With our ever-present electronic devices – smartphones, computers, tablets, iPads – we are all online almost constantly. It is how we communicate, through emails, text messages, instant messaging, and on social media. With that said, when do online activities become a crime under Michigan or federal law?

Here, we take a closer look at what cyberstalking is and isn‘t, what the penalties for violating cyberstalking laws are, and what to do if you are facing actual or false accusations of online stalking.

Cyber harassment and cyberstalking are related forms of online abuse that exist on the same spectrum. One is unwanted and troubling online conduct, and the other is that same pattern or behavior elevated to a threatening or intimidating degree.

As far as whether or not a crime has been committed, it depends on the specific behaviors and how they affect the alleged victim. Those distinctions can mean the difference between no charges being filed, a costly civil case, a misdemeanor charge, or even a felony conviction.

That means that there are nuances within anti-stalking laws and legal arguments that can be made that an attorney familiar with cyberstalking cases could use to mount a successful defense.

However, before any discussion of cyberstalking can begin, you must first understand the legal definitions of harassment and stalking in the real world.

Harassment

Harassment is continuing to contact or attempting to contact a target who has clearly expressed that the contact is unwelcome and needs to stop.

Harassment is legally defined as an ongoing pattern of behavior, not just a single incident. For example, sending a flirty message is not a crime in Michigan, but continuing to send message after message after the target has made it clear that the attention is unwelcome crosses a line into harassment.

Of special relevance, Michigan law defines a “pattern” of conduct as few as two separate acts.

The legal benchmark for harassment has two parts.

First, the pattern of offensive behaviors must be bad enough that a reasonable person could be expected to suffer substantial emotional distress as a result. Second, the targeted victim must be able to establish that they experienced emotional distress.

Ordinary harassment is not a crime in the state of Michigan. A victim can, however, still file a civil lawsuit to recover damages for emotional pain and suffering.

Stalking

By contrast, stalking is a crime. This is defined as a pattern of conduct that could cause a reasonable person to feel “frightened, terrorized, threatened, intimidated, molested, or harassed.”

Cyber Harassment

Cyber harassment occurs when an individual engages in these same types of behaviors online. As with the real-world equivalent, cyber harassment does not typically involve a credible threat. However, it does involve a pattern of unwanted online conduct that any reasonable person would find “emotionally distressing,” and that caused the alleged victim to suffer said emotional distress.

Examples of cyber harassment include:

• Sending multiple unconsented electronic communications – emails, private messages, instant messaging, social media posts, texts, etc. – despite being told that they were unwelcome.
• Creating a website or writing blogs with the specific intent to torment a specific individual.

Cyber harassment does not include free speech protected by the Constitution or any online conduct that serves a legitimate purpose, such as work emails.

Importantly, cyber harassment is not a crime under Michigan law. However, if the alleged victim can establish that the pattern of conduct would cause a reasonable person to suffer emotional pain AND if they can prove how they suffered as a direct result, there may be grounds for a civil suit and damages.

Cyber Stalking

Likewise, cyberstalking is a pattern of criminal harassment – online behavior that targets a specific individual of a nature that could cause an average person to feel threatened, AND that causes the victim to suffer a reasonable fear that they were in immediate danger of serious bodily injury or substantial emotional distress.

Examples of cyberstalking include:

• Posting suggestive, offensive, or rude comments
• Following the victim online by joining the same forums and social media groups
• Sending lewd, threatening, or controlling emails and messages to the targeted victim
• Using technology to threaten or blackmail the target
• Excessively tagging the target on social media, even on irrelevant posts
• Liking or commenting on everything the target posts
• Messaging the target incessantly
• Creating fake social media accounts to follow the target
• Hacking or hijacking the target’s online accounts
• Attempting to extort explicit photos or sex, aka “sextortion”
• Releasing confidential, private, or embarrassing information about the target
• Posting private photos of the person online
• Sending unsolicited nudes or sexual comments, i.e. sexting
• Attempting to shame the target with fake posts
• Installing tracking devices and programs
• Hacking into their devices
• Using social media info to track the target and show up physically where they are
• Stealing passwords to hack accounts
• Draining bank accounts
• Identity theft
• Contacting their friends and family
• Sending unwanted gifts to their home or job

Online stalking is very much the same as it is in the real world. Offenders can harass, embarrass, and threaten their victims to the point where they do not feel safe online or in the real world, and that is a violation of Michigan anti-stalking laws.

Cyberstalking is a Crime

Under Michigan state stalking laws, cyberstalking is usually prosecuted as a misdemeanor. If convicted, the maximum penalty is a $1,000 fine and/or up to one year in jail.

If the cyberstalking target is younger than 18 and the adult online stalker is older by five or more years, then it becomes a much more serious cybercrime.

Cyberstalking of a minor is a felony that is punishable by a maximum of five years in prison, a $10,000 fine, or both.

While cyber harassment and cyber stalking are not listed among other Michigan sex crimes, a study published in 1999 determined that in their minds, many stalkers are seeking some form of intimacy, including sexual gratification.

Is Cyberstalking a Federal Crime?

Under federal law, cyberstalking is defined as engaging in any online conduct with the intent to “kill, injure, harass, intimidate, or place under surveillance,” if that conduct causes the target to suffer a reasonable fear of serious bodily injury or death.

Importantly, it doesn’t have to just be a fear of personal injury or death. It is also a federal crime if online stalking causes the target to fear for the safety of their:

• Immediate family members
• Spouse or significant other
• Pet, horse, service or emotional support animal

The statute reads that someone who uses “the mail, any interactive computer service or electronic communication service or electronic communication system of interstate commerce, or any other facility of interstate or foreign commerce to engage” in online stalking may be charged with a federal crime.

The maximum fine for this charge is five years in prison and a $250,000 fine.

When is It NOT Cyberstalking?

Not all offensive or unwanted online interactions are against the law. For example, It is not a crime to like or comment on someone‘s social media posts. It is not against the law to send private messages or texts. It is also certainly not against the law for one adult to express romantic or sexual interest in another adult.

Likewise, it is not illegal to use the internet to look up someone’s public information online.

Since free speech is protected, even posting offensive content is not a crime. Someone can’t say that you are stalking them online just because you make a comment or send a message that they don’t like. While that may not often be socially acceptable, it does not meet the legal definition of a crime.

Such online conduct does not rise to the level of cyber harassment or cyberstalking until:

• The alleged victim tells you that the behavior is unwelcome and that they want you to stop.
• You continue with the behavior, establishing a problematic pattern.
• The pattern of behavior is so severe that it would cause a reasonable person to feel distressed or threatened.
• The alleged victim feels distressed or threatened.

What To Do When You Are Accused of Cyberstalking

There is a fine line between exercising your right to free speech, acceptable online behavior, and criminal conduct versus conduct that is merely unwelcome or offensive.

When you are facing criminal cyberstalking charges, where that line begins or ends is a matter of legal interpretation and argument. Hiring a criminal defense lawyer who understands the nuances of Michigan stalking laws and who can make that important argument gives you the best chance of beating these charges against you.

If you are arrested for stalking someone online, exercise your two most important constitutional rights – remain silent and refuse to answer any questions without your attorney present.

Then contact Blank Law, PC, the top cyberstalking law firm in Michigan.

Fighting for Your Rights

If you have been falsely accused of online harassment or cyberstalking – whether through a misunderstanding or baseless charges – you need a criminal defense team that will challenge every allegation against you and every step made by law enforcement or the prosecution.

Some of the questions that top cyberstalking lawyers use include:

• Does the alleged online contact even meet the legal standard for being a crime?
• If your electronic devices were seized, was the search warrant valid?
• Are the records that are presented as evidence complete to show context and to tell the whole story? Or are they edited and incomplete?
• Does anyone else have access to your devices and passwords?

There are many more questions and criminal defense strategies that the right cyber crimes lawyer can ask and employ to help you get the case dismissed, face reduced charges, or win an outright acquittal.

The Right Law Firm to Beat Cyberstalking Charges in Michigan

Founding defense attorney Nicole Blank Becker has worked for over 20 years in the Michigan legal system, as both an Assistant Prosecutor and in private practice. Nicole previously served as the Chief of Macomb County’s Sex Crimes and Child Abuse Crimes Units.

Likewise, defense attorney Christopher Coyle brings his own valuable experience and proven expertise to the table. Chris was a Wayne County Assistant Prosecutor for more than 30 years before joining Blank Law, PC. Previously, he served as the Deputy Chief of the Wayne County Special Victims Unit.

Individually, Nicole and Chris have worked for both the defense and the prosecution, and that gives them a unique insight into what strategies work best. This is why they are the top cyberstalking lawyers in Michigan.

Collectively, they have over 50 years’ worth of criminal defense skills and experience that could and should be working for you right now. If you need to beat cyberstalking charges, CALL FOR A FREE CONSULTATION TODAY.

If you prefer, send information about your case by using this contact form. Your confidential or sensitive information is safely encrypted and securely protected.

