This past Tuesday a Calhoun County judge heard argument concerning whether Lorinda Swain will get a new trial. Swain was convicted in 2002 on four counts of criminal sexual conduct – 1st degree for allegedly molesting her then-13-year-old son. Criminal sexual conduct (CSC) refers to a group of sexual crimes including rape, statutory rape and child molestation that are categorized into four degrees. The potential penalties for CSC depend on the nature of the charge. Swain was convicted of CSC – 1st degree, which is the most serious, and involves some sort of penetration of a sexual nature.
If you have been charged with any criminal sexual offense, it is critical to speak to an aggressive sex crimes defense lawyer in Michigan immediately. Starting an investigation and preparing a vigorous offense as soon as possible is important to protecting your rights and your freedom.
Here, several missteps occurred during the original Swain trial that could have potentially impacted the outcome of trial and been a serious miscarriage of justice. First, an ex-boyfriend who lived in the home at the time of the alleged assault was expected to testify that the abuse never took place. However, this information was not given to the defense before trial began. Additionally, the son recanted his story a few years after the trial.
In August 2009 Swain was released on an appeal. This past October, a Michigan Court of Appeals ruled that there should be a hearing on the new evidence. This week the Calhoun County Court heard argument concerning whether she will get the trial she is entitled to.
In any criminal trial, including a sex crime prosecution, the lawyer you choose can and will make a difference.
For more information or if you have been charged with or are under investigation for any sex crime, contact an aggressive Michigan sex crimes attorney at Grabel & Associates for an immediate consultation.