Michigan Sex Offender Registry Attorneys – The Dangers of Felony Convictions after Sex Crimes

January 27th, 2012

The Michigan sex offender registry started in the mid-1990’s as a way for society to track whether neighbors and other acquaintances had been convicted of a dangerous sex offense. Throughout its existence, the Sex Offender Registration Act—otherwise known as “SORA”—has been amended multiple times. The most recent amendments were part of a federal mandate to overhaul the sex offender registry to comply with federal law.

In general, people convicted of certain sex crimes (referred to as “listed offenses”) must register on the sex offender registry for a term of years or life. However, there are some scenarios when a person convicted of a listed offense does not have to register. One such scenario would be if a person was convicted of a listed offense and completed incarceration and probation before SORA originally took effect. Another scenario would be if the person was convicted of a listed offense but avoided registration under the Romeo and Juliet provision, which either stops initial registration or leads to immediate removal from the registry.

But, beware! Those people convicted of a listed offense who are not required to register under SORA face the possibility that they will later be forced to register if they are convicted of any other felony on or after July 1, 2011. This subsequent felony need not be a sex crime felony. It can be for anything: felonious assault, felony firearm, home invasion, marijuana manufacture/delivery, or any other non-sex crime.

This is why it is imperative to hire a very skilled attorney if you are charged with a felony and have any sex crime conviction in your past. You will want an attorney who understands how to defend felony charges as well as how to fight sex offender registration requirements. Registered sex offenders cite embarrassment; shame; the requirement that they not live, work, or loiter on or near school property; and difficulty gaining employment as the worst parts of being on the public sex offender registry. It would be disheartening to escape registration only to be threatened with it after an unrelated felony conviction, even though the listed offense was many years ago. If you think, “They are trying to make me register as a sex offender,” contact a skilled sex crime defense attorney today.

Michigan Sex Crime – Man Arrested for Using Public Library’s Wireless Internet to Download Child Pornography

December 29th, 2011

A 43 year-old man in Lowell, Michigan, was arrested this year for using the free wireless internet signal from the Kent District Library branch in Lowell to download child pornography. The man constructed his own digital antenna that allowed him to pick up the internet signal from his apartment, which is located approximately 100 yards from the library. If it weren’t for an anonymous tip to the federal government regarding his activities, the man may not have been caught because the illegal material was accessed through the library’s wireless router rather than through his own internet service provider. However, after investigating, authorities did find numerous pornographic images of children on his hard drive.

The Lowell resident faced charges for possession of child sexually abusive material (CSAM), unauthorized access to a computer, and using a computer to commit a felony. All three of these crimes are felonies. In Michigan, sex crimes charges are taken very seriously by police, prosecutors, and judges. All criminal defendants should be considered not guilty until the government can prove their guilt beyond a reasonable doubt. That is why it is imperative that a defendant have an attorney who is both highly-skilled and experienced at defending sex crime allegations.

The sex crime attorneys at Kronzek & Cronkright have many years of combined experience fighting allegations of possession of child pornography and many other sex crimes. We aggressively defend our clients, working hard to achieve favorable outcomes in all cases. Let us put our skills and experience to work for you!

Michigan Sex Crime Attorneys – Entrapment as a Defense to Sex Crime Charges

December 21st, 2011

Recently, we wrote a blog article on online sting operations similar to the To Catch a Predator television show. During these stings, officers pretend to be interested in sexual behavior, yet as soon as the unknowing defendant approaches them, the defendant is arrested and charged with a computer crime and/or a sex crime. One possible defense to sex crime allegations may be entrapment.

In Michigan, entrapment occurs when police conduct induces a law-abiding citizen to commit a crime. To prove entrapment, defense attorneys examine whether the police conduct enticed the defendant to commit the crime. In the context of an internet chat room sex crime allegation, a successful entrapment defense could be that the law enforcement officer posing as a minor started the conversation and then went above and beyond to get the defendant to meet for sex. In the context of solicitation, a successful entrapment defense could be that the law enforcement officer posing as a prostitute or panderer approached the defendant and went above and beyond to get the defendant to pay for sex. The key is to find whether the officer’s actions induced the defendant to engage in the criminal behavior, or whether the defendant was otherwise predisposed to committing the crime. Entrapment can also be established when the police engage in conduct that is so reprehensible that it cannot be tolerated by the courts. If the police acted that wrongfully, the defendant does not need to show that the police conduct induced his or her commission of the offense.