The term “sexual misconduct” covers a wide range of behaviors, and while it does not always result in sex crime charges, it always has the potential to ruin your life by ways of:

• Embarrassment and scandal for you and your family
• A tarnished reputation
• Termination of employment
• Loss of future opportunities
• Child Protective Services investigations
• Termination of parental rights
• Revocation of professional licenses or security clearance
• Civil lawsuits
• Criminal charges
• Hefty fines
• Prison
• Sexual offender registration

So what are sexual conduct charges, exactly?

More importantly, how serious are they?

Most importantly, what should you do if you are accused of sexual misconduct?

In the state of Michigan, sexual misconduct is a general term used to describe any unlawful behavior of a sexual nature. These can range from violations of sexual harassment laws to other sex crimes that are even more serious.

The repercussions of sexual misconduct charges can also vary widely, depending on the specific prohibited sexual activity – from consequences at work to civil penalties to a misdemeanor charge to a Class C felony.

Allegations of illegal sexual conduct can have a major negative impact on your life and your future. This means that the best thing you can do to protect yourself, your family, and perhaps even your freedom is to immediately hire a sex crimes lawyer who specializes in sexual misconduct cases.

To help you understand just what is at stake, let’s take a closer look at the different types of sexual misconduct in Michigan.

Sexual Harassment and Stalking

Michigan Penal Code Section 750.411h

These types of sexual misconduct cases occur whenever someone engages in a pattern of unconsented behaviors that causes another person to suffer emotional distress.

Sexual Harassment

Harassment occurs whenever you continue to contact or attempt to contact someone who has clearly expressed that it is unwelcome and that they want you to stop. If those interactions are for romantic purposes or sexual gratification, then it is referred to as sexual harassment.

Legally, harassment is defined as a pattern of behavior, not a single incident. In other words, asking someone out is not a crime, but continuing to do so after being told no, and after the other person tells you to stop, may cross the line that defines sexual harassment.

It doesn’t take much – the law defines a “pattern” of conduct as just two or more separate acts.

The second legal standard for harassment has two qualifications.

First, the pattern of conduct must be such that a reasonable person would find it emotionally distressing. Second, the alleged victim must suffer actual emotional distress.

Simple harassment is not considered a criminal act in Michigan. However, the alleged victim can file a civil lawsuit alleging emotional pain and suffering, along with other damages.

Sexual Harassment in the Workplace

If, however, the alleged sexual harassment occurred at work or involved a coworker, you may violate federal law, which prohibits:

• Unwanted sexual advances
• “Quid pro quo” – Demanding sexual favors for work-related benefits, such as employment status, promotions, raises, time off, etc.
• Interfering with a person’s ability to do their job
• Creating a sexually hostile work environment
• Retaliating against someone for reporting sexual harassment

Although engaging in workplace sexual misconduct rarely results in direct legal penalties for the harasser, the company may face steep fines and civil liability if it fails to prevent the harassment. This is why most companies have a zero-tolerance policy on any type of sexual harassment, with severe consequences for violations, up to and including immediate termination and loss of benefits.

Stalking

Stalking, on the other hand, is a criminal act in Michigan. In some ways, it can be thought of as harassment to an even greater degree. The legal definition of stalking is a continued pattern of conduct that would reasonably make the alleged victim feel “terrorized, frightened, intimidated, threatened, harassed, or molested.”

Examples of stalking behaviors include:

• Following the alleged victim or tracking their movements
• Showing up or confronting them at their home, place of employment, or any other public or private place
• Contacting them by phone, text, mail, email, or social media
• Trespassing on their property
• Delivering items to their property

Per the Michigan stalking laws, it is typically a misdemeanor with a maximum penalty of one year in prison, a $1,000 fine, or both. However, if the alleged victim is a minor under the age of 18 and the accused stalker is five or more years older, then it becomes a felony punishable by up to five years in prison and/or a $10,000 fine.

Although stalking is not technically included among other sex crimes in Michigan, a 1999 study found that a large percentage of stalkers do so because they are seeking intimacy. This would include stalking someone for the purpose of gratifying sexual desire.

Criminal Sexual Misconduct

Beyond civil or misdemeanor sexual misconduct, many other sex crimes are far more serious. Most common sexual assault offenses in Michigan, such as rape, sexual battery, statutory rape, unlawful sodomy, and the like, fall under the umbrella of criminal sexual conduct:

• Criminal Sexual Conduct 1st Degree – Non-consensual sexual intercourse or other penetrative sex acts involving force or coercion, an incapacitated person, or a minor child

The CSC 1st-degree Michigan penalty is a felony with a maximum of life in prison without the possibility of parole.

• Criminal Sexual Conduct 2nd Degree – Non-consensual sexual touching under the same parameters as a CSC 1st-degree

The CSC 2nd-degree Michigan penalty is a felony punishable by up to 15 years in prison.

• Criminal Sexual Conduct 3rd Degree – Sexual intercourse or other penetrative sex acts with someone who cannot legally grant consent.

The CSC 3rd-degree Michigan penalty is a felony with a maximum penalty of 15 years in prison.

• Criminal Sexual Conduct 4th Degree – Typically, this is the charge when inappropriate touching or criminal sexual contact occurs between a minor between the ages of 13 and 15 and an adult five or more years older. The District Attorney can also file a fourth-degree charge if they have evidence that unlawful touching took place, but they do not reasonably expect to be able to secure a CSC 2nd degree

The CSC 4th-degree Michigan penalty is a misdemeanor punishable by up to two years in prison and/or a $500 fine.

Sexual Misconduct Involving Indecency

Misconduct can take other forms besides sexual assault charges. Any behavior that crosses the line of accepted decency can also qualify as sexual misconduct.

Indecent Exposure

Michigan Penal Code Section 750.335a

Under Michigan law, three degrees of indecent exposure are considered sexual misconduct crimes.

The first degree applies to anyone who knowingly and purposely exposes their private/modesty areas or that of another person.

The second degree is when they also fondle their genitals, pubic area, breasts, or buttocks.

The third and most serious degree of indecent exposure is when the exposure is performed by anyone classified as a “sexual delinquent“, aka a sex offender.

Indecent exposure is a misdemeanor sex crime in Michigan.

• 1st Degree: Up to one year in prison and/or a fine of up to $1,000
• 2nd Degree: Up to two years in prison and/or a fine of up to $2,000
• 3rd Degree: Indecent exposure by a sexually delinquent person

Even though it is still technically a misdemeanor, sexually delinquent persons – habitual sex offenders – convicted of indecent exposure can be legally held for an indefinite period, from one day to life.

Gross Indecency Between Persons

Michigan Penal Code Sections 750.338 thru 750.338b

Gross indecency sexual misconduct typically involves engaging in public sex.

In Michigan, gross indecency between persons is a felony sex crime with a maximum penalty of five years in prison and a fine of up to $2,500.

As with indecent exposure, a habitual sexual offender convicted of this crime can be imprisoned indefinitely, from one day to life.

Defending Against Sexual Misconduct Charges

As you can see, there is no such thing as a minor sexual misconduct charge. At worst, they can send you to prison for the rest of your life, and, at best, they can cost you your job and your prospects for the future.

This is why you need the right representation, because not all sexual assault defense lawyers have the necessary specialized skills to help you beat a sexual misconduct allegation.

If you have been falsely accused, an experienced Michigan criminal sexual conduct lawyer knows how to:

• Examine the charges – Does the alleged sexual misconduct even meet the legal standard of an offense?
• Protect your rights – Has law enforcement or the prosecution violated your constitutional or due process rights?
• Challenge EVERYTHING – Are the statements, witnesses, and evidence telling the whole story?

Even if some of the allegations against you are technically true, the best Michigan criminal defense lawyers can still fight for you, along with making sure that you receive a fair trial and that your best interests are represented.

This includes knowing when and how to negotiate the right plea bargain so you can have a more favorable – and more predictable – outcome than a risky, expensive, and time-consuming trial.

This could mean reduced or dropped charges, smaller fines, less jail time, and alternatives to incarceration, such as probation, mental health evaluation and treatment, or drug rehab.

In other words, a sexual misconduct charge does not have to ruin the rest of your life.

Blank Law, PC: Specializing in Sex Crimes in Michigan

If you have been charged with a sexual misconduct offense and you want the kind of attorney-client relationship that gives you your best chance at beating the charges, you want Blank Law, PC

Founding sex crimes defense attorney Nicole Blank Becker has more than 20 years of experience in the Michigan legal system, serving as both an Assistant Prosecutor and as a private defense attorney. Before re-entering private practice, Nicole served as the Chief of Macomb County‘s Sex Crimes and Child Abuse Crimes Units.

Defense Attorney Christopher Coyle also brings experience and expertise to the table, having served over 30 years as a Wayne County Assistant Prosecutor. Before joining Blank Law, PC, Christopher was the Deputy Chief of the Special Victims Unit.

Together, that’s more than a half-century of specialized expert sex crimes defense that could and should be fighting for you right now. If you need help, a criminal attorney free consultation is just a phone call or a click away.

Sexual misconduct, statutory rape, sexual assault, and sexual abuse allegations are serious and complex issues that require the expertise of a skilled and experienced legal professional.

