If the student is between the age of 13 and 16 at the time of the sexual encounter(s), the teacher could be charged with first degree CSC if there is an allegation that consensual sexual penetration occurred or with second degree CSC criminal sexual conduct if there is an allegation of consensual sexual contact that did not amount to penetration. If the student is between the age of 16 and 18 at the time of the sexual encounter(s), the teacher could be charged with third degree CSC if there is an allegation that consensual sexual penetration occurred or with fourth degree CSC if there is an allegation of consensual sexual contact that did not amount to penetration.

Today, there are a number of students in Michigan who have already reached their 18th birthdays, but are still high school juniors or seniors. This has led to some interesting cases where teachers in Michigan wait until a student turns 18 before engaging in consensual sexual behavior with them, because the teacher knows that Michigan law does not criminalize consensual teacher/student sex once the student has his or her 18th birthday.

Michigan lawmakers noticed this loophole in the Michigan sex crime laws and so the Michigan Senate recently passed Senate Bill 596, which has now been submitted to the Michigan House for review. This bill would make it illegal for school employees to engage in consensual sexual penetration or sexual contact with students, regardless of the age of the student. Essentially, under this bill, if a student is over 16 years old and still in school, a school employee can be charged with criminal sexual conduct in the third or fourth degree (if the student is under the age of 16, the school employee would still likely be charged with CSC in the first or second degree) for having consensual sexual encounters with the student.

Proponents of this bill argue that teachers should not be engaging in sexual relationships, even if the student has already turned 18 years old. They say there is a high probability of the student feeling coerced into engaging in sexual behavior simply because the teacher is in a position of authority over a student. Students may not be able to feel like they can say no to the person who controls their grade.

You can fit me, and probably most sex crime defense attorneys, into the category of people who oppose Senate Bill 596. As a society, we have determined that 18 year-olds are old enough to join the military, carry a gun, vote, and sign legal documentation as an adult. Yet this bill suggests that these same adults, though they are still in school, are not mature enough to consent to sex. It is true that it is probably not the best idea for teachers and 18 year-old or 19 year-old students to be having consensual sex. But something that is a bad idea is not the same as something that should be criminalized.

If this bill passes, I can foresee a slippery slope towards more over-legislation. Michigan lawmakers may decide consensual sex between other groups of adults is a bad idea and outlaw that. For example, employees probably should not have sex with their bosses. But, that does not mean the legislature should get involved and outlaw consensual sex between these parties. Michigan senators and representatives should stick to making laws that help the state of Michigan and its residents, and not regulate the sex life of consenting adults.

–Stephanie M. Service

Stephanie M. Service is a criminal defense attorney at Kronzek & Cronkright, PLLC. She represents clients in all criminal matters, including allegations of criminal sexual conduct.

Michigan criminal laws pertaining to victims of crime are part of The William Van Regenmorter Crime Victim’s Rights Act. This legislation includes details such as: the victim’s right to give a statement to the court for the sentencing, the victim’s entitlement to restitution from the offender, and the victim’s right to prompt return of property after it was used in a police investigation.

We are often asked what it is like to represent people who have been charged with a crime. The truth is that we enjoy what we do and we have been very successful at it. Many people are victims of false allegations from former friends or spouses. One of our strategies may be to put into question the credibility of the complaining witness in a particular case. Other than false allegations, people find themselves wrongfully accused because of incorrect witness identification, unlawful police conduct, or incorrectly analyzed forensic evidence. We also know that each person in the United States is entitled to certain Fourth Amendment rights to be free from unconstitutional searches and seizures. We work to identify any such constitutional violations of our clients’ rights and may try to get illegal evidence gained suppressed in the Michigan court.

When choosing a Michigan criminal defense attorney, it is important to choose one who has gained knowledge through decades of successful criminal defense practice. You do not want to be your attorney’s first criminal case. There is a lot on the line, especially when charged with a felony. At Kronzek & Cronkright, we work tirelessly to defend all of our clients. Contact one of our defense lawyers today at 1-866-766-5245.

Two times, the prosecutors offered a plea deal that would dismiss two of the charges in exchange for a guilty plea to the other two remaining charges. The deal also called for the prosecutor’s recommendation of a 51 to 85 month prison sentence. Though Mr. Cooper did initially express willingness to accept this offer, in the end he did not accept it. After a trial, he was found guilty of all four crimes and sentenced to 185 to 360 months. The reason he did not accept the plea offer was that his attorney told him the prosecutor would not be able to prove that he intended to murder because the victim had only been shot below the waist. The problem is that under Michigan assault law, this assertion is simply incorrect. The attorney had incorrectly and ineffectively advised his client.