Entrapment can be difficult to prove, which is why you should immediately consult with a skilled and experienced sex crime defense lawyer. Your attorney will investigate your case and the evidence against you and determine if an entrapment defense is feasible in your case. When charged with crimes like Criminal Sexual Conduct, accosting a minor, child pornography, or using a computer to commit a sex crime, contact our Michigan criminal defense team today at 1 866-766-5245.

Michigan Sex Crime Charges – Man Arrested for Crimes after Telling Kids he was on Reality TV Show

November 29th, 2011

A man in Gratiot County, Michigan, was arrested this past summer for sex crimes against a young boy that allegedly occurred at Reed Park in North Star Township. The man was accused of making sexual advances towards children under the premise that he was part of a reality television show. To lend credibility to his ruse, he had a television crew with him. Local prosecutors charged him with accosting a male child for an immoral purpose. In Michigan, this is a serious crime that carries potential punishments of 4 years in prison and/or a $4,000.00 fine. People convicted of this crime will also likely be placed on Tier 2 of the Michigan Sex Offender Registry.

Police also learned that the man physically assaulted a female child at the same park, and for that he was charged with Assault and Battery. Assault and Battery carries a maximum jail sentence of 93 days and a maximum fine of $500.00.

Sex crime charges and assault and battery charges in Michigan can both lead to some serious consequences. Because of this, we recommend everyone who is facing similar charges hire a highly-skilled [link to Attorneys page] attorney. At Kronzek & Cronkright, we regularly handle both sex crime defense and general criminal defense. We know what it takes to successfully defend people. In fact, we have delivered many favorable results to our clients throughout our many years of practice.

Michigan Sex Crimes – Use of Online Stings Rise in Sex Convictions

November 22nd, 2011

In recent years, use of the Internet became prevalent in homes throughout the world. Most people now have access to a personal computer equipped with the Internet. Information is now easier to find than ever before. Unfortunately, even law enforcement officials take advantage of this fact.

You may have heard of, or seen, the show To Catch a Predator on NBC. In these specials, law enforcement works with online groups to pretend they are a minor child chatting on the Internet. In order to make it seem like they are really a child, law enforcement and online group members go as far as choosing a fake name, lying about where they live, using language that a child would use, and sending fake photos of themselves. They are hoping they can find an adult who wants to meet up with the child to have sexual relations. Once they believe they have enough proof against the suspect, they move in for an arrest, often executing a search warrant of the home to seize the computer and look for child pornography.

Sometimes, law enforcement does this type of sting operation on its own. However, resources are limited and law enforcement often lacks training on how to properly lure in the suspects online. Therefore, law enforcement officials work closely with online groups such as Perverted Justice. Groups like these consist mostly of people with no formal law enforcement background, including people who were sexually abused when they were children. Working together benefits law enforcement because they don’t have to expend the time required to catch online predators.

In Michigan, our law enforcement often participates in these sting operations. Perverted Justice workers are sometimes involved in these stings. As the number of convictions of online sexual predators rises, law enforcement is even more motivated to continue finding more and more instances of online predation.

Defense attorneys often raise the issue of entrapment in this type of case. In Michigan, entrapment is defined as the government taking an action to entice you to commit a crime that you would not have otherwise committed. So, when law enforcement officers are spending time on popular websites and chat rooms lying about their identity and enticing people to make advances on a person they believe is a minor, entrapment can be a legitimate defense. The entrapment defense is particularly strong when the defendant has nothing in his background to indicate he has done this type of thing before or would have done so without the encouragement of police. Entrapment by police is illegal, and can be a powerful defense in certain cases. However, information obtained on the computer of the suspect or in his home can be used to demonstrate that he was predisposed to commit the crime. At Kronzek & Cronkright, we understand entrapment law in both the state and federal system. We can assist you with your defense if you are accused of an internet crime.

Online sexual predators can be charged in both state court and federal court for the same crime. That could lead to some stiff penalties for defendants who are found guilty, ranging from long jail sentences, to getting their children taken away, to being placed on the Sex Offender Registry for many years. Being on the Sex Offender Registry makes it extra difficult to secure employment and also determines how close you may live to a school.

At Kronzek & Cronkright, we have experience in defending our clients in both the state courts of Michigan and in the Eastern and Western Federal District Courts.