Attorney Nicole Blank Becker is a sexual abuse lawyer who specializes in representing individuals accused of sex crimes. Nicole has represented various defendants in Oakland County and surrounding areas, thanks to her extensive knowledge of all the laws and regulations regarding sexual abuse crimes in the State of Michigan.

Sexual misconduct allegations are quite common in colleges, like the recent University of Michigan sexual abuse scandal. However, not every allegation turns out to be correct. This is why people, such as University of Michigan physicians, who are accused of sexual harassment also deserve a good sexual abuse lawyer, like Attorney Nicole Blank Becker. Remember, everyone is innocent until they plead guilty or are proven guilty by a competent court of law.

It is usually worse for people in places of authority, such as professors and physicians in the University of Michigan. This is because a mere sexual misconduct allegation will ruin your reputation for life. The court of public opinion usually convicts you even before the trial starts.

Nicole knows that a sexual abuse crimes past will have a profound and lasting impact on the lives of those affected by them. The criminal justice system can be overwhelming, and navigating it without the help of an experienced criminal sexual conduct attorney is daunting. Nicole Blank Becker understands the gravity of these crimes and the sensitive nature of CSC cases. This is why she dedicated her career to representing individuals who have been accused of crimes such as sexual misconduct, sexual assault, or sexual abuse.

Nicole offers an attorney-client relationship of the highest quality, which is critical to successfully navigating these sensitive and often emotional cases. She is aware of the importance of trust and confidentiality in these cases, and she ensures that her clients feel comfortable and secure throughout the legal process.

Attorney Nicole Blank Becker’s Experience in Sexual Misconduct Criminal Defense

Attorney Nicole Blank Becker has a strong foundation in the law and has been practicing sex crimes law for over 20 years. She has tremendous experience defending persons accused of sexual misconduct, sexual violence, and sexual abuse.

She has gained a thorough awareness of the rules and laws governing these kinds of offenses, and she is familiar with the particular difficulties that her clients could experience throughout the judicial process.

Nicole’s experience in this area is further demonstrated by the fact that she has defended clients in numerous sexual misconduct claims, sexual abuse lawsuits, and offenses with victims who were allegedly sexually abused on college campuses.

Nicole is a terrific sexual abuse lawyer for anyone facing claims of sexual misconduct, sexual assault, or sexual abuse. She can also liaise with the different offices, such as the Washtenaw County Prosecutor’s Office, to help you get a reduced sentence when the need arises.

Should I Speak to the Police when Faced with Sexual Misconduct Allegations?

In Michigan, criminal sexual conduct is a severe offense, so it is crucial to know your legal rights and the potential repercussions of speaking with the authorities if you are accused of any sex crime. Knowing that everything you say to the police could be used against you in court is crucial.

Before you say anything to the police in Ann Arbor, anywhere in Wayne County, or anywhere else in Michigan, be sure to first speak with a Michigan sex crimes lawyer at Blank Law, PC.

When suspected of sexual harassment, one of the primary reasons why you should not talk to the authorities is that they might turn what you say against you. Even if you think you are innocent and have nothing to hide, the authorities might misinterpret what you say or twist your words.

As a result, you will make an incriminating statement to the police or give false testimony in court. Therefore, even if you are innocent, the police could use your words to make a case against you.

These strategies may work, especially if you are ignorant of your legal options and rights. However, you will get guidance from a CSC defense attorney on how to handle these situations and prevent self-incrimination.

It is also important to keep in mind that the police are not on your side; rather, they are looking into a crime and gathering information that could be used against you in court. Even if you are completely innocent, you risk implicating yourself or giving the prosecution evidence they need to prove their case. If you are being questioned by the police, hiring a criminal defense lawyer can advise you on what information you should and should not give them and can be there to guarantee that your rights are upheld.

In conclusion, it is critical that you consult with a rape defense attorney before giving any statements to the police if you are charged with criminal sexual behavior in Michigan. The sexual abuse lawyers at Blank Law, PC have an abundance of experience managing criminal sexual conduct cases, and they can help you understand your rights and the potential repercussions of speaking with the authorities. For a private criminal attorney free consultation and the proper legal representation you require to safeguard your freedom and rights, get in touch with Blank Law, PC now.

Recent Notable College Sexual Abuse Scandals

In recent years, there has been a number of university physician sexual abuse cases, particularly at schools such as the University of Michigan in Ann Arbor, Michigan State University in East Lansing, and even Ohio State University.

Although these cases revealed the sex crimes that were going on in the different colleges, they also increased the number of false allegations of sexual abuse. This calls for aggressive sexual assault lawyers who can sieve out the truth from the lies.

These college criminal sexual conduct cases involved allegations of sexual misconduct, alleged abuse, and assault by university physicians, often involving student athletes.

One particularly high-profile case involved athletics program physician Robert Anderson at the University of Michigan, who was accused of sexually assaulting and conducting unnecessary and intimate exams on students over three decades.

This case brought attention to the issue of sexual abuse by university physicians and the need for proper protocols and oversight to protect students.

As a University of Michigan physician, it is important to be aware of the potential for abuse and to take steps to prevent it.

This includes being professional at all times and avoiding any behavior that could be interpreted as inappropriate or predatory. It also means being transparent and open with students, particularly when it comes to medical exams.

University of Michigan physicians should ensure that all medical exams are conducted in a professional and appropriate manner, and that students are fully informed about the nature and purpose of the exam. This includes obtaining informed consent and ensuring that any exams that are not deemed medically necessary are not conducted.

It is crucial for colleges to have a protocol in place to handle any accusations of sexual misconduct or abuse, and to report any such accusations to the appropriate authorities. This includes the University Health Service and the university’s Title IX office. It is also important for university physicians to be aware of the laws and regulations surrounding sexual abuse and to ensure that they are complying with them.

In light of the University of Michigan sexual abuse scandal involving athletics program physician Robert Anderson at the University of Michigan in Ann Arbor, it is more important than ever for University of Michigan physicians to be vigilant and proactive in preventing sexual abuse.

By being professional, transparent, and following the appropriate protocols, university physicians can help protect students and maintain trust in an educational institution.

Free Consultations at Blank Law, PC

At Blank Law, PC, we understand the gravity and sensitivity of sexual misconduct and criminal sexual abuse crimes. This is why we offer free consultations to individuals who have been accused or may be facing accusations of these crimes in Ann Arbor.

Our sexual abuse lawyer will provide you with a confidential and safe space to discuss your case and advise you on your legal options.

We know that facing sexual abuse allegations can be overwhelming, and we believe that everyone should have access to legal representation, regardless of their financial situation.

During the consultation, our Ann Arbor sex crimes defense lawyer will review the specific details of your case, including any past incidents, and discuss any potential sexual assault defense strategies that may be available to you.

We will also provide you with a clear understanding of the legal process, including the role of the Washtenaw County Prosecutor’s Office, and the potential consequences you may face if convicted. Contact us today for your free consultation and start taking the first steps towards seeking justice.

Hire Blank Law, PC

To avoid a sexual violence conviction in Oakland County, Wayne County, or any Michigan cities, such as Ann Arbor, you need a good attorney-client relationship. This is a guarantee when you hire Nicole Blank Becker’s law firm. Contact us today for a free consultation.

In any criminal investigation, knowing the prosecution’s strategy is key to mounting an effective defense. So, if there is even a possibility that you might soon be facing criminal charges from law enforcement, it is of the utmost importance that you hire a criminal defense attorney immediately.

Even in the early stages of a criminal investigation, having the right defense attorney by your side can mean the difference between being found guilty and serving jail time or being found innocent and walking away with your freedom. In fact, the right law firm may even be able to have your criminal case thrown out before it can go any further.

So how can you find out if you are being investigated? To help you navigate the tricky criminal justice system, let’s take a look at some of the telltale signs that all criminal investigations have in common. Use this information to hire the best local defense attorney to handle your criminal case.

You might think that if you are a suspect in a criminal or federal investigation that law enforcement would just come out and tell you. Unfortunately, it is not quite that simple.

During criminal cases and federal investigations, law enforcement officers do not have to inform you that you are a suspect or even that they may arrest you. However, their actions often speak louder than their actual words.

The Police Want to Question You

The easiest way to tell if there is an active local or federal criminal investigation of you is if any member of law enforcement contacts you – police officers, detectives, deputies, the Sheriff, a government employee, or agents from any of the federal agencies – FBI, CIA, Homeland Security, etc. Learn what to do if a detective is looking for you here.

Aren’t Police Allowed to Ask Questions?

Members of law enforcement have the legal power to approach people and ask them questions. In and of itself, being questioned by the police does not necessarily mean you are a suspect in a crime. In fact, for the good of the general welfare, every citizen is encouraged to cooperate with police officers of the law in the performance of their duties.

With that said, it should be a major red flag if they are overly focused on YOU – your activities, your whereabouts, your alibi, etc.

You should also be concerned if they detain you, either physically or by a show of authority that makes you feel that you are not free to go.

What Should I Do if Police Want to Question Me?

If any member of law enforcement is questioning you about your possible involvement in a criminal or federal investigation, there are two things that you absolutely MUST do to protect yourself. Your freedom and your future depend on it.

