Michigan Criminal Sexual Conduct (Sex Crimes) Attorneys
Michigan Sex Crime Attorneys
In Michigan, rape or sexual assault crimes are generally called criminal sexual conduct or CSC. These charges range between first and fourth degree. Typically, first and third degree CSC involves penetration, while second and fourth degree CSC charges result from contact of some other nature. This is an area of the law where false allegations, distortions, and witness manipulation often affect the results of a case, especially with charges involving minors. One form of Criminal Sexual Conduct is commonly referred to as 'statutory rape.' This is the situation where the sexual encounter involves a person who is less than 16 years of age and therefore not legally able to give consent. Statutory rape charges are no less serious than any other rape charge and need to be handled correctly. The charges brought against you will depend on the allegations made, as well as the discretionary decisions of the prosecuting attorney.
The possible penalties for criminal sexual conduct, rape, or child molestation are severe. Prison time for sexual assault crimes can last for decades, with some offenses carrying possible life sentences. Even for convictions of a lesser degree of CSC, the penalties are severe. With few exceptions, anyone convicted of sex related crimes in Michigan will be registered and listed on Michigan's Sex Offender Registry for at least 15 years. Some convicted sex offenders are now subject to mandatory GPS (global positioning satellite) monitoring once they get out of prison. Because most convicted sex offenders are on the online public sex offender registry, they may be subject to considerable harassment and ostracized by society.
The contents of your computer are also subject to search.
Consider carefully the material you allow to show up on your computer, or in your home. In a large number of CSC investigations, police are obtaining search warrants and seizing personal computers and sexually explicit materials. The computer is then sent to the FBI or Michigan State Police crime lab to have the hard drive examined. Much of what is available on the internet can form the basis of a criminal charge if it shows up on your computer. Also, some courts will allow evidence of pornography on a home computer to be admitted even though the allegations have little to do with pornography.
Our Approach: There is Hope for the Falsely Accused
CSC cases are some of the most complicated.
This is because they very often involve 'fact testimony' from the victim as well as testimony from doctors and other supposed experts, such as psychologists and sexual assault nurse examiners (SANE). Some of this 'scientific' evidence is reliable, and some of it is not. Our defense team is both highly trained and extremely experienced in analyzing CSC evidence. Leading up to and during any trial, our aggressive cross-examinations and research are often able to uncover inconsistencies in the testimony of both 'expert' and victim witnesses. This pro-active approach has allowed us to have tremendous success in trial, by educating and persuading juries across Michigan to rule in our client's favor.
Children alleging rape or sexual contact present additional issues.
Children are highly impressionable and can be led to report events that are not true. Even worse, they can be led to believe they are telling the truth when the events they are reporting did not happen. Michigan Children's Protective Service workers, police officers, and children's assessment center investigators are supposed to be trained in the use of the Forensic Interviewing Protocol. Our experience is that many Michigan investigators are notoriously bad at interviewing children, and often aid in the process of eliciting false testimony. Our team of defense lawyers constantly educate themselves on child interview issues. It is critical to stay current with the latest defenses from top rated legal professionals around the country and the world. Our law firm is closely aligned with The National Center for Child Abuse Defense. We also serve as referral attorneys for individuals seeking the center's assistance or advice in their defense. Our extensive network of medical and psychological experts is composed of nationally-recognized authorities. It is with the assistance of these experts that we are able to put our years of experience defending child molestation cases to work. We know and understand the protocols for questioning children, and are able to expose a tainted, leading, or biased questioning process. We are also trained in understanding the fallacies surrounding medical or anatomical evidence. Exposing false allegations is an extremely important aspect of a viable defense to any sexual assault charge. It requires an aggressive and competent team of attorneys, investigators, and scientific experts.
Michigan Criminal Sexual Conduct Attorneys
If You Have Been Charged With CSC
Let's begin with the understanding that the police are not your friends and they are not there to help you. It is legal for the police to lie to you. Promises made by the police are not enforceable. Miranda warnings may not help you, so if the police are investigating:
- Do not talk. Be polite and courteous, but refuse to discuss their investigation with them. You should plainly and repeatedly tell them that you do not want to discuss anything with them, that you are going to remain silent, and that you want an attorney present. Do not allow yourself to be tricked or coerced by the police.
- Police are trained to take advantage of your fears. They will often suggest that only guilty people need an attorney, that if you don't have anything to hide you should be willing to talk to them. This is nonsense! Remember that if someone is trying to put you in prison, it is not a good idea to help them. A much better plan is to let us deal with the police or Children's Protective Services investigator.
- Never consent to anything without the advice of your attorney. This includes giving the police permission to search, take DNA samples, or discuss the case with you.
- Never resist arrest. If a police officer is attempting to arrest you, be polite and cooperative. Inform the officer that you will go along peacefully. It is also important to immediately inform the officer -or any officer that tries to question you– that you do not want to talk without an attorney.
- The only information you should provide without consulting an attorney is necessary biographical information; this includes your full legal name and address. If the police want to fingerprint or photograph you, cooperate fully.
- Inform the officers that you wish to make a telephone call. Get an attorney quickly. If you call family or friends, have them contact an attorney for you. Our criminal defense team is on call at all times of the day and night. You can reach us at 1-866-766-5245.
- Do not discuss your case with anyone other than your attorney. Jail house snitches can hinder or ruin your defense. Well-meaning family and friends can say or do something to hurt your case.
- Post bond as quickly as possible. If you are arraigned and asked how you plead, your response should be, "I stand mute."
- Do not waive any of your rights or your preliminary examination. In a felony case, a district court 'prelim' is required before the case can be moved to circuit court. This hearing is the first chance to make significant progress on your case, and should not be waived without consulting a skilled attorney. Once this chance for a preliminary examination is waived, it is gone forever.
- Finally, meet with your attorney as soon as possible. When you meet with an attorney from our criminal defense team, be completely honest with your version of events. Tell us about any past criminal record or witnesses that might help or hurt your case. Remember that you are the most important part of your defense team.
Michigan Criminal Sexual Conduct Attorneys
Related Topics:
Sexting - The latest fad of sending provocative pictures with cellphones can land you on the Sex Offender Registry.
Pre Arrest Support - If you are facing the possibility of being charged with a Michigan Sex Crime, we may be able to help.
Contact us about your Sex Crime charges! Call us now at 1-866-766-5245.