Cooper appealed his conviction, stating that he is constitutionally entitled to the effective assistance of counsel. Under federal and Michigan law, a criminal defendant can win a claim of effective assistance of counsel if he or she can show that the attorney’s performance fell below the standard of a reasonable attorney in that situation, and that the defendant was prejudiced because the outcome would have been different if it were not for the deficient performance. Here, Cooper argued that if his attorney had not told him that he cannot be convicted at trial of the assault with intent to murder felony, he would have accepted the plea deal. Five out of the nine United States Supreme Court Justices agreed with Cooper, ruling, “If a plea bargain has been offered, a defendant has the right to effective assistance of counsel in considering whether to accept it. If that right is denied, prejudice can be shown if the loss of the plea opportunity led to a trial resulting in a conviction on more serious charges or the imposition of a more severe sentence.”

As criminal defense attorneys, we applaud this decision by our Supreme Court. This expansion of a criminal defendant’s right to effective assistance is likely to have broad reaching effects throughout Michigan and throughout the country. Defendants are entitled to effective representation and those charged should be able to rely on the advice of their attorney. Plea bargaining is a very important part of the federal and Michigan criminal process, and a defendant should not be prejudiced because of a blatant mistake by their lawyer during plea negotiations. If you are facing criminal charges, contact the Michigan defense attorneys at Kronzek & Cronkright today.

In general, the federal courts use what is called a “subjective test” to determine if an entrapment defense applies. This test is considerably different than the one applied by Michigan state courts, which implements the “objective test.” The difference between the objective test and the subjective test is whether or not the accused was predisposed to commit the crime. This means the federal court will inquire into a particular defendant’s predisposition to commit the crime in question.

The federal court applies a two-prong test for determining when a person has been entrapped: (1) government inducement of the crime, and (2) a lack of predisposition on the part of the defendant to engage in the crime. Under the first prong, the police can undertake clandestine operations to detect and expose consensual crimes (for example, a female officer posing as a prostitute on the side of the road). Under the second prong, the person’s predisposition is under review. If the evidence establishes that the defendant was ready and willing to commit the offense at any favorable opportunity, the defendant is deemed “predisposed” and has not been entrapped. On the other hand, if the defendant was not predisposed but was lured into committing the crime by agents of the government, the defendant has been entrapped.

In contrast, Michigan state courts apply an objective test. The objective test makes it easier for defense to establish entrapment because it is the conduct of the police that is focused on, such as investigative techniques and the procedures used to gather evidence, rather than the defendant’s predisposition to commit the crime. In the objective approach, the accused’s state of mind is a factor to be considered, but not with the weight given to it by the subjective approach.

In conclusion, it is more difficult to establish entrapment in the federal courts than it is in Michigan state courts. Not only will you have to show the police acted egregiously, you will also have to show that the defendant is not predisposed to commit the crime in question. However, in either case, entrapment is still difficult to prove. This is why you need to consult with a skilled and experienced criminal defense attorney that knows how to effectively present an entrapment defense at an evidentiary hearing or trial. A judge may suppress the evidence used against you, which could result in a dismissal of charges. Conversely, the judge may allow you present an entrapment defense if your case proceeds to jury trial.

At Kronzek & Cronkright, PLLC, our criminal defense team is well-versed in the areas of entrapment under both the state of Michigan standards and the standards applied in the federal courts. As a criminal defense attorney, and as a former Oakland County Assistant Prosecuting Attorney, I have litigated a wide variety of issues related to constitutional violations by police officers. These issues can be extremely important to our clients. If you think your rights have been violated due to entrapment or some other issue and want to retain an attorney to help you with your case, I would be happy to discuss the matter with you. Our firm represents clients in all Michigan courts as well as the Western District of Michigan and the Eastern District of Michigan.

- Joseph Gammicchia

Mr. Gammicchia is a Criminal Defense Attorney with Kronzek & Cronkright. He is a former Oakland County assistant prosecutor, and focuses on Criminal Defense matters.

Police executed a search warrant after making several undercover purchases from a resident of the apartment. The suspect, Christopher Bell, was arrested and recently charged with several felony counts relating to heroin delivery and heroin possession. He was already on probation for a 2010 heroin arrest.

At the time of the search, police saw that a woman and her 2-year-old child were in the apartment at the time. Child Protective Services workers removed the child from the home and placed the child elsewhere. Any time a child is found in a home where drugs are allegedly being sold, CPS is likely to—at least temporarily—remove the child from the home.

If you find yourself needing a drug crime defense lawyer or family protection lawyer, contact the skilled and experienced attorneys at Kronzek & Cronkright: 866-766-5245.

