False Sex-Crime Accusations in Michigan: A Minefield
One of the most devastating things that can happen to someone is to be falsely accused of a sex crime. The negative effects last a lifetime and permeate every aspect of a defendant's existence.
June 13, 2009 /24-7PressRelease/ -- False Sex-Crime Accusations in Michigan: A Minefield
Article provided by A. Scott Grabel & Assoc.
Visit us at www.grabellaw.com/
One of the most devastating things that can happen to someone is to be falsely accused of a sex crime. The negative effects last a lifetime and permeate every aspect of a defendant's existence. Even if the charges are eventually dropped or the defendant is found not guilty of the crime, stigma and mistrust will almost certainly continue to haunt him or her.
If the accused is convicted of the charge in Michigan, he or she will probably be listed and pictured on the Internet on the Public Sex Offender Registry (PSOR) for 25 years or life, and have continued restrictions placed on where he or she can live or work. Offenders listed on the Michigan PSOR are automatically also included in the Dru Sjodin National Sex Offender Public Website (NSOPW), a service of the US Department of Justice.
Inevitable Loss of Fundamental Rights
Many in the press and legal community believe that those accused of sex crimes automatically face deprivation of the fundamental constitutional right to be considered innocent until proven guilty. Unfortunately, the repulsive nature of such a crime makes it difficult to hold your head up and maintain your innocence in the face of public suspicion. Many people react in fear and disgust to a sex crime defendant without thought to the presumption of innocence, and this stigma can even continue beyond a finding of innocence, on the chance that the justice system may have gotten it wrong.
Obtain Legal Counsel
If you are charged in Michigan with a felony or misdemeanor sex crime like child sexual abuse, criminal sexual conduct, solicitation of a prostitute or minor, date rape, indecent exposure, statutory rape, pandering or possession of child pornography -- or even if you suspect an investigation may be underway -- contact a criminal defense attorney as soon as possible. Your attorney should have specific experience handling sex crime and all its complexities, as you will need a seasoned professional to contain the damage to your reputation and freedom, thoroughly investigate the facts and fight to protect your legal rights:
* Can the prosecutor prove the charge beyond a reasonable doubt?
* Did your situation involve another competent and consenting adult?
* Was evidence illegally gathered during an unlawful search?
* Were you the victim of an overbroad police sting operation?
* Did your accuser have financial or personal motivation to harm you?
* Is there any evidence other than the words of the accuser?
* Does your charge involve an alleged child victim who has been improperly interviewed using techniques that could improperly influence memory or induce false testimony?
Michigan's Public Sex Offender Registry
According to the Michigan State Police (MSP), in February 2009 there were over 41,000 people listed on the PSOR, which includes offender names, addresses, conviction information and photographs. The registry is available for public viewing through the MSP at www.mipsor.state.mi.us. The Web site allows anyone to sign up to receive e-mail notification if any listed offender moves to a certain zip code.
Included sex offenders must register between conviction and sentencing, and periodically update their addresses. Failure to comply with the PSOR requirements is a crime and can trigger serious fines and jail time for the offender. In most cases, the only way to have your name removed from the registry is by court order.
Even among those rightly convicted of sex offenses and included on the PSOR, critics contend that the registry does not distinguish between people who committed relatively minor missteps with little or no likelihood of reoffending, and those who perpetrated serious sexual crimes with high likelihood of reoffending. So an average person looking at the PSOR cannot determine who is really dangerous to the public, and a person convicted of a minor sex crime is grouped with other people who have carried out heinous sex crimes.
Consult With a Skilled Attorney
In addition to the nightmare of being listed publicly on the Internet as a sex offender, a Michigan defendant found guilty of a sex crime could also face years of hard time in prison -- possibly for life -- as well as fines, restitution, electronic GPS monitoring, or other penalties. The state of Michigan could have your fingerprints and DNA profile on file.
If you find yourself wrongly accused or under suspicion of a sex crime, it can be critical to your reputation, career, relationships and freedom to retain an experienced criminal defense lawyer to thoroughly investigate the facts; contest the charges; negotiate with the authorities on your behalf; and stand up for you against the police, prosecution and public. False allegations are much more common than you think.
Article provided by A. Scott Grabel & Assoc.
Visit us at www.grabellaw.com/
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