Sexual Harassment Causes Complications – Herman Cain Denies Sexual Harassment Accusations

November 1st, 2011

Rumors of past sexual harassment are swirling around Republican presidential candidate Herman Cain. Cain was CEO of the National Restaurant Association in the late 1990’s. Two female staffers he worked with there accused him of sexual harassment. Though Cain strongly denied the accusations, he stepped down from his CEO position and, in his words, “allowed my general counsel and human resource officer to handle it.” Now that Cain is considered to be a top candidate for the Republican primary, he has had to defend against these allegations publicly. He is still strongly denying that any sexual harassment occurred.

In Herman Cain’s case, the female staffers only filed a complaint against him for money damages for his alleged inappropriate behavior. However, a person has much more to worry about if they are being investigated for a sex crime by their local or state police. As all good criminal defense lawyers know, being accused of a sex crime is a very scary thing.

In Michigan, the potential penalties for a sex crime conviction in a criminal prosecution (including Criminal Sexual Conduct in the first through fourth degrees, assault with intent, and more) are very harsh. Unlike a civil suit for sexual harassment, a criminal conviction can land a defendant in prison for many years. Convicted sex offenders will also likely be listed on Michigan’s public sex offender registry, which is an online database of people who have been convicted of a sex offense. Being on this public list can cause embarrassment, job loss, and more. That is why when a person is accused of a sex crime by the police or prosecutors, they should immediately contact a sex crime defense attorney.

Michigan Sex Crime Attorneys – Michigan Man Sentenced for Using Internet to Entice Moms to Abuse Their Own Children

August 4th, 2011

Steven Demink, a former used car salesman from Redford Township, Michigan, was recently sentenced in Federal court to life in prison for enticing 7 moms to sexually abuse 12 of their own children. Demink created a fake online persona of Dalton St. Clair, a young, single father. He used this persona to meet single mothers online and get them to trust him. In one case, Demink pretended to be a psychologist and told one of the mothers that it could help her deal with her mentally-ill child if she got closer to the child. Demink encouraged all the moms to sexually abuse their own children and send images or live video of the molestation to Demink. Criminal charges were also filed against the mothers.

Demink was caught when one of the children confided to his grandmother that his mom had forced him to remove his clothing. Police investigation led to Demink and his role in this internet sex scheme. Most good criminal defense lawyers know that internet based sex crimes impose very significant penalties. For Demink, this was certainly true as United States District Court Judge Gerald Rosen sentenced him to life in prison. United States Attorney Barbara McQuade commented, “This sentence reflects the outrageous harm this predator inflicted on innocent children. In some ways, the defendant has already imposed a life sentence on them.”

If you have the slightest hint that the police are investigating you for a Michigan sex crime or federal sex crime, a computer crime or a child pornography crime, now is the time to get an experienced, tough lawyer. Expert attorneys will jump in right away and begin your defense immediately. All sex crimes carry very stiff penalties, including prison time, probation, parole, and registration on Michigan’s sex offender registry. Your lawyer will be your advocate in and out of court.

Michigan Sex Crimes – Michigan Court of Appeals restricts the ability of Prosecutors to charge adults for crimes committed as minors.

June 23rd, 2011

On June 2, 2011 the Michigan Court of Appeals released an unpublished opinion which could offer hope to people being charged as adults for crimes they allegedly committed when they were minors. The case is People of the State of Michigan vs. Christopher Blayne Kiyoshk. This was a 2006 case from the Kalamazoo Circuit Court. Mr. Kiyoshk was originally charged with several counts of Criminal Sexual Conduct in the 1 st degree (CSC 1st), a crime punishable by life in prison in the adult criminal justice system.

In Michigan, there is a highly controversial practice of charging adults for crimes they allegedly committed when they were minors. Faced with the possibility of life in prison, Mr. Kiyoshk accepted a plea agreement for a single count of CSC in the first degree, along with a limit on the sentence (the agreement was essentially for a sentence of 5 to 25 years in prison.) Today, the same crime would carry a mandatory minimum of 25 years and a maximum of life in prison.

In this case, the Michigan Court of Appeals made a ruling that will help many adults who are being prosecuted for crimes that occurred before their fourteenth birthday. Essentially, the court ruled that it is the Family Division of the Circuit Court that has jurisdiction over crimes which occur prior to the accused 14th birthday. In other words, these cases must be brought as juvenile sex offenses, even though the Defendant is now an adult. However, the Court pointed out that the Family Division jurisdiction over juvenile crimes only lasts until the 21st birthday of the Defendant. This essentially creates a statute of limitations of sorts based upon the age of the accused, but only for crimes committed prior to the accused 14th birthday.

