Michigan Criminal Lawyers Blog

The Louisiana District Court has just struck down a law banning registered sex offenders from accessing facebook and other social-networking sites. In John Doe v. Bobby Jindahl the Louisiana District Court threw out the newly enacted state law as unreasonable and unconstitutional. The court pointed to the statute's use of the definition "chat room" as too broad - noting that it could be used to include the "court's own federal website."

The lawsuit was filed on behalf of two registered sex offenders challenging a Louisiana law against the "unlawful use or access of social media." Pursuant to this law, registered sex offenders who were previously convicted of crimes involving minors or juveniles are prohibited from "using or accessing of social networking websites, chat rooms, and peer-to-peer networks." If you are under investigation for or have been charged with any sex crime, consulting with a knowledgeable Michigan criminal defense lawyer is important to protect your rights and determine your next steps.

In the decision Chief Judge Brian Jackson wrote, "Although the Act is intended to promote the legitimate and compelling state interest of protecting minors from internet predators, the near total ban on internet access imposed by the Act unreasonable restricts many ordinary activities that have become important to everyday life in today's world...The sweeping restrictions on the use of internet for purposes completely unrelated to the activities sought to be banned by the Act imposed severe and unwarranted restraints on constitutionally protected speech. More focused restrictions that are narrowly tailored to address the specific conduct sought to be proscribed should be pursued."

Currently, Michigan does not have a law prohibiting sex offenders from social networking sites. However, in 2009 legislation - House Bill No. 5282 - was introduced seeking to criminalize the use of social network by those convicted of a sex crime against a child. Under this law it would be it a five-year felony for a person convicted of a crime against a minor, or a person the convicted offender thought was a minor, to become involved in or use social networking sites that allow minors to have accounts or access.

Continue reading "Law Banning Sex Offenders From Social Networking Sites Struck Down In Doe v. Jindahl " »

The sixth circuit has vacated a recent sentence in an Ohio sex crimes case concerning child pornography. In United States of America v. Inman the Court of Appeals for the sixth circuit, which includes Michigan, reviewed the sentence of a man who pleaded guilty to possession of child pornography, 18 U.S.C. 2252(a)(4)(B).

Being under investigation or charged with any sex crime is serious and may significantly affect your future and freedom. Here, where the alleged crime is child pornography, an individual may face jail time and having to place his or her name on the Michigan sex crimes registry.

In United States v. Inman, the Sixth Circuit Court of Appeals reviewed the district court's sentencing of Brandon Inman after he admitted to possession of a computer thumb drive containing images of minors engaged in sexually explicit conduct. Although both parties in this case requested Inman be given a ten-year term of supervised release, the court ordered a lifetime term of supervised release with standard and special measures, including drug testing. The court failed to provide any reasons for the term of the release or the imposition of the special measures.

On appeal, the 6th circuit reviewed whether it was plain error to impose such a sentence with no rationale. USC Sec.3553(a) requires that courts consider numerous factors in determining the length of supervised release imposed, including the history and characteristics of a defendant and the need for the sentence.

To determine whether the lower court erred in imposing the sentence, the court of appeals evaluated whether the decision was a clear and obvious error affecting Inman's substantial rights and whether the decision affected the "fairness, integrity, or public reputation of his judicial proceedings." The court noted, "the record does not demonstrate that the district court considered any of the pertinent Sec. 3553 factors" and also failed to explain many of the conditions imposed on the supervised release. As a result, the court of appeals determined that the order must be vacated.

Continue reading "Child Pornography Sentence Vacated " »

The Michigan Supreme Court has decided against hearing argument in a controversial Allegan County witness screen case.

In People v. Rose, a western Michigan man, Ronald Rose, was accused of sexually assaulting an 8-year-old girl. At trial, a one-way screen was placed between the witness and Rose, ostensibly because she was scared of testifying. However, in doing so not only was Rose denied his 6th Amendment right to confront his accuser, but the action was also highly prejudicial. As a result, Rose should be entitled to a new trial.

The U.S. Constitution provides many protections designed to ensure criminal defendants are given a fair trial. One of these protections is the 6th Amendment, which provides that a defendant is entitled to be confronted with the witnesses against him. While MCL 600.123 expressly provides alternative for child testimony, the use of a screen is not one of them. In fact, as described by Scott Grabel, a Michigan criminal defense lawyer, the use of the screen was more like a theatrical prop and was "the most prejudicial thing he'd ever seen in a criminal trial."