Invoke Your Right to Remain Silent

First, exercise your constitutional right to remain silent. This is the first of your “Miranda Protections,” and it prevents you from saying something that could harm your defense.

In other words, do not try to explain yourself or answer questions to clear things up, because anything you say can and will be used against you in a court of law.

In fact, if you say the wrong thing, it could actually help the criminal case for federal investigation against you. You could end up in front of a grand jury because of something that you mentioned earlier.

One important caveat – you can’t just stop talking. The Supreme Court has ruled that:

“Criminal suspects must now unambiguously invoke the right to remain silent.”

Simply tell the interrogating officers, “I exercise my right to remain silent under the Fifth Amendment.” Then, all law enforcement and federal agencies are required by law to immediately stop questioning.

Invoke Your Right to an Attorney

The second of your “Miranda Rights” is your right to consult with an attorney before speaking with law enforcement and to have that attorney present during any further questioning.

Again, you must clearly state that you wish to use this right, by saying “I exercise my right to have a defense attorney present, under the Sixth Amendment.”

Blank Law, PC offers a criminal attorney free consultation to all potential clients 24/7/365!

Using Your Rights

Used together, these legal rights of yours form a shield that protects you when you are investigated for a crime. Your words can’t be twisted or misconstrued and used as a weapon against you, and law enforcement cannot unlawfully keep interrogating you for hours on end.

The Police Want to Question Your Family and Friends

If you are being investigated for a crime, another common tactic that a public or private investigator might use is to reach out to the people closest to you – your family members, friends, neighbors, and even coworkers.

They can do this either before or after they talk to you in their efforts to get a more complete picture of the situation.

There is no telling what these other people will tell law enforcement. Their statements can be the absolute truth, outright lies, mistakes, or their incomplete version of the truth.

Here is the thing – if their stories contradict yours in any way, it can potentially cast more suspicion on you, or at the very least make law enforcement look at you more closely.

Again, this is why you should invoke your right to silence and refuse to answer any questions without a criminal defense attorney by your side. They will be able to challenge the statements of any so-called “witnesses” and in many cases, have them ruled inadmissible; ultimately keeping you out of jail.

Law Enforcement Shows Up with a Search Warrant

If law enforcement officers show up at your home or place of business with a search warrant, that is an unmistakable sign that you are under criminal investigation.

It means that investigators have convinced a judge that there is probable cause to search your property or business for evidence of your involvement in a crime. They are hoping to find enough evidence for the district attorney to file charges and try you before a grand jury.

Do not argue with investigators who are serving a warrant. Do not try to prevent them from entering and do not try to hide or destroy anything. Call your criminal defense attorney and let them handle everything.

You are under Surveillance

It is also possible that law enforcement agencies may survey you, your family, and your place of business to track your activities and whereabouts in an attempt to gather more incriminating direct or circumstantial evidence against you for use in front of a federal grand jury.

With that said, they must have probable cause to get permission for certain types of surveillance.

If you have the right law firm representing you and the right attorney-client relationship, the initial warrant and any subsequent evidence can be challenged in court and possibly ruled inadmissible.

You Receive a Target Letter

Often, law enforcement and federal agencies will notify you that you are the subject of a criminal investigation by sending a written document.

Common elements of a target letter include:

• Your status as either a target or a witness of a federal investigation
• A list of crimes that you are thought to have committed
• An invitation to contact the investigator or prosecutor
• A reminder of your rights

There are a few things to keep in mind about target letters.

First, they indicate that you have probably been under investigation for quite a while.

Second, they mean that there is probably sufficient evidence against you to justify filing charges.

Third, receipt of a target letter means that an indictment is very likely.

Fourth – and most encouraging – it means that the prosecutor is willing to discuss your criminal case. This may be your opportunity to share your side and, if necessary, negotiate your best plea bargain or other deal.

Always let your defense attorney respond to any target letters. When the prosecution’s case is laid out in more detail, they will be better able to advise you on whether or not to accept any offers.

The right law firm will help you negotiate the best possible outcome.

What Blank Law, PC Can Do for You

If you live in Michigan and are facing a criminal investigation, your first and best resource is the law firm of Blank Law, PC.

No other attorney’s office offers the powerful combination of experience and expertise that you need to beat local or federal charges.

Founding defense attorney Nicole Blank Becker has over 20 years of experience as both an Assistant Prosecutor and a criminal defense attorney. Her expertise allowed her to rise to Chief of Macomb County‘s Sex Crimes and Child Abuse units.

Defense attorney Christopher Coyle has practiced law for over 30 years, including 28 years as a Wayne County Assistant Prosecutor. His skill eventually landed him the position of Deputy Chief of the Special Victims Unit.

What this means to you is a uniquely qualified defense law firm that can anticipate the prosecution’s strategy and next moves to put together a criminal defense that ensures the best possible outcome.

For a free consultation, contact Blank Law, PC. When your future and your freedom are at stake, never settle for less than the best.

Therefore, you should seek the assistance of a sexual assault defense lawyer if your child has been accused of child sexual abuse. It would take the burden off your shoulders if you allowed a skilled sex crimes lawyer to guide you in handling a criminal case involving child victims.

At Blank Law, PC, we fight for those accused of child sexual assault, engaging in unlawful sex acts with a minor or child pornography. Once you establish an attorney-client relationship with our law firm, we can advise you about the best legal options available.

We will also work with you to build aggressive sexual assault defense strategies should criminal proceedings at the juvenile court be initiated against your child. Reach out to us for a free consultation today.

Can a Minor Be Charged with Molestation?

The age of consent under Michigan criminal law is 16. Therefore, anyone below 16 years of age is deemed incapable of consenting to sexual activities. Adolescents who are 16 or older can legally consent to a sexual act with other people who are above 16. Still, the law imposes restrictions on these sexual encounters.

Anyone who engages in sexual penetration (whether oral, vaginal, anal, or digital) with a minor below the legal age of consent will be charged with statutory rape in Michigan. Statutory rape is a form of criminal sexual conduct and attracts harsh legal penalties. Those convicted often face a lengthy prison sentence and mandatory sex offender registration.

Section 722.1 of the Michigan Penal Code states that a minor is someone below the age of 18. Therefore, a person who is 16 or older, but below 18, could validly consent to sexual activity with an adult. However, when a person who is 16 or older, but below 18, engages in a sexual act with a child who has not attained the legal age of consent, it could be regarded as child molestation.

Can a Minor Be Charged with Child Sexual Abuse if the Sexual Activity was Consensual?

An adult may face child molestation charges for engaging in a sexual act with a minor below the legal age of consent. It does not matter that the child had agreed to the act, as people under 16 are deemed incapable of legally consenting to a sexual act.

However, can criminal sexual abuse happen between two minors if it is a “consensual“ sexual encounter?

Michigan imposes strict laws on the legal consenting age and the kind of sexual contact that is allowed or prohibited in the state. Although it is assumed that minors are immune to criminal charges, all sexual assault allegations are considered serious in Michigan, and convicted offenders suffer severe punishments.

Whether child molestation can occur between two minors depends on the parties‘ ages and the nature of their sexual relationship. Suppose both parties have attained the legal age of consent, but are under 18. In that case, it may not be considered sexual abuse if the sexual act was consensual.

However, if both parties are under 18, but only one of them has attained the legal age of consent, it may be considered sexual assault, depending on the nature of their sexual encounter. If the act involves sexual penetration, it will be deemed child molestation.

You must consult a criminal sexual conduct attorney if your child has been accused of engaging in a sexual act with other minors. You may be able to find a legal exemption or build a solid criminal sexual conduct defense to get the charges dropped.

Attorney Nicole Blank Becker of Blank Law, PC is a leading Michigan defense lawyer with decades of experience handling sex crime cases, including those involving minors. Contact our law firm for legal advice and assistance in helping your teenager avoid a criminal conviction.

Romeo and Juliet Law

Generally, consenting sexual conduct is not illegal in Michigan, especially when it does not include lewd and lascivious acts. However, minors are prohibited from engaging in sexual acts before reaching the legal consent age. Therefore, when a child under 16 engages in a sexual act that involves penetration with other minors, it becomes child sexual assault.

A Romeo and Juliet case occurs when an adolescent above 16 engages in an act of a sexual manner with a juvenile under 16. Such situations pose legal risks that could land one of them in a juvenile facility.

The Michigan Romeo and Juliet law seeks to protect teenagers who have engaged in a consensual sexual act. According to the law, if a teenager below 16 is involved in a sex act with another teenager above 16, they will not be prosecuted for sexual assault. However, such sexual acts must not involve sexual penetration of any kind. Therefore, this law only protects teenagers from being prosecuted for sexual assault if they engage in any sexual act, excluding sexual penetration.

The Michigan Compiled Laws state that it is not a sexual crime for a person younger than 16 to engage in sexual activity with a person four years older or younger. The requirement that the older person in a relationship cannot be more than four years older and the use of the word “contact” are the two most crucial components of this law and its exception. This indicates that, per the law, sexual penetration or intercourse is not permissible.

How Does the Romeo and Juliet Law Affect a Juvenile Convicted of Child Molestation and Placed on the Sex Offender Registry in Michigan?