Legal scholars across the United States have debated whether password-protected information is safe from law enforcement subpoenas. Prosecutors liken computer passwords to possessing a key for a safe filled with incriminating documents. In many circumstances, a person could be legally compelled to hand over the key, even if the documents inside the safe are incriminating.

As Michigan criminal defense attorneys, on the other hand, feel computer passwords are testimonial communications that are shielded from law enforcement by the Fifth Amendment. Courts have held that contents of a defendant’s mind are protected, so an argument can be made that the password is protected, too. Whose side do you take? Do you think Ms. Fricosu should be required to decrypt the computer? Did Judge Blackburn go too far in helping the police?

As top criminal defense attorneys, we know that drug charges are quite serious, especially for the harder drugs like Cocaine and Crack Cocaine. We can understand why the older brother was worried about spending years in prison if convicted of the controlled substance charge. However, we would not recommend destroying evidence of criminal activity, and especially not if doing so puts another person’s life in danger. Now, the older brother faces even harsher consequences if convicted of the homicide charge.

People charged with such serious offenses need the help of a highly-skilled criminal defense lawyer. An attorney can help a defendant navigate the often-intimidating criminal justice system. Also, the attorney will work very hard to achieve a positive outcome in the case. Don’t hesitate to contact a criminal defense attorney if you are being investigated for criminal activity, or if you have already been charged with a crime.

Later that evening, one of the boys went to the Hastings Police Department to file a complaint against the other boy. He told officers about the teacher throwing hot tea and showed them marks on his shoulder that are consistent with burn marks one would get from hot liquid. The Hastings Police Department plans on forwarding the results of their investigation to the Barry County Prosecutor’s Office. Both the teacher and one of the students face assault charges and could spend up to 93 days in jail or possibly more, depending on the specific charge. Do you think this teacher should be charged with assault?

As top criminal defense lawyers, we know that being charged with assault in Michigan is a serious situation. The penalties for an assault conviction depend on whether the assault was charged as simple misdemeanor assault, aggravated assault or as felonious assault. Certain aggravating factors, such as the use of a weapon, can raise the assault charge from a misdemeanor to a felony. Teachers and other professionals facing assault charges may lose their jobs and their ability to earn a living.

Convictions for assault can lead to jail or prison time. That is why you want the best of the best when it comes to legal representation. Our attorneys will be by your side during every step of the legal process, working to achieve a favorable outcome in the case. Don’t wait until it is too late. Contact us today at 1 866-766-5245.

The federal statute numbered 18 U.S.C. §922(g) prohibits certain classes of individuals from shipping, transporting, receiving, or possessing firearms or ammunition. One of those classes includes people who are unlawful users of, or addicted to, any controlled substance. Under the federal drug scheduling laws, marijuana is classified as an illegal Schedule 1 controlled substance. Until recently, there was a question of whether this class of people who cannot ship, transport, receive, or possess firearms or ammunition under federal law includes those people who are legal medical pot patients in states like Michigan. But, the federal Bureau of Alcohol, Tobacco, Firearms and Explosives answered this question in a memo sent out last September. The memo states, “Therefore, any person who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana for medicinal purposes, is an unlawful user of or addicted to a controlled substance, and is prohibited by Federal law from possessing firearms or ammunition.”

The firearms lawyers at Kronzek & Cronkright, PLLC are aware that many gun shop owners and operators are now asking gun purchasers whether they are medical cannabis patients. The shop owners do not want to get into trouble for selling a firearm or ammunition to a person they know or have reasonable cause to believe is an unlawful user of or addicted to an illegal controlled substance. Selling guns or ammo to a medical marijuana user is a violation of federal law.

For many medical marijuana patients, it is tough to hear that they can no longer possess, transport, ship, or receive guns while they are legal patients. Some may even choose to give up their patient status and stop using weed altogether in favor of keeping their firearms rights. If you are facing this choice, it would be a good idea to contact a criminal defense attorney.

In Michigan, it is already illegal in most circumstances to “read, manually type, or send a text message on a wireless 2-way communication device that is located in the person’s hand or in the person’s lap.” Violations of this law are civil traffic infractions, meaning there is no potential for imprisonment as part of the punishment. A first violation of this law will result in a $100 fine, while a second or subsequent violation will result in a $200 fine. However, if reading or sending a text message causes a driver to become distracted and the driver gets in an accident or injures or kills another person, it can result in a criminal charge, such as reckless driving or involuntary manslaughter.

As top criminal defense attorneys, we wonder whether Michigan will follow any of the NTSB’s recommendations and outlaw all types of cell phone use when driving. If Michigan lawmakers do choose to make this activity illegal, we wonder if it will be in the form of criminal violations or just civil infractions like the texting ban.

Any time a person is being investigated for any type of traffic offense, they should contact a skilled attorney immediately.