The visual of seeing a screen placed between the accuser and the defendant highlighted the "witness's apparent fear of directly facing defendant...Permitting the screen sent the jury the message that the court deemed the witness to be worthy of protection from the defendant," stated Supreme Court Justice Marilyn Kelly. Other less prejudicial alternatives exist to protect child witnesses, such as using videotape testimony. In these instances a jury may conclude that a child is scared of testifying and the criminal court system, rather than being scared of a particular defendant.

Continue reading "Michigan Supreme Court Declines To Hear Whether Witness Screen Violates Confrontation Clause In People v. Rose " »

The Michigan Supreme Court has agreed to hear argument concerning the case of a Rochester Hills man who was convicted of second-degree criminal sexual assault in 2006 by an Oakland County Circuit Court judge. In State v. Trakhtenberg Judge Deborah Tyner found Jacob Trakhtenberg guilty of sexual assault following a 55-minute trial before the judge. No jury was present and Trakhtenberg's lawyer did not make an opening statement or call any witnesses.

If you are under investigation for a Michigan crime, including any type of sex crime, it is important to consult with an aggressive criminal defense lawyer in Michigan to ensure you receive high quality representation and the best possible chance at getting charges dismissed or reduced.

Michigan criminal law divides criminal sexual conduct into categories, with criminal sexual conduct (CSC) first degree being the most serious. Criminal sexual conduct 2d degree involves touching of an intimate body part in a sexual manner without penetration. Here Trakhtenberg's ex-wife accused Trakhtenberg of sexually assaulting their 8-year-old daughter, and was convicted of CSC -2d degree. Often finding the true motivation behind allegations of sexual assault may be the key to your defense. According to reports Trakhtenberg and his ex-wife were engaged in a bitter dispute over money, custody and Trakhtenberg's sizeable estate.

In less than an hour and with no witness testimony, Trakhtenberg was found guilty in the sex crime trial and was sentence to 4 to 15 years in jail. Immediately after, his wife sued to gain possession of the estate. A Michigan jury ruled against her and members of the jury indicated that they believed Trakhtenberg was innocent of sexual assault.

Although an Oakland County judge granted Trakhtenberg a new criminal trial in 2010, a Michigan Court of Appeals overturned that decision. The Michigan Supreme Court will now hear argument in the case.

Continue reading "Michigan Supreme Court To Hear Argument In Criminal Sexual Conduct Case in State v. Trakhtenberg " »

The criminal law process can be challenging and in some instances, a conviction may be unavoidable. However, many times the criminal appeals process may be available to help reduce the impact of a conviction or even overturn a poor decision. For example a defendant may be convicted for a crime he or she didn't commit, receive an unfair sentence, or believe that their lawyer did not do as good of a job as he or she should in defending the case. In these and many other situations, it is a good idea to seek out the help of a post-conviction services law firm and have a criminal defense appeals attorney review your matter to determine any issues that may provide the probability of overturning a conviction and grant a person another opportunity to achieve justice and secure his or her freedom.

A frequent complaint - and one that may lead to a new trial - is that of "ineffective assistance of counsel." Ineffective assistance of counsel means that the lawyer who represented you did such a poor job representing a client that his or her "performance fell below an objective standard of reasonableness" and that but for the bad performance, there is a reasonably probable chance that the outcome would have been different.

According to the Michigan Supreme Court, the attorney's actions in Michigan v. Armstrong provide an example of ineffective assistance of counsel.

In Armstrong, a 25-year-old male was charged with engaging in sex crimes with a 15-year-old girl. The 15-year-old and the defendant met three times over the course of several months, during which the sexual assaults occurred. Much of the defense was based on attacking the girl's credibility. For example, the complainant denied speaking with the defendant after the last incident because she wanted "no further contact with the man who had so brutally raped her." However, cell-phone records revealed hundreds of incoming calls from the girl to the defendant. When defense counsel attempted to introduce these records, the prosecution objected for lack of foundation. Defense counsel - who had only practice law for eight months at the time - made no additional efforts to have the records admitted.

During closing argument, the prosecution argued to disregard any evidence of cell phone records because they had not been properly admitted. The jury subsequently convicted the defendant of two counts of third-degree criminal sexual conduct.

Continue reading "Supreme Court Finds Ineffective Assistance Of Counsel In Michigan v. Armstrong " »

This past week, the Michigan Supreme Court agreed to hear the case of David Mark Cole, a Muskegon County man who pleaded no-contest to criminal sexual conduct in 2009. At the time Cole entered his plea, the judge failed to inform him that he may be subject to a lifetime of electronic monitoring.

If you are under investigation for a Michigan crime, including criminal sexual conduct, it is important to enlist the help of an aggressive Michigan criminal defense law firm right away. An experienced Michigan criminal defense attorney can begin an investigation immediately into the charges and protect your rights. Remember - your rights are implicated at each step of a criminal investigation, even before your first contact through charges, trial and sentencing.