Anyone convicted of a sex offense in Michigan must register as a sex offender. This requirement also extends to juveniles convicted of child molestation or criminal sexual conduct under Michigan law. Once a convicted sex offender is placed on the registry, it is challenging to get their criminal record erased. However, the law allows for some exceptions.

A minor found guilty of child molestation may have their record expunged from the Michigan Sex Offender Registry under the Romeo and Juliet law. This statute allows for the permanent expungement of sex offender records for registered sex offenders who were innocent, consenting adolescents at the time of the incident and were convicted of sexual assault.

Here is how the law works – the court must receive a petition for removal from the juvenile offender before it would be considered. If all the following conditions are met, then the court grants the petition for removal:

● The victim was between the ages of 13 and 16 at the time of the incident

● The offender was no more than four years older than the victim

● The alleged victim had “consented” to the act

The Romeo and Juliet law also applies if these factors are present:

● The offender was convicted of sodomy or a crime against nature involving a victim under 18

● The offender was convicted of gross indecency against a victim between 13 and 17

● The offender was convicted of CSC 2nd degree and the victim is under the Michigan Department of Corrections custodial authority or an actor of the department

● The victim was not under the offender’s custodial authority at the time of the crime

● The victim was 16 or older when the crime occurred

The mere existence of these factors does not ensure the removal of a sex offender registration record., because the court will set a date afterward to decide whether to approve the petition.

Does the Michigan Legal System Impose Other Restrictions on Consensual Sexual Relationships Involving a Juvenile Who Has Attained the Legal Age of Consent?

Teenagers above 16, but below 18, have attained the legal age of consent and can have consensual sexual encounters with others. However, they cannot consent to sexual contact with their school teachers or employees, or else it would result in teacher sexual misconduct.

If a school employee has sex with a student of legal age, the employee could be charged with criminal sexual conduct 3rd degree. If the sexual contact involved a minor between 13 and 16, the adult would be charged with criminal sexual conduct 2nd degree. The penalties for this kind of sexual abuse include serious jail time.

Will Your Teenager, Who Faces Child Molestation Charges, Be Convicted and Punished Under the Michigan Justice System if It Turns Out that the Alleged Victim Lied About Their Age?

In some cases, the alleged victim lies about their age, leading the other party to believe they have attained the legal age of consent. Although the person accused of sexual assault has made a genuine error, Michigan criminal law does not view such a mistake as a solid legal defense.

The sexual abuse allegations in these cases are valid, and your child may be investigated by a law enforcement agency concerning them. If there is sufficient evidence against them, the case will proceed to juvenile court.

Can a Minor Be Tried in an Adult Court on Child Molestation Charges?

Generally, minors are tried under the juvenile court system, where the primary goal is rehabilitation. However, juveniles may be required to be placed in a juvenile facility for years as a punishment for child molestation.

With that said, suppose the sex offense involves aggravating circumstances. In that case, the judge may recommend that the child be tried under the adult criminal justice system. These situations typically occur with adolescents who are almost 18.

If the minor is found guilty, they will face mandatory sex offender registration, fines, and/or prison sentences. In addition, they may be subjected to community service, rehabilitation, and/or counseling sessions.

Contact Attorney Nicole Blank Becker and Blank Law, PC to Help Your Child Fight Sexual Abuse Charges

If your child has been accused of child molestation, you need to retain legal counsel. Attorney Nicole Blank Becker is a top CSC defense attorney handling all types of criminal cases involving minors, including continuous sexual abuse, child pornography, and child abuse.

Her years of experience as a former prosecutor with the Sex Crimes and Child Abuse Unit make her the perfect lawyer to represent your child. She is prepared to help you achieve the best result.

For a Michigan criminal defense attorney free consultation, contact our law firm at (248) 515-6583 or via our online form.

A no contact order (also called a “restraining order”) is a court order that prohibits one person from having any physical or verbal contact with another person. It is often used in cases of domestic violence, where a person in a domestic relationship (such as a spouse, child, or family member) has allegedly been the victim of physical or verbal abuse.

If a no contact order is issued, the alleged abuser is not allowed to have any direct contact with the alleged victim, including cell phone calls, texts, emails, or in-person visits.

What is a No Contact Order?

No contact orders come in various forms:

Temporary No Contact Orders (TNCO)

In Michigan, temporary no contact orders are frequently granted by a court on a temporary basis, awaiting a full court hearing on the matter. If the judge determines there is a risk of harm to the victim, the court may issue a TNCO during an emergency hearing at the victim’s request or on its own initiative.

A TNCO is usually granted in situations where there is an immediate threat of injury to the applicant.

This indicates that the person who is being shielded by the TNCO is in danger of soon being hurt by the other party. A TNCO might be required in situations like if you have been threatened with bodily harm, such as being hit, kicked, or punched. If you have experienced stalking, harassment, or other forms of abuse, a temporary no contact order will also be granted.

Civil No Contact Order

In Michigan, a court may impose a civil no contact order in a matter involving family law, such as a divorce or custody arrangement. This kind of order is frequently issued in situations involving domestic violence or harassment, and it lasts longer than a temporary no contact order.

Civil no contact orders could also have clauses stipulating child custody or financial support for the victim. For instance, if a couple is divorcing and one spouse’s behavior is causing worry, a civil no contact order may be granted to safeguard the other spouse and any children involved.

The order may specify child custody and child support guidelines for the same children, as well as a prohibition against the person having any contact with them.

Personal Protection Order (PPO)

An individual can be shielded from stalking, sexual assault, harassment, and other threats of bodily harm with the aid of a personal protection order, and is issued by a court in Michigan.

The person the PPO is issued against could be a close friend, a roommate, or someone the victim has dated in the past. A Michigan PPO is intended to make the victim feel protected and secure and to halt further abuse or harm.

In Michigan, there are two different kinds of PPOs: domestic and non–domestic. Domestic relationship PPOs are given out to safeguard those who are or have been associated with one another domestically, such as a spouse, ex-spouse, or family member. Non-domestic PPOs are given out to shield people who are not married or otherwise living together, but have been the target of harassment, stalking, or bodily threats.

In order to obtain a PPO in Michigan, the victim must petition for a restraining order by providing information to the court clerk. The victim has to present proof of stalking, harassment, or physical harm threats.

The respondent, or the individual against whom the PPO is issued, will receive a copy of the order and is responsible for adhering to its requirements. This order is often served to the respondent through registered or certified mail in order to ensure that they are aware of the terms and restrictions of the order.

The PPO is subject to challenge by the respondent at a hearing. This takes place within 14 days of the interim order’s issuance. Both the victim and the alleged abuser have the chance to present evidence and argue their positions during the hearing. The court will grant a PPO if it determines that the petitioner has proven a necessity for the PPO.

Breaching a PPO

In Michigan, breaking a PPO is a crime that carries fines, jail time, and other sanctions. Victims typically carry a copy of the PPO in hopes of being protected by it. Violations of the PPO are advised to be reported to the authorities as soon as possible.

If you violate the terms of the order, a police officer can be called to intervene and enforce the order.

PPOs are crucial for people who feel they are a target of harassment, stalking, or physical threats. They might stop additional abuse or harm and aid in making people feel safe. It is crucial to hire a criminal defense lawyer who can assist you with defending your legal rights, no matter if you require a PPO in Michigan or have one served against you. You can obtain the personal freedom you deserve by taking advantage of Blank Law, PC’s free consultation service.

I Have Been Served with a No Contact Order, What Now?

If you have been served with a no contact order, it is important to take it seriously and follow its provisions. A contact order violation is a criminal offense, and you will face criminal charges if you do not comply with the order.

If you have been accused of violating a no contact order, you should contact a Michigan criminal defense lawyer as soon as possible. Your attorney can help you understand your rights and defend you against criminal charges.

How to Lift a No Contact Order

It is possible to have a no contact order lifted or modified by the court. If you would like to have a no contact order lifted or modified, you can do so by filing a motion with the court. This will typically involve a court hearing, at which a judge decides whether to lift or modify the order.

Alleged victims that do not want the no contact order to be lifted or modified should inform the court of their wishes and attend the hearing to present their case.

How to Obtain a No Contact Order

If you are the victim of domestic violence or stalking and you need help obtaining a no contact order, you can contact a law firm that specializes in family law or domestic violence cases. An experienced criminal defense attorney can help you understand your rights and assist you in obtaining a no contact order to protect you from further harm. In some cases, it is possible to obtain a no contact order through the police or a local court. However, it is usually a better choice to hire a criminal defense lawyer to ensure that the order is properly issued and enforced.

Federal Law on No Contact Orders

Federal legislation acknowledges the significance of preventing injury to people as well, notably in situations of domestic violence. A federal statute known as the Violence Against Women Act (VAWA) offers services and assistance to victims of stalking, sexual assault, and domestic violence.

Additionally, it enables victims to ask a federal court for a protective order, which can be used to forbid an alleged abuser from getting in touch with them at all.

In spite of their immigration status, victims are permitted to get a protective order under the VAWA, which is applicable to all states and territories. Additionally, it offers financial support for a range of organizations and initiatives that help victims of domestic violence, like shelters and hotlines.

