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.
Some of the issues to be decided are whether Trakhtenberg’s initial criminal defense lawyer provided effective counsel. In a Michigan criminal trial, the defense lawyer you choose can and will make a difference. On appeal, representatives of Trakhtenberg argued that he received ineffective assistance of counsel and that evidence exists that would have proved his innocence. Many times, errors occur at trial that may seriously impact your future and your freedom. If you are convicted of a sex offense you have the right to appeal your conviction and sentence. A knowledgeable criminal appeals attorney can review the trial proceedings and determine the best strategy to obtain justice – such as by the denial of effective assistance of counsel and the right to a fair trial.
For more information or if you have been charged with any Michigan criminal offense, contact a top rated Michigan criminal lawyer at Grabel & Associates for an immediate, free consultation.