October 2011 Archives

Lorinda Swain Wins Right To Present More Evidence In Quest To Overturn Sexual Assault Conviction in State of Michigan v. Swain

October 27, 2011

A Michigan Court of Appeals has ruled that new testimony may be heard in the sexual assault case of Lorinda Swain. Swain is seeking a new trial on sexual assault charges after being convicted by a jury in 2002 of first-degree criminal sexual conduct involving her son. Criminal sexual conduct is a generic term referring to a group of sexual crimes including rape, sexual assault, statutory rape and child molestation. Each degree of criminal sexual conduct offense carries with it different penalties, with first degree being the most serious.

Since her conviction in 2002, Swain has sought to overturn her conviction after discovering new evidence not raised at trial. This past week, a three-judge panel found that lawyers from the University of Michigan's Innocence Clinic should be allowed to present this additional evidence to Calhoun County Circuit Court Judge Conrad Sindt.

Sex crimes charges are serious, and a conviction for criminal sexual conduct can have a significant impact on your future and your freedom. If you have been charged with a Michigan sex crime, it is important to speak with an aggressive Michigan sex crimes defense attorney immediately to begin preparing your defense. Where you have been convicted of a sex crime, a Michigan sex crimes appeals attorney can determine whether appealable issues exists and review the trial record to ensure your side of the case was fully and effectively presented before the jury and weaknesses properly exposed.

Here, several issues were raised on appeal - including the discovery of new, exculpatory evidence.

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Michigan Sex Offender Sweep To Begin Monday

October 20, 2011

A press release from Genesee County reports that the Michigan State Police have begun a statewide sex offender sweep to ensure those people who are required to place their names on the sex offender registry are in compliance with the law. Beginning next Monday, police will conduct searches for offenders who have failed to verify required information such as their current address.

According to sex registry laws, individuals are required to report a "change of name, address, employment, campus enrollment, internet identifiers and vehicle information within three business days of any change." Police reports indicate that about 2,500 people were allegedly in violation of these requirements as of September.

Certain violations of the sex offender registry act constitute a four-year-felony. If you are arrested of have been charged with a violation of the sex registry requirements, obtaining the help of a committed Michigan sex crimes defense attorney is crucial to protect your rights and your future.

Complying with the requirements of the Michigan sex crimes registry act may be confusing and, for many it means keeping up with changes in the law and following its requirements for several years. In fact, several changes went into effect this past spring, requiring sex offenders provide even more information about their identity than before. This includes items such as social security numbers, passport information, vehicle information and employer information. These requirements even extend to non-residents such as students and visitors.

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Reverse Ypsilanti Prostitution Sting Leads To Arrest Of 6

October 14, 2011

Ypsilanti news reports that police have arrested 6 men for allegedly soliciting prostitution as part of a sting conducted in Ypsilanti and Ypsilanti Township last week. The arrests were part of Enforcement Against Street Walking in Ypsilanti (E.A.S.Y.), a program aimed at eliminating the root causes of prostitution. Law enforcement, elected officials and the judicial system have all joined together in this anti-prostitution effort. Sources indicate that at least 5 additional prostitution arrests have been made in that area since May.

In fact, police in Washtenaw County, as well as Wayne, Oakland and Kalamazoo have a reputation for setting up "stings" to lure unsuspecting, law-abiding individuals to solicit a prostitute. As part of the sting, police dress up as prostitutes and arrest individuals who allegedly approach them for their sexual services. Solicitation and prostitution are both illegal - and if arrested for either, individuals face tough penalties and fines. If a second offense occurs, convictions carry with them increased penalties. An experienced Michigan prostitution defense attorney is necessary to fight the charges.

Potential penalties include, but are not limited to:

• Civil forfeitures of property, including your car
• Sexually transmitted disease testing
• Registration as a sex offender under the Michigan Sex Offender Registration Act

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Sex Offender Registry Study Casts Doubt On The Effectiveness Of Public Notification

October 6, 2011

A recent sex offender registry study conducted by a University of Michigan law professor casts doubt on the effectiveness of the public notification aspect of some sex offender registry laws. The study concluded that while requiring convicted sex offenders to register with police may reduce the chances an individual will commit another sex crime, when sex offender laws require public notification - such as in Michigan - the chance of repeat offenses actually goes up.

Michigan law requires all individuals convicted of a crime of a sexual nature or certain sex related offense to register as a sex offender. This includes such offenses as criminal sexual conduct, sexual assault, child molestation and abuse and internet sex crimes. The Michigan Sex Offender Registry Act (SORA) also requires individuals to have their identities, including current addresses and other identifying information, published on the Michigan Public Sex Offenders Registry (PSOR). This information is open to the general pubic and is searchable via the Internet.

If you've been charged with a Michigan sex offense, it is imperative you contact an experienced Michigan sex crime defense attorney to prepare a vigorous defense and fight to keep your name off the sex crimes registry.

According to the latest study - these public notification requirements actually increase the chances an individual will commit a subsequent sex crime. The authors found that while registering as a sex offender with the police may help recidivism by allowing police to monitor behavior, making this information public may weaken public safety. Research showed that in jurisdictions where offenders' identities were known, the deterrent benefit of registering was "more than offset by released offenders' tendency to commit new crimes when subjected to notification requirements." Further, jurisdictions with notification laws had higher overall rates of sex crimes. The authors explained "notification requirements actually seem to encourage [repeat offenses] because the associated psychological, social, or financial costs (of notification requirements) make a crime-free life relatively less desirable."

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