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.
Cole argued that the Court never informed him that lifetime monitoring would be a condition of his plea and argued that he would have never agreed to plead “no contest” had he been aware of this condition. The prosecutor alleged that the plea agreement was only about prison time. In March, the state appeals court said that Cole could withdraw his plea. This past week the Michigan Supreme Court said that it would here the case and specifically determine whether a judge must inform a defendant about lifetime monitoring.
Because a conviction can have serious impact on your future, it is critical to contact an aggressive Michigan criminal defense lawyer immediately to do what it takes to limit the consequences of a felony or misdemeanor convictions. In some instances, it may be possible to file an appeal to challenge a conviction or sentence. A knowledgeable Michigan criminal appeals attorney can evaluate any potential issue that would give a defendant the probability to overturn a conviction or challenge a sentence.
For more information, or if you are facing any Michigan criminal charges or need to speak to a post-conviction services attorney concerning a conviction or sentence appeal, contact the dedicated Michigan criminal defense lawyers at Grabel & Associates for a free consultation.