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| Sex Offenses - Public Sex Offender RegistryGrand Rapids, Michigan, Sex Offenses LawyerOver 15 Years of Experience Representing Clients Accused of Sex Crimes Are you under investigation for a sex offense? False allegations of sexual abuse can ruin your life! If you are convicted of a sex crime, the conviction will have long-term effects and severe penalties. You will face years in prison and have to register as a sex offender for 25 years on a public sex offender list (PSOR/SORA) (MI Public Sex Offender Registry). The stigma associated with the words "sex offender" can ruin your reputation, your career, and your family. The justice system is tough on sex offenders, and if you convicted, you will most likely serve the maximum time. TIP: Often, the investigating police officer will ask that you take a lie detector test (polygraph) to determine if you are telling the truth. We strongly suggest that you NOT take a police polygraph test until after you have first spoken with an experienced sex offense lawyer. Anything you say during and especially after the lie detector test can be and is routinely used to convict you. Unfortunately, sometimes the purpose of a lie detector test is to elicit a confession. Be advised that you can pay to have a private lie detector test done by an operator whose sole purpose is to determine if you are telling the truth. Most importantly, the results of a private lie detector test are confidential; only you and your attorney are given the results. Our criminal defense attorney knows the stakes are high. Our sex offense lawyer recognizes that you are not just a case; you are a person. When you hire our defense attorney, you are hiring representation that will take into account how these allegations affect you and your entire family. You can count on our West Michigan sex crimes attorney to provide you with aggressive and skilled representation when your life is on the line. When under investigation or accused of a sex crime, you need aggressive legal representation that will not assess all aspects of your case and will not take the easy way out, in cases such as:
If convicted of a sex crime you will face severe consequences. You will most likely receive maximum jail time. You will be required to register as a sex offender for 25 years or even life. You will carry allegations of sexual abuse and sex crimes with you the rest of your life. Statutory Rape.Perhaps you heard the term 'jail bait' growing up and had no idea what it meant. Simply put, statutory rape is where a sex act occurs and one of the actors is under the age of consent, which in Michigan is age sixteen (16). If you have sexual intercourse with someone under age 16, Michigan law says you committed a rape, because they are not legally allowed to give consent. It does not matter that the under-16 person says 'yes' a thousand times (the age of consent in other states varies, but can be as high as 18). Too often a well-intentioned mother or father whose high school son or daughter is accused of statutory rape will unwittingly take them to the police station and instruct them to tell the police everything because 'they are just teenagers and did nothing wrong.' This is a serious mistake. We do not live in Mayberry, and Sheriff Andy Taylor is not around to resolve things by the end of the half hour. Despite the fact that the under-16 person was 'into it', count on being investigated, charged, prosecuted, and having all of your statements to the police (a/k/a: 'confession') used against you in court. Statutory rape lands you on the sex offender registry for 25 years. If the age difference is 5 years or less you may only have to register as a convicted sex offender for 10 years. Juveniles are placed on a non-public sex offender list until age 18 when their names are released to the public. > > Exercise your Constitutional Right to remain silent and do not answer any questions < < without an attorney present. Do not take your high schooler to the police and naively assume that this "misunderstanding" will resolves itself. This is not a misunderstanding, this is the real deal, the law is tough, there is little or no latitude given, and this mistake could negatively impact your son or daughter for the rest of their life. Remember, in this great country, you are not required to answer any questions. The most you have to give is your names, address, and identification if you have one. Your words will get you convicted. Do not believe any promises made by an investigating officer, as they are not legally enforceable and thus meaningless; the oft heard promise of 'I'll put in a good word with the prosecutor' is usually illusory. Contact Us. When you need legal representation for a sex crime, our attorney is prepared to fight for your rights in and out of the courtroom. Contact our Kent County, Michigan sex crimes defense attorney today. Call (616) 458-8585 for a free initial consultation. SORA - Michigan's Public Sex Offender Registration Act.The Michigan Sex Offender Registry was created in 1994, and requires that all sex offenders in Michigan register and verify their address with the local sheriff's department every three months. Anyone who resides, works, or is a student in Michigan and either permanently or temporarily resides in the State for more than 14 days in a row or 30 days per calendar year must register. Anyone convicted of a listed sex offense after October 1, 1995 must register. For offense prior to October 1, 1995 anyone who was convicted of a sex offense and was on active probation, parole, or incarcerated are also required to register. The sex offender registration requirement survived a legal challenge claiming that this was an ex post facto law which are prohibited under state and federal constitutions. Juvenile offenders are not on the public portion of the Sex Offender Registry until they turn 18 in cases where they were convicted for Criminal Sexual Conduct 1st or 2nd degree, although there are exceptions and the law is