spent 6 years behind bars. His name was also placed on the Michigan Public Sex Offender Registry. Having to register of the sex crimes registry can affect your everyday life and your future, potentially impacting where you live, work, go to school and the types of government programs you qualify for.

Continue reading "Wayne County Judge Removes Detroit Man From Sex Offender Registry" »

Petoskey News reports a 20-year-old Gaylord man may be able to avoid a criminal record despite pleaded guilty to one count of criminal sexual conduct. Under the Michigan Youthful Trainee Act (also known as the Holmes Youthful Trainee Act), individuals aged 17-20 may avoid a criminal record after successful completion of their sentence.

If you have been charged with any sex crime, it is important to contact an aggressive Michigan sex crimes lawyer immediately to begin investigating the charges against you and go to work on preparing your defense. A skilled Michigan sex offense attorney can advise you on options available and the best course of action in your case, such as participation in the Youthful Trainee Act.

Under the Youthful Trainee Act, a judge may place youths alleged to have committed a crime, including sex crimes such as criminal sexual conduct, indecent exposure or sexual assault, on probation or in jail without a criminal record if they complete the program. Some exceptions exist to participation in the program, such as if you have been charged with a felony that has a punishment of life imprisonment, traffic offenses or major controlled substances. Also, youths with sentences in excess of three years in prison or probation generally cannot participate in the program.

An aggressive Michigan sex crimes defense firm can advise you on whether you may be able to participate in the HYTA. The Act was based on the belief that youngster may make mistakes that are errors in judgment but don't warrant a criminal record that may have significant repercussions, including impacting your ability to find a job, where you go to school and in some cases, to live where you choose. Accepting responsibility and pleading guilty is some situations may be a better alternative for some youthful offenders. In most cases participation in the HYTA along with the new sex crimes registry law means that those teens involved in Romeo/Juliet type romances will no longer face the injustice of having to register as a sex offender.

Here, the Gaylord man was accused of criminal sexual conduct based on allegations that he had inappropriately touched a 15-year-old in Elmira Township. In situations such as these, pleading guilty and participating in the HYTA program may provide the best result.

Other times, the best strategy may be to fight the charges. The reality is that many people are falsely accused of and charged with committing criminal sexual conduct. Under Michigan law, charges may be brought based only on allegations without any physical evidence or supporting evidence. Often after the true motivation is uncovered for making the allegations - sometimes it's a jilted boyfriend or girlfriend, or an upset parent - the charges are dropped. After reviewing the facts and conducting an investigation, an aggressive sex crime defense attorney can advise you regarding the best option in your case.

Continue reading "Criminal Record For Criminal Sexual Conduct May Be Erased For Those Who Participate In Michigan's Youthful Trainee Act" »

A recent article in the Detroit Free Press underscores the injustice of Michigan's Sex Offender Registry and the continuing red-tape that affects individuals whose name are on the list. According to the article, Justin Fawcett - a 17-year-old Bloomfield Hills student - had to register after having consensual sex with another student.

Fawcett was distraught due to the impact placement of one's name on the sex crime registry can have - it may impact job opportunities, where you may live, the ability to obtain student loans, as well as carrying a significant social stigma. Fawcett killed himself shortly after he was required to register.

Although the sex crimes registry law was initially intended for sexual predators, many nonviolent offenders such as Fawcett were included on the list. Thankfully, significant amendments recently have been made to the sex registration law. However in law enforcement's attempt to implement the changes, substantial red tape exists. The Free Press reports that Fawcett's family just received a letter informing them that Justin's name would be removed from the public list, despite the fact that he died 7 years ago. The letter underscores the complicated process required to get your name off the list. If your name is on the list, an experienced Michigan sex crimes registration defense attorney can help.

Continue reading "Sex Offender Registry Red-Tape And Injustice Continues For Nonviolent Offenders " »