September 2011 Archives

Teen Charged In Sexual Assault At C.S. Mott Children's Hospital

September 30, 2011

The Detroit Free Press reports that a 17-year-old boy will be charged today in connection with a sexual assault that allegedly took place at the University of Michigan C.S. Mott Children's Hospital in Ann Arbor.

The boy is facing three separate charges. He is being charged with assault with intent to commit a penetration, a ten-year felony. He also faces second-degree criminal sexual conduct and fourth degree criminal sexual conduct charges. Second-degree criminal sexual conduct involves touching of a sexual nature of an intimate body part without some form of penetration. If convicted, he could face up to five years in prison. The teen also faces fourth-degree criminal sexual assault charges, which carry a penalty of two years in jail.

If you are under investigation for or have been charged with any Michigan sex crime, it is critical to contact an experienced Michigan criminal sexual conduct defense lawyer immediately to investigate the allegations and begin preparing your defense.

Here, many factors affect the charges facing the teen. First, special circumstances surround the boy's arraignment. The suspect is still a minor and will be arraigned via video. Additionally reports indicate that while police have now identified him as 17-years-old, he was earlier classified him as an adult. Court records list the boy as homeless. News sources state that suspect was visiting someone else when the attack occurred.

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Quincy Board of Education Hears Comments Regarding Branch County Teen Accused Of Criminal Sexual Conduct

September 20, 2011

In a teen criminal sexual conduct case that has received national attention, the Quincy Board of Education met yesterday to determine whether a 17-year-old Quincy High School senior accused of statutory rape may continue playing on the varsity football teen. The 17-year-old has not been convicted of any sex crime.

Whenever an individual is under investigation for or accused of a sex crime, speaking to an aggressive Michigan sex crimes defense lawyer immediately is critical to protect your reputation and begin preparing a vigorous defense. Sex crimes charges often create a social stigma - stirring up communities and debate - even before the allegations have been investigated and you've had a chance to defend yourself. A knowledgeable sex crimes defense law firm can get to work right away to safeguard your rights.

Here, the youth was charge with third degree criminal sexual conduct, sometimes referred to as statutory rape. CSC 3rd degree involves some sort of penetration of the alleged victim, but is a lesser crime than 1st degree criminal sexual conduct (also referred to as rape) or 2d degree criminal sexual conduct. Although all the facts and circumstances of this case are unknown, teenage sex cases often involve harsh consequences and unjust results. Many times, the conduct of two teens involved in a consensual relationship turns into criminal sexual conduct charges where one of the teens is older than 16 and one is younger. Even if the person under 16 years of age says yes, if the partner is older, he or she may be charged with statutory rape. A conviction of statutory rape carries harsh consequences - up to 15 years in jail.

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Huron County Court Sets Aside Criminal Sexual Conduct Conviction In Adkins Case

September 13, 2011

The Huron Daily Tribune reports that the Huron County Court determined on Monday to set aside the 2006 fourth degree criminal sexual conduct conviction of Kenneth Adkins. Criminal sexual conduct is a general term referring to sex crimes that are categorized into four degrees - criminal sexual conduct first degree, criminal sexual conduct second degree, criminal sexual conduct third degree and criminal sexual conduct fourth degree. Criminal sexual conduct fourth degree fourth degree refers to sexual touching of an intimate body part without penetration.

If you are under investigation for or have been charged with any form of criminal sexual conduct, it is crucial to speak to an aggressive Michigan sex crimes defense attorney right away to protect your rights and begin preparing your defense.

Here, a Huron County jury convicted Adkins of the sex crime for allegedly making advances to a part-time dietary aid and reaching his hands down the front of her pants. He was sentenced to 90 days in jail, probation of 30 months and must register on the Michigan sex crimes registry for 15 years from the date of the offense.

On Monday, Adkins was in court seeking to set aside his conviction - sometimes referred to as an expungement. Expungements may be possible in certain sex crimes if you only have one conviction and your conviction is for a lesser sex offense. The guidelines are set for in MCL 780.621 et. seq. and MCL 712A.1. A knowledgeable Michigan sex crimes appeals attorney can advise you whether an expungement is possible in your matter.

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Editorial Points Out Flaws In Eyewitness Testimony, Supports State v. Henderson

September 5, 2011

Last week, the Detroit Free Press published an important editorial concerning the problems with eye witness testimony and the serious flaws that occur that may lead to innocent people being sent to jail for sex crimes and other criminal acts they didn't commit. As explained by David Moran, a professor at the University of Michigan's Innocence Clinic, "Of the more than 250 people exonerated by DNA evidence in the last 20 years, 75% had been erroneously identified by eyewitnesses."

As an example, the article pointed to Ken Wyniemko who spent 14 years in a Macomb County jail for a rape he didn't commit after the victim identified him in a lineup. Wyniemko was eventually cleared by DNA evidence and a man who looked nothing like Wyniemko was charged. The man implicated by DNA evidence was 17-years-younger, taller and significiantly heavier.

A recent New Jersey Supreme Court Case, State v. Henderson, recognized the dangers of eyewitness testimony as unreliable and often subject to suggestive influences that may alter his of her mental image of the perpetrator to match the defendant. As noted in the editorial, the landmark New Jersey Supreme Court decision states "We are convinced from the scientific evidence in the record that memory is malleable, and that an array of variable can affect and dilute the memory and lead to misidentifications."

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