Here, in People v. Cole, Cole entered a plea of nolo contendere to two counts of possession of child sexually abusive materials and two counts of using a computer to commit a crime, MCL 750.145(c)(4) and MCL 752.797(3)(d) respectively. Child pornography allegations are ugly. Unfortunately, these charges may impact your reputation even without a conviction. It's important to fight back right away. As the result of Cole's plea, a Muskegon County judge sentenced him to 17 months to 4 years for the child sexually abusive convictions and 23 months to 7 years for computer usage convictions.

Recently, police officers and other law enforcement officials have been cracking down on people for sex crimes for using their own computer in the privacy of their own home. Too often individuals are wrongly charged for inadvertently downloading child pornography while using their computer for legal purposes. Police and FBI efforts to entrap individuals to unwittingly share files or solicit minors is illegal. If you believe you were unfairly targeted or entrapped you need an aggressive Michigan criminal defense lawyer to fight back and keep you out of jail.

In addition to the prison sentence, the trial court imposed a lifetime of electronic monitoring. Although Michigan electronic monitoring does not "track" offenders, it monitors the whereabouts of individuals, it provides law enforcement a way to enforce curfews and supervise where individuals travel.

Continue reading "Michigan Supreme Court Agrees To Review No-Contest Plea In People of Michigan v. David Mark Cole " »

In a recent case the 6th Circuit Court of Appeals, which includes Michigan, the court reviewed the sentence imposed on a man convicted of possessing child pornography, receipt of visual depictions of minors engaged in sexually explicit conduct and possession of child pornography. In United States v. Dudeck, Gary Dudeck He received a concurrent 120-month prison term for each count. At issue is whether the man's sentences for "receipt of child pornography" and "possession of child pornography" were based on receiving the same images.

An experienced Michigan criminal defense lawyer is necessary if you are under investigation for or have been charged with any type of sex crime - including any charges related to child pornography. In addition to facing potential serious circumstances such as jail time and being required to place your name on the Michigan sex crimes registry, the allegations alone may harm your reputation. Child pornography charges are ugly that may stick with you for a lifetime, unless you fight vigorously to keep a conviction of your record. Contacting a Michigan child pornography defense attorney right away is important to begin preparing your defense and protect your reputation.

Here Dudeck allegedly downloaded images of child pornography to his computer and stored the images in his directory. He also allegedly downloaded thirty-three videos depicting sexual acts between adult men and prepubescent girls, as well as intercourse between prepubescent boys.

In Michigan, police and prosecutors frequently charge people for internet sex crimes while using their own computer in their own home. Many times, innocent people are charged for inadvertently downloading child pornography and other illegal files. Police and FBI stings that entrap honest people in the act of sharing files are illegal. An aggressive internet sex crimes defense firm can fight back.

Continue reading "6th Circuit Reviews Possession Of Child Pornography Sentence in United States v. Dudeck" »

Kent County news reports that a soccer coach has been arrested for sexual abuse of a child. He is the fourth Michigan man entrusted with children to be arrested in just two days. These charges are serious and unfortunately many are quick to judge - assuming the men are guilty before having had a chance to tell their side of the story.

If you have been charged with an offense involving a child, such as child molestation, sexual abuse or child pornography, it is important to contact an aggressive Michigan child molestation defense attorney at once to begin preparing your defense and protect your reputation.

In certain situations, criminal allegations involving children - such a sexual abuse or molestation - are used to gain leverage in child custody battles or other underlying motivation. An experienced child sexual abuse defense lawyer can investigate the changes using innovative strategies to uncover the motivation for making the accusation.

Here - the newspaper reports that the four men arrested include a soccer coach, a former director of a home for troubled teens, a school bus driver and a church pastor. The facts and circumstances of each case are unknown but already much public speculation in the media has begun.

Child molestation cases are particularly sensitive - with different strategies used to confront charges made by underaged victims. It takes a knowledgeable Michigan child sexual assault defense attorney to understand how to fight these charges and get these charges reduced or dropped.

In fact, because the stakes are so high in all cases involving charges of sex crimes, it is important to contact a Michigan sex crimes defense lawyer to begin working on your defense. Many times, over zealous law enforcement and prosecutors anxious to make a name for themselves make errors or missteps in prosecuting charges of sex crimes. Skilled Michigan criminal sexual misconduct lawyers can point out flaws in the evidence or challenge the allegation, with the goal of keeping you out of jail and keeping your name off the Michigan sex crimes registry.

Continue reading " Kent County Soccer Coach Arrested For Child Sexual Assault " »