If you are being accused of a sex crime you need experienced and aggressive representation. The prosecution will use everything in its arsenal to convict you. Plus, judges and juries are never sympathetic to a person accused of a sex crime, regardless of whether you are innocent or not. Further, many attorneys are secretly repulsed by the idea of representing a person accused of this type of crime and will not effectively represent their client. We are different. We will not judge you. Rather, we will fight hard for you. We will strive to protect your freedom and your reputation.
Sex crimes can be incredibly complicated to prosecute and defend. Some of the things that an attorney in this practice area needs to be aware of are:
1) Sex Offender Registration Act (SORA) – Beginning on July 1, 2011, Michigan changed its SORA rules. Many crimes that required registration before this date are no longer reportable under the new rules. You need an attorney who understands how these rules work. SORA can ruin your life for the long run.
2) False Reporting/Late Reporting by the alleged victim. Often times, alleged victims will accuse someone of a sex crime because they have been caught doing something wrong or are trying to hide other behavior. Often times, the prosecutor will bring into court an “expert” to explain why this person is not false reporting or late reporting in an attempt to bolster the alleged victim’s credibility. We have successfully used these “experts” against the prosecutor’s own case.
3) Child Protective Services (CPS), Child Assessment Center (CAC), and Young Women’s Christian Association (YWCA) case workers find sex offenders and pedophiles behind nearly every tree and under nearly every stone. The prosecution will attempt to introduce testimony from these workers. We have successfully rebuffed these individuals and turned the tables on the prosecution by using these witnesses against them.
4) Polygraphs – Every person accused of a sex crime in Michigan is entitled to a polygraph. Often times, the police and prosecutors will refuse to give these tests to individuals accused of sex crimes. Simply, they do not care if you are innocent. Plus, these polygraphs are not admissible in court as evidence at a trial. However, an effective attorney will try to find a way to make the polygraph result (if favorable) relevant to the client’s case. But be careful; make sure that you consult with an attorney before taking any polygraph examination. Often times the police will use the polygraph exam as a way to interrogate the client without the attorney present.
5) Rape Shield Laws prohibits past sexual character evidence of the alleged victim from being introduced as evidence, even if it may prove the alleged victim is lying. Further, the court and the prosecutor will not care if it shows you are innocent. Make sure you hire an attorney who knows the loop holes in this law to protect your rights.
6) 404(B) Evidence. If you thought the Rape Shield Law was unfair, the prosecutor, under Michigan Rules of Evidence 404(B) can introduce evidence of your past sexual history and crimes to show that you are guilty of the current charge. Make sure you hire an attorney who understands how 404(B) works and how to protect your right to be innocent until proved guilty beyond a reasonable doubt.
7) Alleged Victim’s testimony is enough to convict you. Under Michigan law, the jury will be instructed that the alleged victim’s testimony is enough to convict you without any other corroborating evidence. As unfair as this may sound, it’s the law. Make sure you hire an attorney who knows how to select a jury that will not unfairly prejudice your case by simply believing the alleged victim.
In short, if you are accused of a sex crime, the very first thing you need to do is STOP talking to anybody about it. The second thing you need to do is hire us to fight for you. We understand this area of the law and have successfully defended others accused of sexual crimes.
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Grand Rapids, MI 49504
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