Federal Law on Restraining Orders

Federal law also allows for the issuing of restraining orders in stalking instances, in addition to the VAWA. A restraining order may be requested by stalking victims in federal court thanks to the Stalking Victims Protection Act, which is another federal legislation. This kind of order may forbid an accused stalker from contacting the victim in any form and may also specify certain restrictions, such as requiring the stalker to maintain a particular distance.

In general, federal law emphasizes the significance of defending people from danger, especially in situations involving domestic abuse and stalking. Victims can get protection orders in federal court to ensure their safety and wellbeing, and it offers victims support and resources.

Hire Blank Law, PC

If you are in Michigan and need help with a criminal case concerning a no contact order, you can contact the Michigan legal help website for more information and assistance. You can also visit the county clerk’s office in your local Michigan county to obtain a no contact order or to request that an existing order be lifted or modified.

You may be able to obtain a no contact order through the police or a local court, but it is usually best to seek legal services from an experienced attorney to ensure that the order is properly issued and enforced.

Attorney Nicole Blank Becker is an experienced lawyer who has helped numerous clients obtain no contact orders, and get them lifted or modified. Do not hesitate to contact us and her team at Blank Law, PC for a Michigan criminal defense attorney free consultation today regarding no contact orders.

Solicitation is considered a sex crime in Michigan and is penalized accordingly. It doesn’t matter that it does not involve a victim or harm public property. According to the Michigan Penal Code, soliciting prostitution is illegal. You could get a fine or a sentence in the county jail if you are found guilty of solicitation in Michigan.

However, the punishment for solicitation is not usually as severe as the adverse effects of a criminal conviction on your relationships, future employment opportunities, and, in some cases, your immigration status in the United States. You could face societal shame and stigma if you are charged with solicitation, engaging in a sexual act with a prostitute in exchange for money, or merely consenting to commit an act of prostitution.

Therefore, you need to take a solicitation charge seriously. Although it is a misdemeanor crime, you will be punished if you do not build a solid legal defense. You need a skilled prostitution lawyer to avoid being penalized for solicitation.

Our sex offender lawyers at Blank Law, PC, are ready to assist you in fighting solicitation charges in Michigan. Contact us to arrange a free initial consultation.

Penalty for Soliciting Prostitution

Solicitation and prostitution are closely linked sex offenses, and are often used interchangeably. However, they constitute separate sex crimes under Michigan criminal law, attracting strict penalties. Prostitution is the act of providing sexual services in exchange for money. In contrast, solicitation of prostitution refers to making a proposition to someone about giving sexual favors for money.

Michigan Comp. Law 750.451 states that it is illegal to encourage another person to engage in sexual acts like prostitution in exchange for payment or other benefits. The law also stipulates that there must be a minimum of two parties — the person performing the soliciting and the person being solicited — for someone to be charged.

Therefore, whether the encounter occurred in public or privately, whether it was verbal or nonverbal, if you have been charged with solicitation, the prosecutor believes that you must have approached another person and offered to pay for sexual intercourse or any other sex act.

What matters is that you requested, ordered, or urged someone else to perform a sex act in return for a fee. You could also be charged with solicitation of prostitution even if you did not engage in an act with another person. In addition, you can be prosecuted even if your request for sexual acts was declined.

In a case where a defendant faces prostitution charges, the prosecutor must show that the defendant engaged in the sexual activity. However, for a solicitation charge, the prosecutor must establish a specific intent to commit prostitution on the defendant’s part.

The severity of the punishment for solicitation often depends on the frequency of the crime‘s occurrence.

A first offense attracts a minor sentence, while a third offense carries a harsher penalty.

Solicitation is considered a misdemeanor sex crime if it is a first offense. According to Section 750.449a of the Michigan Penal Code, Act 328 of 1931, the penalty for a first-time offense is a maximum sentence of 93 days in jail, a fine of no more than $500, or both. In some states, the punishment for a first offense could include community service or be mandated to take classes on the dangers of prostitution. In such cases, the jail term or fine may be waived.

A second offense of solicitation is also a misdemeanor crime punishable by up to a year in county jail, a $1,000 maximum fine, or both. However, a third or subsequent conviction is a felony offense punishable by a potential two year prison sentence, a maximum $2,000 fine, or both.

Therefore, if you have been arrested for solicitation, either as a first offense or subsequent offense, you need a sex crimes lawyer. Our law firm will work with you to build a solid criminal sexual conduct defense that could help you get the soliciting a prostitute charges dismissed or the punishment reduced.

Fill out this online form to schedule a Michigan criminal defense attorney free consultation.

Will You Be Required to Register as a Sex Offender for a Solicitation Conviction in Michigan?

Criminal sexual conduct and other sex crimes in Michigan carry harsh penalties, including mandatory sex offender registration. Convicted offenders are placed on the Michigan Sex Offender Registry, which contains their personal details and information about the crime. This data is available to the public and can be accessed anytime.

However, a solicitation of prostitution conviction under Section 750.449a of the Michigan Penal Code, Act 328 of 1931, does not qualify as a Tier I, Tier II, or Tier III sex offender offense under the Sex Offenders Registration Act (SORA). Therefore, if you are convicted of solicitation in Michigan, the law does not require you to sign up with the Michigan Registry.

Even though you might not have to register under SORA, your chances of being employed in a school may be severely affected if you have been convicted of solicitation. All job applicants must submit to a background check before being hired in Michigan schools. Anyone guilty of soliciting or pandering cannot occupy a position at a learning institution.

Furthermore, if you are guilty of a crime involving solicitation of a minor under Section 750.449a(2) of the Michigan Penal Code, Act 328 of 1931, it is considered a Tier I sex offender offense under SORA. As a result, you will be required to register under SORA if you are convicted of soliciting a person under 18.

Will a Solicitation Conviction Affect Your Immigration Status in the U.S.?

A solicitation conviction can be an obstacle when immigration matters are involved. It could affect your immigration status, particularly if you have a temporary visa, such as a work or study permit or a tourist visa.

However, if your immigration status is more stable, such as having a permanent residency, a solicitation conviction may not have such a significant impact. This is because solicitation for prostitution is usually considered a misdemeanor, especially if it is the first offense, and the chances of facing a lengthy jail term are low.

However, because solicitation and other prostitution-related crimes are considered immoral sexual conduct, if you are not a U.S. citizen, being found guilty could lead to the cancellation of your visa, a delay in the naturalization process, and even deportation.

What are the Possible Defenses of a Solicitation Charge?

In criminal cases, prosecutors must prove the defendant’s guilt beyond a reasonable doubt to secure a conviction. As such, criminal defendants work with their sex crime lawyers to weaken the prosecution’s case. If they successfully create solid sexual assault defense strategies, it could improve their chances of getting their charges dropped.

Creating the most effective defense against solicitation depends on the circumstances surrounding the event. If you could prove that the incident perceived as a solicitation was not one and that there was no payment in exchange for sex, it could be a potential legal defense against a solicitation charge. If you can also prove that although money was exchanged, it was not to solicit a sexual act, you could get the charges dropped.

In addition, entrapment could be used as a defense if the arrest was made as part of a police sting operation. When police are involved in a sting operation, the officers should not try to lure people into prostitution or criminal activity. Instead, they should wait until a suspect starts the illegal activity. If you were drawn into solicitation by the police, it could serve as a defense against criminal charges.

How Can a Sex Crimes Defense Attorney Help You Beat Solicitation Charges?

If you face solicitation or prostitution charges, you must work with a criminal sexual conduct attorney who handles such criminal cases. A seasoned CSC defense attorney will advise you on the most effective defense strategies and help you avoid a conviction.

Blank Law, PC Provides an Excellent Legal Defense Against Solicitation Charges in Michigan

Attorney Nicole Blank Becker is a skilled Michigan criminal defense lawyer solely handling sex crimes. Having worked as a former prosecutor with the Sex Crimes Unit in Macomb County, Nicole has decades of experience with Michigan prostitution laws and can help you create the best defense strategies.

Nicole Blank Becker places a great emphasis on developing a solid attorney-client relationship with her clients, which enables them to openly communicate confidential or sensitive information regarding their sex crime case with her. Contact us for a free consultation today.

According to data released by Statistica, there were over 4.53 million arrests for all offenses in the United States in 2021, and many of these arrests were for indecent exposure. Every state, including Michigan, has indecent exposure laws that prohibit people from committing this sex crime.

Yet, can a minor be charged with indecent exposure? The answer is Yes! Typically any person (even those under age) that exposes his or her genitals or private parts knowing that others will be offended or for sexual gratification can be charged with this sex crime.

Unfortunately, those convicted of an indecent exposure offense could find themselves listed on the Michigan Sex Offender Registry. Additionally, many people do not realize how common indecent exposure charges are in Michigan and how serious this crime is in the eyes of judges and juries.

So, if you or someone you love who is a minor has been charged with indecent exposure, it is a good idea to consider hiring a criminal defense lawyer. An attorney can help a minor avoid an indecent exposure conviction by building strong sexual assault defense strategies against regular and aggravated indecent exposure charges.

