Michigan Sex Crime Attorneys Blog

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.

Continue reading "Michigan Sex Offender Sweep To Begin Monday" »

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" »

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" »

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 recent editorial in the Detroit Metrotimes calls for the abolition of the Michigan Sex Crimes Registry - calling the registry "a half-baked noble idea that was rushed into law in Lansing - and turned into something dangerously bad." Michigan's registry is similar to "Megan's Laws," which were implemented around the country after Megan Kanka, a New Jersey girl was raped and murdered by a man with a history of convictions for sex crimes who lived across the street. Megan's Law requires that persons convicted of sex crimes against children notify law enforcement of changes of address and employment for long periods of time, often 25 years to life.

However Michigan's sex registration law is more severe, requiring people of all types of "sex crimes" to register, providing drivers license pictures and addresses. As the article points out, not only are violent offenders listed, but also 16-years-olds who have sex with their 15-year-old boyfriend or girlfriend, those who sext, and those arrested for indecent exposure - such as public urination.

Once your name is on the registry, it may be hard to get a job, attend a college of your choice or live wherever you like.

In addition to the inequity and arbitrariness of the registry, studies have shown that it doesn't act as a deterrent to crime. A New Jersey study revealed that the registry had no effect on reducing sexual offenses.

Continue reading "Michigan Sex Offender Registry Needs Reforming" »

This past May, the Michigan Court of Appeals determined that just cause did not exist to fire a school teacher for engaging in sex acts with a male mannequin. As stated by the court, the "coarse conduct" was neither inappropriate nor criminal. The teacher performed the acts during a bachelor/bachelorette party and pictures of her were placed on a website without her consent.

Today, the Michigan Supreme Court entered an order denying review of the decision, signaling that it was not persuaded by the School District that the question should be reviewed. As a result, the Court of Appeals opinion stands and the teacher is allowed to continue her job.

The distinction between what constitutes a permissible sexually related act and a criminal act is a "slippery slope." In some cases, actions that are taken in jest or without intent to harm another may be considered sex crimes. For example, public urination, flashing and streaking are considered "indecent exposure" and punishable as misdemeanors. Here, although school district labeled the actions "lewd," the court was not persuaded. The teacher's actions were performed while off duty, at an adult venue and did not involve any students.

Continue reading "L'Anse Creuse Teacher Cannot Be Fired For Sex Act With Mannequin" »

According to the Birmingham News, a Grand Rapids man, Timothy Ketchapaw, was arrested on Wednesday after being accused of giving massages to women participating in an all-night filming of "Touchback," a movie starring Kurt Russell. In 1997 Ketchapaw was arrested for indecent exposure and being sexually delinquent and was required to place his name on the Michigan Public Sex Offender Registry.

Placement of your name on the sex offender registry may affect your every day life by the loss of job opportunities, disqualification for government programs and the loss of freedom to live or visit where you choose. State law also prohibits those on the registry from being within 1,000 feet of schools. Reporting requirements and restrictions accompanying placement on list can be harsh and severely punish those who don't fully comply.

Here, the film was being shot at Coopersvile High School. If convicted of violating the terms of the school safety zone, Ketchapaw faces up to four years in jail.

Continue reading "Grand Rapids Man On Sex Offender Registry Arrested For Giving Massages " »