Michigan Sex Crime Attorneys Blog

Increasingly parents across the country are recognizing what many criminal defense attorneys in Michigan have been arguing for years - jailing teens for sex offenses is unfair and often significantly out of proportion to the crime. A recent teen sex crimes article chronicles one family's journey after a Royal Oak teen was sent to prison for "failing in love with a teenage girl."

The article reviewed the case of Ken Baldino, an 18-year-old senior in a Michigan high school who was arrested for having sex with his girlfriend who was a 14-year-old freshman. In Michigan, the age of consent is 16. Baldino was convicted for criminal sexual conduct and was sentenced to one year in jail and three years' probation. However while on probation the teens got back together, which was a probation violation, and Baldino was sentenced to 5-15 years in jail.

A sex crimes defense attorney in Michigan can fight back if your teen has been charged with any sex offense.

Baldino's mother Francie is now part of a parent led rebellion across the country arguing against sex-offender laws that rather than just protecting children in many cases ruin - or significantly adversely affect - their teens lives' by imposing punishments way out of proportion to the crime.

Baldino spent six years in jail and now must wear a GPS tracking device. Francie Baldino is now part of an organization fighting prosecutions for "Romeo-Juliet" type sex offenses. Although in many situations the questions are complex, as stated by Baldino "the law should treat teenage lovers differently from pedophiles or violent sexual predators. The punishment is too extreme for kids. It's a system that's not working."

Continue reading "Jailing Teens For Sex Offenses Often Unfair, Unjust" »

A recent homeless sex offender case determined that homeless shelters do not constitute "residences," and as a result, sex offenders may spend the night in shelters located within 1,000 of school. This decision comes as the result of a long debate after the tragic death of a man denied entrance to a shelter because of a distant sexual assault conviction. The 51-year-old man froze to death after being turned away.

Here, a Grand Rapids homeless shelter denied Thomas Pauli was a place to sleep on a cold January night in 2009 based on Michigan law preventing individuals listed on the Sex Offender Registry from living within 1,000 feet of a school. However, U.S. District Judge Gordon Quist issued a narrow ruling determining that homeless people do not "reside" in emergency shelters if they only go there at night to sleep and have no guarantee of a place to stay on any given night.

As stated in a recent Battle Creek editorial, "In pursuit of safeguards, we sometimes have legislated policies that instead of ensuring public safety, unduly harm those whose actions do not warrant harsh punishment...Overly strict policies can have tragic consequences." Judge Quist's ruling not only "seeks to clarify the law, it is the only compassionate decision that can be made."

Continue reading "Court Determines Sex Offenders May Stay In Homeless Shelters Near Schools In Poe et al v. Granholm " »

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" »

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

Continue reading "Reverse Ypsilanti Prostitution Sting Leads To Arrest Of 6" »

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."

Continue reading "Sex Offender Registry Study Casts Doubt On The Effectiveness Of Public Notification " »

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.

Continue reading "Huron County Court Sets Aside Criminal Sexual Conduct Conviction In Adkins Case" »

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" »

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 " »

The Michigan Supreme Court has recently ruled that homeless sex offenders must report where they live under the Michigan Sex Offender Registry Act (SORA). A divided Supreme Court wrote that homelessness "in no way prevents (an) offender from physically entering a law enforcement agency and truthfully reporting information regarding the offender's residence."

If you have if you have been charged with a sex crime or have questions concerning Michigan sex offender registration, it is important to speak with a Michigan sex crimes defense attorney to help ensure you follow the proper procedures and prepare an aggressive defense.

The recent Supreme Court case arose out of a situation where Randall Dowdy, a man who had served 18 years in prison for kidnapping and rape, was charged with violating sex crimes registration laws when he failed to report his whereabouts and change of address after leaving a Lansing shelter. Although requirements exist that sex offenders contact law enforcement every four months to provide a residential address, Dowdy did not do so because as a homeless man, he had no address. The charges against him were dropped by an Ingham County judge and affirmed by the court of appeals precisely because residency reporting requirements cannot logically be applied to a sex offender without a residence.

Continue reading "Homeless Sex Offenders Required To Register" »

Thanks to much needed legislative changes, the Michigan Sex Offender registry will be adding new information concerning those individuals listed on the registry in an effort to provide a more complete picture of each person - including new information about employment, vehicle information and email addresses. News reports that the effort to implement the new sex offender verification procedures is tying up law enforcement agencies - requiring two to three times more staff than usual.