Before contacting one of our sex offender lawyers at Blank Law, PC, about your case, read more about this crime, its criminal penalties, and defenses. Then speak to us as we take the attorney-client relationship seriously.

What Exactly is Considered Indecent Exposure in the State of Michigan?

To understand why the penalty for indecent exposure can be severe for minors, you need to know more about this crime. Simply put, indecent exposure refers to an individual purposely exposing themself in a public setting where the exposure is commonly considered abnormal, lewd, or out of place.

Thus, if you intentionally show your private body parts (genitals) in a setting that can be deemed upsetting, offensive, or against the standards of public decency, you have a high chance of being charged with indecent exposure.

Even though some parts of Michigan are more lenient regarding indecent exposure, intentional exposure of your genitals will see you facing Penal Code 750.335a charges no matter where you live. However, there are some incidents where indecent exposure cannot be charged and a person convicted. They include:

• The exposure of a woman’s breast during breastfeeding
• Accidental nudity
• This can include wardrobe malfunctions, exposing one’s underwear, and being nude when believing oneself alone

A sex crimes lawyer can work alongside you to determine if you can be charged as a sex offender for indecent exposure as a minor.

What Does the Michigan Penal Code 750.335a Indecent Exposure Entail?

Now that you know more about what is classified as indecent exposure, it is a good idea to learn more about Michigan’s Penal Code 750.335a, which deals specifically with indecent exposure. This Penal Code includes the following parameters that your lawyer can explain in further detail:

• An individual is not knowingly permitted to follow through with open or aggravated indecent exposure of their person or another person. A person who violates this can face an aggravated indecent exposure conviction if found guilty of a misdemeanor. Per the Michigan Sentencing Guidelines, a misdemeanor is punishable by no more than a single year in county jail or a fine of no more than $1,000, or both.
• Should an individual purposely fondle their pubic area, genitals, buttocks, or breasts while indecently exposing themselves, they can be guilty of a misdemeanor with stricter consequences. These include potential prison time of up to two years and a fine of no more than $2,000, or both.
• Suppose a person is guilty of indecent exposure and is a known sexually delinquent person (minor or not). In that case, the violation is punishable by jail time of a minimum of one day, up to a maximum of life in prison.

Can a Minor Be Charged with Indecent Exposure?

As you might have gleaned, a minor can be charged with indecent exposure in Michigan. Many people don’t know that minors in Michigan can be charged with a sex crime, and indecent exposure is classified as such.

However, since a minor is alleged to have committed this serious crime while under 16, which is the legal age of consent in Michigan, they are likely to face criminal charges in a juvenile court. Additionally, minors accused of committing sex crimes likely won’t need to undergo sex offender registration.

This is not always the case, however, which is why it is crucial to discuss your case with a sex crimes defense lawyer at Blank Law, PC before it goes to trial at a juvenile court.

Are There Defenses Available to Minors for Indecent Exposure Charges in Michigan?

Fortunately, defenses are available to minors facing indecent exposure charges in Michigan. With the assistance of an attorney, a minor could use one of the below defenses to get the charges dropped or lessened. To explain each defense, we have provided examples of how they can be used to fight indecent exposure conviction charges as a minor.

The Indecent Exposure Accusation is False

A minor can state that the indecent exposure accusation is false. For example, defendant Lee is trying to report bullying at her school. Judy threatens to accuse Lee of deriving sexual pleasure from purposely exposing herself in front of two schoolchildren unless she doesn’t report her.

Lee has never intentionally exposed herself indecently in front of school children. Judy complains about her to the school and is forced to tell the police. Lee is arrested for indecent exposure. Should Lee be convicted of violating Penal Code 750.335a?

The answer is No. Even though Judy alleged facts that supposedly prove Lee is guilty of criminal sexual conduct, Lee can not be convicted of violating Penal Code 750.335a because Judy did not tell the truth.

The facts unearthed during an investigation show that Lee never exposed herself to school children. Judy made a false accusation because she did not want to be reported for bullying. Thus Lee has to be acquitted.

The Evidence is Insufficient for Conviction

A minor can claim that the evidence against them is insufficient for conviction. For example, 16-year old Jennifer has a fetish for exposing herself in public parks. She goes to a park regularly, only wearing a trench coat with nothing underneath.

When she gets to a park, she sits on a bench and opens her coat, hoping that someone will see her naked body. To Jennifer’s dismay, no one is there to see her, so she closes her jacket. Soon after, police officers appeared and arrested her for a suspected violation of indecent exposure. Should Jennifer be convicted?

Ultimately, the answer is No. Although Jennifer had lewd intent, as she wanted to be seen naked in public for sexual gratification, she could not be charged with indecent exposure. This is because there was no one in the park to be offended by her display, which makes the evidence insufficient. If the state of Michigan can not prove even a single element of a criminal sexual conduct charge, Jennifer must be acquitted and can’t be charged.

It is a Case of Mistaken Identity

A minor can use the defense of mistaken identity. For example, 15-year old Junior has an identical twin brother named Eric. Eric’s girlfriend, Shauna, recently broke up with him, and the relationship ended with an ugly argument.

Based on this, Junior supposedly decided to assault Shauna by leaping in front of her naked at a party to try and humiliate her. To further cement the humiliation, he yelled obscenities at her while he chased her home. After this, Shauna accused Eric of indecent exposure, and he was arrested. Should Eric be convicted of indecent exposure?

This is a tricky scenario because it is a good case for indecent exposure, and, based on the facts, charges can be laid. However, Eric can not be convicted according to indecent exposure laws because his twin brother Junior pretended to be him when humiliating Shauna. An individual should not ever be convicted of a crime they did not commit, so Eric would be acquitted, and Junior charged with indecent exposure.

When Can Indecent Exposure Become a Felony?

Unfortunately, there are times when a minor charged with indecent exposure can be facing a felony instead of a misdemeanor sex crime. Some of the indecent exposure cases where harsher penalties can be carried out include:

• When the accused is a repeat offender: If a minor is charged with a second or subsequent sex crime (indecent exposure offense by willful exposure), the charge will automatically be changed from a misdemeanor to a felony. A conviction could lead to a fine of up to $10,000 and three years in a state prison per offense.
• When the accused is guilty of aggravated indecent exposure: If a minor commits aggravated indecent exposure, this is classified as a wobbler offense. This means the minor could be facing a misdemeanor or a felony charge. Additionally, aggravated indecent exposure refers to when a minor purposely and without permission exposes their private parts in an inhabited trailer, building, or home.

Speak with a Michigan Criminal Defense Lawyer at Blank Law, PC Today to Discuss Your Case

So, clearly a minor can be charged with indecent exposure. Unfortunately, the laws and penalties surrounding indecent exposure charges can be complex and challenging to understand, as is often the case with sex crimes.

In addition to this complexity, the charges themselves often carry an immense stigma in society, which can be damaging before or after a conviction. This is why hiring a Michigan criminal sexual conduct attorney from Blank Law, PC, is crucial.

Attorney Nicole Blank Becker and her team of sex offender lawyers will work alongside the charged minor to find and evaluate the facts to determine the best course of action. We work with our clients to do our very best to help them obtain a fair solution. Just because a minor is charged with a sex crime does not mean they deserve to be convicted.

If you or a loved one is facing an indecent exposure charge and don’t want to be classified as a sex offender, contact us for a Michigan criminal defense attorney free consultation. We are on your side and will fight indecent exposure charges on your behalf.

Criminal sexual contact may be classified as a misdemeanor or a felony depending on the circumstances. Thus, it may be charged as a second or fourth-degree criminal sexual conduct (CSC) offense depending on the circumstances surrounding the criminal sexual contact. If accused of a sexual offense, our skilled sex crimes lawyers are here to help you through the process.

Criminal Sexual Contact

Although the precise definition of criminal sexual contact varies from jurisdiction to jurisdiction, it typically refers to any unwelcome sexual contact or offensive touching that is carried out under duress.

Common Examples of Criminal Sexual Contact

Examples include caressing anyone’s sexually suggestible body areas, such as the breasts, buttocks, or genital region. A threat to harm the victim or a loved one if they refuse to have sexual contact is one example of a non-physical kind of coercion that will get you into trouble.

Other examples of criminal sexual contact include forcing someone to touch your genitals without their consent. Unwanted sexual contact, such as grinding against someone on a dance floor, could also be considered criminal sexual contact.

Classification of Criminal Sexual Contact

Depending on the seriousness of the violation, four degrees of criminal sexual behavior exist in Michigan. Criminal sexual conduct 1st degree and criminal sexual conduct 3rd degree involve sexual penetration. Criminal sexual conduct 2nd degree and criminal sexual conduct 4th degree comprises non-consensual sexual touching, i.e. criminal sexual contact.

Aggravated Criminal Sexual Contact

A more serious offense that involves the use of physical force or the threat of significant bodily injury is aggravated criminal sexual contact. This could happen when the victim is harmed physically or when they are threatened with a weapon.

As a subset of CSC 1st degree, aggravated criminal sexual contact includes sexual penetration, contact that is accompanied by the use of force or compulsion, or contact with a victim who is a blood relative to the actor.

