Muskegon news reports that a man who has been imprisoned for three years for criminal sexual conduct must be allowed to withdraw his no contest plea. In Michigan v. Coles, David Mark Coles plead no contest to two counts of second-degree criminal sexual conduct with a victim younger than 13.
Michigan law, MCL 750.520c provides that criminal sexual conduct in the second degree is a felony subject to up to 15 years in prison.
In addition to a potentially harsh prison sentence, Michigan law mandates lifetime electronic monitoring after prison following first- or second-degree criminal sexual conduct convictions.
If you are under investigation for, or have been charged with any Michigan sex crime – including criminal sexual conduct – it is important to consult with an aggressive Michigan sex crimes attorney right away.
In 2009, Muskegon County 14th Circuit Judge William C. Marietti denied Cole ‘s request to withdraw his plea at the time of sentencing. Cole argued that his plea had been involuntary because Maretti had not informed him of the lifetime monitoring penalty.
However, in 2011 the Court of Appeals reversed Marietti’s decision. This past Friday the Supreme Court unanimously agreed.
The appeals court, supported now by the Supreme Court, decided Marietti erred because his failure to inform Cole of the full consequences meant Cole’s pleas had not been “knowing, intelligent and understanding.”
For more information or if you or a loved one has been charged with a Michigan sex crime, contact the top Michigan sex crimes attorneys at Grabel & Associates immediately for a free consultation.