If you are required to have your name placed on the Michigan sex crimes registry, it is important to contact an experienced Michigan sex crimes registry attorney to ensure you meet all required guidelines. Although some additional effort may be required to comply with the new law, in the long run the new system is intended to provide a more accurate reflection of each individual's risk - providing more freedom of movement to those grouped as less serious offenders.

In addition to providing registry information such as vehicle and employment information, sex offenders are required to have palm prints on file with the Michigan State Police to be forwarded to the Federal Bureau of Investigation, as well as all social media account, screen names and passwords.

Continue reading "Michigan Sex Registry Changes Effective July 1 Require More Information" »

Lake Michigan College has recently announced that a student who had been expelled because his name was listed on the Michigan sex registry will be allowed to stay on campus. Another student who had also been expelled was reinstated last year. The change in policy comes as the result of legal action brought by the American Civil Liberties Union challenging LMC's policy barred students who had been convicted of sex crimes involving children from attending their classes. At the time, three students were identified as having been convicted of sex crimes with children and faced expulsion.

The policy drew significant criticism due to its blanket approach and the fact that it singled-out individuals without regard to the specific nature of the crime or an evaluation of the surrounding circumstances.

The policy was revised in June to include all sex offenders and those individuals convicted of felonies from attending classes on campus. However, it was amended to provide an opportunity for students to request a hearing to review their individual cases.

Although the new policy still requires individuals go through hoops, a representative notes, "It's a ... more reasoned and appropriate approach to dealing with student who have any criminal background, including sex offenses and other crimes." An ACLU representative adds, "We support out colleges and universities in their efforts to screen out students who may pose a threat...However, a blanket ban that doesn't take into account a student's risk level, age of the offense and rehabilitation efforts is unfair and illegal."

Continue reading "Michigan Registered Sex Offenders Allowed Back On Campus" »

Effective July 1, teenagers who have mutually agreed upon sex with a younger teen will no longer be automatically listed on Michigan's sex crimes registry. However, in certain circumstances your teen may still face placement of his or her name on the list. This includes situations such as where the age difference between the teens is more than four years and if allegations exist that sex was coerced.

Previously, teens involved in so-called "Romeo and Juliet" relationships faced having their name listed on the registry for 25 years.

With the new sex crimes registry law in place, teens as well as adults whose names were placed on the list for teenage sexual relations may contact an experienced Michigan sex crimes defense lawyer to petition for removal and to clear their name.

The revised law is a welcome change. The intent of the registry was to advise the public concerning predators but has unfairly grown and expanded to include people whose actions may reflect questionable choices, but are not hardened criminals. Listing often has life-long negative consequences, affecting the direction of a one's life. Having your name of the registry impacts where you live, your employment and even your choice of schools.

Continue reading "New Law Will Keep Teens Off Sex Crimes Registry" »

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" »

After years of criticism and unfair treatment of those convicted of minor sex offenses, the state Senate has approved a bill that will significantly alter the Michigan Sex Offenders Registry.

As a result of the new Michigan sex crimes registry legislation, juvenile offenders will no longer make the public list. Those involved in "Romeo and Juliet" cases - where consenting teens have sex - will not be placed on the list as long as the number of years separating the youths is no more than four years.

Other changes include categorizing the offenders into Tiers, with the most serious on Tier 3. Tier 1 offenders may be able to petition for removal after 10 years for good behavior. The reforms will put Michigan's registry in compliance with the federal Adam Walsh Act.

The sex crimes registry was originally intended to notify citizens if a child predator lives in the area. However, predators only represent a small slice of the nearly 40,000 names on the list, with some people's names remaining on the list long after their misdemeanor convictions were expunged by the courts.

Supporters applaud the changes for making Michigan's sex offender registry less "brutal and stigmatizing" for teenagers, but note that more reforms are necessary to avoid unjust consequences.

As stated in a recent editorial published in the Detroit Free Press, "Getting rid of Romeo and Juliet cases should jump-start a broader debate on how to refine and improve and overreaching requirement that no longer serves its intended purpose."

Continue reading "Michigan Sex Crimes Registry Reforms Adopted By Senate" »