frequently in flux. A convicted sex offender who moves to a new address must report their new address to the sheriff's office within 10 days of moving. Those who move to another state must report their intent to move 10 days before they move and provide their new address. Once they reach the new state, they must comply with the sex offender registration laws of the new state, which are often different. Homeless Persons.Up until recently, homeless persons were routinely charged with failure to register as a sex offender, even though they did not have an address at which to get registered. On February 2, 2010, the Michigan Court of Appeals issued an opinion in People v. Dowdy, Opinion No. 287689 (click to read), where the Court found that the requirements of SORA did not apply to a homeless man. The criminal charges for failure to register were dismissed at the trial court and the decision was affirmed by the appeals court. The Michigan legislature may amend the sex offender law to include some type of reporting requirements for homeless persons, but for now, the ruling stands, and homeless people cannot be criminally charged for failure to register as a sex offender. Why am I on the Sex Offender List?Often we are asked why someone who was convicted of a sex crime in Michigan does not show up on the list. There are a variety of reasons, the main ones being: the offender was a juvenile, the offender has died, or the offender's conviction date was prior to October 1, 1995 and they were not in jail or on active parole or probation when the new law came into effect. if you want more information, there is a wealth of answers on the State of Michigan website Frequently Asked Questions that explains the technical details of the Public Sex Offender Registration (PSOR). The nature of the final criminal charge (conviction) decides who must register and for how long. The federal government links all 50 states, Puerto Rico, Guam, and participating tribes' databases into one searchable National Sex Offender Public Website (NSOPW). How Long Must I Register?Those convicted of 1st or 2nd degree Criminal Sexual Conduct (CSC), Kidnapping a child under 18, Enticing away a child under 14, and child pornography must register for Life. The remainder of the listed offenses require registration for 25 years. There are a couple of very limited situations where a lesser 10 year registration period is required; typically this is where an offender is under the age of 21. Likewise, juvenile offenders have different registration requirements. Typically, you must register every three months at your local sheriff's office. The 1000 Foot Rule.One of the requirements is that a convicted sex offender not live within 1000 feet of a school or school property (even if the school is unoccupied or is vacant land). Although at face value this requirement seems straightforward, the law fails to explain how to calculate the distance: do you measure 'as the crow flies' (linear) or do you measure using streets and roads (pedestrian)? Also, from what points do the measurements apply: the front doors of the school and the offender, the edge of the property lines, the curb, or the center line of the road? The law is surprisingly silent on this issue. There are no cases in Michigan that address this question. We researched these issues, including reading legal decisions from other states, and court cases that have interpreted the 1000 foot 'drug free school zone'. We also asked for off-the-record opinions from judges, prosecutors, and defense attorneys. The consensus was that the measurement is linear or 'as the crow flies.' In the drug zone case, the courts used the linear method of measurement (it does not matter that buildings and other impediments are in the way), and so a Michigan court would undoubtedly use the same reasoning. With regard to where the measurements should start and end, there are no clear answers. However, the court cases and the straw polling that we did, indicate that the measurement should be taken from curbside of the closest edges of the school property and the sex offender's property (not the front doors). This can create some arcane scenarios, such as the one in Ohio where an offender lived within 1000 feet of a school, but a large navigable river flowed in between them. The court did not decide this issue, however, as the sex offender moved to a different location and the issue was then moot. Who Must Register for the Sex Offender List?Criminal offenses automatically requiring registration are found in Section 28.722 of Michigan's statutes, which you can access at Michigan Codified Law. Beware, as this list is not exhaustive! There are other criminal offenses requiring sex offender registration that are not on the list. You should consult with a knowledgeable attorney before pleading guilty to any criminal offense especially if it involves a minor or some type of sexual activity. The offenses automatically requiring registration are:
Contact us for Experienced Representation. If you need legal advice or an attorney to represent you or a family member for a sex crime or any criminal offense, Attorney Bruce Block is prepared to fight for your rights both in and out of the court. Contact our Kent County sex crimes defense attorney today. Call (616) 458-8585. Located on the corner of Cascade Rd. and Kenmoor Ave., just east of Interstate I-96, six miles from the Kent County Courthouse. Bruce Alan Block, PLC represents clients in Grand Rapids, Michigan, and West Michigan communities of Ada, East Grand Rapids, Kentwood, Cascade, Wyoming, Byron Center, Wyoming, Caledonia, Cascade, Rockford, Holland, Grand Haven, Grandville, Kent County, Ottawa County, Muskegon County, Barry County, Ionia County, Newaygo, Montcalm, and Allegan County. We represent students from Calvin College, Aquinas, Grand Valley State, Cornerstone, Grand Rapids Community College, and Michigan State University. |
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Bruce Alan Block, PLC
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