The bad news for Mr. Kiyoshk is that although his plea was set aside, the Kalamazoo County Prosecuting Attorney can now re-charge him on some of the previously dismissed charges which allegedly occurred when he was 14 years of age. This raises the ominous possibility that by winning his appeal he might face conviction of a juvenile crime in the adult system for which the punishment may be 25 years in prison.

We can expect further appellate decisions which deal with the many grey areas in this decision. As of this writing, it is not known whether the Kalamazoo County Prosecutor will appeal this decision.

This case illustrates the need for an experienced and effective sex crimes defense lawyer for persons facing prosecution for major felonies such as Criminal Sexual Conduct. The attorneys at Kronzek & Cronkright, PLLC defend all major felony offenses and have successfully obtained not guilty verdicts of defendants facing life offense Criminal Sexual Conduct charges.

Consequences of Sexting – Representative Anthony Weiner Resigns from Congress

June 17th, 2011

As Michigan sex crime defense attorneys, we know how rapidly nude photos can spread online. Unfortunately for New York Representative Anthony Weiner, he now knows of this phenomenon, too. For the last weeks, Weiner has been involved in an internet scandal involving him sending lewd photos of himself women from his Twitter account.

Other lawmakers in the United States House of Representatives called for Weiner’s resignation. Initially, Weiner said that he would not resign, but on Thursday, June 16, 2011, Weiner held a news conference where he stated, “I had hoped to be able to continue the work that the citizens of my district elected me to do—to fight for the middle class and those struggling to make it. But unfortunately, the distraction that I have created has made that impossible. So today I am announcing my resignation from Congress.”

People are categorizing Weiner’s sending of the lewd photos as sexting. Sexting is the sending of sexually explicit photos or messages using an electronic medium. Many times, sexting is accomplished using photo texting on phones such as the iPhone, Android, or Blackberry. However, sending sexually explicit images on Twitter is still included in the definition of sexting. In Michigan, prosecutors are cracking down on teenage sexting, because this can be a form of child pornography if the image is of someone under 18 years old.

If you are being investigated for sexting or any other Michigan or federal sex crime, now is the time to get help from a highly-skilled sex crime defense lawyer. Your attorney will help you navigate the court system, which can be intimidating and scary to some people.

Michigan Sex Crimes – Former Michigan Senator Goes On Trial For Sex Crime Charges

June 13th, 2011

A few weeks ago, we wrote about Phillip Arthurhultz, a former Muskegon-area Michigan Senator who had been accused of various sex crimes. “Senator Phil” as he called himself on his radio talk show, is alleged to have had inappropriate contact with multiple teenagers last year. When we wrote our last article on Mr. Arthurhultz, he had just been arraigned in Lansing District Court on two counts of conspiracy to entice a female under 16 for immoral purposes, one count of gross indecency between males, one count of bribing/intimidating/interfering with witnesses, and two counts of accosting children for immoral purposes. These are serious sex felony charge allegations in any Michigan court.

Recently, Phil Arthurhultz waived his right to a preliminary examination. The purpose of a preliminary examination in Michigan is to allow the judge to determine whether there is probable cause to believe that a defendant committed the felony crime charged. If the district court judge determines that probable cause exists, the case proceeds or is bound / sent over to the circuit court. If not, the case ends right there but may later be re-filed by the prosecuting attorney. For most skilled sex crime defense attorneys, it is a matter of strategy as to whether it is best to waive a defendant’s right to a preliminary examination in his or her particular case.

Michigan sex crime convictions result is serious consequences. For example, Arthurhultz is facing 10 years in prison for the conspiracy counts, 4 years in prison for the accosting and bribery counts, and 5 years in prison for the gross indecency counts. If convicted, he will also be placed on the Michigan sex offender registry.

If you are facing state or federal sex crime charges, you need the representation of a criminal defense lawyer who is fully experienced in sex crime defense. Sex crime charges often require intricate or specialized defenses, and it is best to find an attorney that is well experienced in defending those accused of sex assault, child molestation or sex crimes involving use of a computer. The right attorney is critical to defending these cases.Look for a defense team that has won these cases before juries. These are not cases for rookie attorneys.