Aggravated criminal sexual contact is treated harshly by Michigan law, which recognizes it as a particularly vile and violent felony. Those found guilty of aggravated sexual abuse face a maximum sentence of life in prison and may also need to register as sex offenders.

Therefore, even though mere sexual contact could be a less serious offense compared to sexual assault, commonly known as rape, every set of facts will be different. Depending on the facts of the case and the applicable legislation, aggravated criminal sexual contact may be charged as a first-, second-, or third-degree offense.

Consent and Criminal Sexual Contact

It is significant to remember that a key element in establishing whether or not a sexual act is unlawful is consent. Sexual behavior is not seen as criminal if both individuals provide their consent. However, it is deemed non-consensual and, as a result, illegal if one person is coerced or forced into the sexual activity.

Federal Law on Criminal Sexual Contact

Under federal law, it is illegal to engage in certain types of criminal sexual contact with another person.

Specifically, 18 U.S. Code section 2244(a) makes it a crime to knowingly engage in sexual contact with someone else if it would violate other federal laws had the contact been a sexual act.

This type of criminal sexual contact is defined as the intentional touching of certain areas on another person, such as the genitals, breasts, inner thighs, or buttocks, either over or under the person’s clothes. This touching must be done with the intent to humiliate, harass, or abuse the person or to arouse or satisfy a desire of a sexual nature.

Criminal sexual contact is forbidden by federal law in the U.S. Examples include 18 U.S. Code Section 2241, which addresses aggravated sexual assault. Others are covered by Section 2242, which sanctions sexual abuse, and Section 2243, which forbids sexual abuse of a minor.

Under federal law, criminal sexual contact is not to be handled lightly. This is why you should contact a competent sex crimes lawyer right away if you are charged with any of these offenses.

A criminal sexual conduct attorney will advise you on your legal alternatives in addition to assisting you in understanding the accusations made against you and the possible repercussions. If necessary, your chosen sex crimes defense lawyer will represent you in court.

An effective attorney-client relationship will greatly benefit your case.

Michigan’s Law on Criminal Sexual Conduct (CSC)

In Michigan, any sexual contact or penetration of another individual without their consent is considered criminal sexual conduct. The first degree is the most severe, and the fourth degree is the least severe, illegal sexual activity.

First Degree Criminal Sexual Conduct

1st-degree criminal sexual conduct occurs when an actor sexually penetrates a victim who is a person under 13 years of age. This offense could also happen if the victim is below 16 years old and the actor is, for instance, a school teacher of the victim.

Second Degree Criminal Sexual Conduct

2nd-degree criminal sexual conduct is also a serious offense, but it involves sexual contact rather than sexual penetration. It occurs when the victim is under 13 years old and experiences sexual contact. Other scenarios could be cases where the victim is between 13 years and 16 years of age and is a blood relative of the actor. It is punishable by up to 15 years in prison.

Third Degree Criminal Sexual Conduct

A 3rd-degree criminal sexual conduct charge in Michigan involves the sexual penetration of a victim who is a person 13 through 15 years old. Another scenario that would amount to a third-degree CSC charge is if the penetration is accomplished by force or coercion, or the victim is mentally incapable, mentally incapacitated, or physically helpless and the perpetrator knows or has reason to know this. This charge is punishable by up to 15 years in prison.

Fourth Degree Criminal Sexual Conduct

This offense has the same factors as third-degree CSC, except that a CSC 4th-degree charge involves sexual contact rather than sexual penetration.

Criminal Sexual Conduct Penalties

Michigan’s penalties are a result of the severity of the offense and the victim’s age. A felony carrying a maximum sentence of life in prison is typically first-degree criminal sexual behavior. Sexual offenses of the second degree carry a maximum 15–year prison sentence. Sexual offenses of the third degree are felonies that carry a mandatory minimum sentencing of 15 years in prison. For 4th-degree sexual assault convictions, courts give out a maximum sentence of two years in prison.

Defenses for Criminal Sexual Conduct Cases in Michigan

The victim must be at least 16 years old for consent to be a valid defense in Michigan against sexual assault. In addition, it is unlawful to engage in sexual activity with a victim who is unable to consent due to mental incapacity or physical helplessness. Therefore, the use of force or compulsion is not necessary to establish criminal sexual behavior.

Hire Blank Law, PC

It is crucial to seek legal counsel from a qualified CSC defense attorney if you have been charged with criminal sexual contact. Most cases involving sex crimes are messy right from the beginning. A mere accusation can destroy a reputation you have built for decades. Always keep in mind that the attorney-client relationship is a crucial component of the legal process, so it is extremely important to choose a rape defense attorney you can trust and feel at ease dealing with.

Attorney Nicole Blank Becker and her team at Blank Law, PC are fully aware of how upsetting and stressful it is to be accused of a sex crime. Our group of knowledgeable lawyers is here to guide you through the criminal justice system and defend your legal rights. Do not hesitate to get in touch with us for a Michigan criminal defense attorney free consultation if you have been charged with criminal sexual contact or any other offense.

Sexual harassment is defined as a form of sexual discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII applies to any employer of at least 15 people, including agencies at the local, state, and federal levels, as well as labor organizations. This article distinguishes the term “sexual harassment” bandied about in pop culture from its legal definition under federal statutes and Michigan sexual harassment law.

Overused and abused by the media, “sexual harassment” has a much more limited legal definition that narrows what is “acceptable” in the workplace. Since sexual harassment accusations can RUIN REPUTATIONS and cost people jobs, it is important to know the difference. An experienced sexual harassment attorney can distinguish between a valid claim and BIASED BLAME.

Michigan Sexual Harassment Laws

The Michigan Penal Code, Act 328 prohibits sexual harassment. Section 750.411h defines “sexual harassment” as conduct shaped by continued, non-consensual contact of a victim that would cause a “reasonable individual” significant mental suffering or distress. Under this section, UNCONSENTED CONTACT may include:

• Contact through phone, text, or direct message
• Approaching a person in a public or private place
• Mailing letters or delivering objects to a residence
• Following or tracking an individual’s movements
• Appearing at another’s home or workplace

Sexual harassment could refer to physical conduct or verbal behavior, but need not be of a sexual nature. Rather, it may include prejudicial comments about, or discrimination based upon, a person’s sexual nature. In other words, the alleged victim must prove a pattern or practice of unwanted physical conduct, i.e. offensive touching, that would offend a “reasonable person,” creating a hostile work environment. Under Michigan law, all elements must be present to prove a sexual harassment claim.

Sexual Harassment Under Federal Law

Code of Federal Regulations (CFR) Title 29, Part 1604.11 prohibits sexual harassment as a violation of Title VII Section 703 of the Civil Rights Act. 29 CFR Part 1604 emphasizes:

• Unwelcome sexual advances and
• Requests for sexual favors in exchange for a work-related benefit
  • (“Quid pro quo” sexual harassment)
• Substantially interfering with an individual’s employment or work performance
• Creating a hostile work environment

A Michigan criminal defense lawyer focused on sex crimes can determine whether a claim meets all the legal elements.

Sexually Hostile Work Environment

Unwelcome sexual advances and requests for SEXUAL FAVORS create a hostile work environment when:

• Submission is an explicit or implied condition of an individual’s employment
• Submission or rejection of the conduct serves as the basis for employment decisions
• Purposeful conduct has the effect of unreasonably interfering with work performance

A sexual harassment case begins with the employee reporting a supervisor’s sexual demands, conduct, or communication up the chain of command to a managing supervisor or human resources.

Quid Pro Quo Sexual Harassment and Tangible Employment Action

Quid pro quo sexual harassment refers to a direct exchange of a sexual favor in return for a “tangible employment action” or significant change in an INDIVIDUAL‘S EMPLOYMENT status, including:

• Hiring and firing
• Promotion or demotion
• Constructive discharge
• Reassignment or transfer
• Increased benefits, salary
• Change in responsibilities

In other words, quid pro quo sexual harassment is the prohibited use of supervisory authority to coerce employees to agree to sexual demands or face material job-related consequences if they refuse, creating an offensive employment environment.

Prohibited Sexual Conduct or Communication

Michigan sexual harassment law does not prohibit any form of conduct or communication that someone could find offensive or interpret to be of sexual nature. For example, isolated incidents of teasing or off-color comments may not be quid pro quo or materially affect a person’s employment, much less create an offensive employment environment.

However, unwanted CONDUCT OR COMMUNICATION must not become so frequent and severe to result in a tangible adverse employment action or create a hostile work environment. However, habitually offensive conduct or communication by a supervisor, co-worker, or client need not be of a sexual nature or cause economic injury to be actionable.

Reporting Sexual Harassment

The U.S. Equal Employment Opportunity Commission (EEOC) is the agency responsible for investigating reports of WORKPLACE SEXUAL HARASSMENT. Under Michigan’s Elliot-Larsen Civil Rights Act (ELCRA) and relevant state and federal laws, a sexual harassment complaint requires:

• First reporting sexual conduct or communication to management
  • Also known as “exhausting administrative remedies”
• Filing a complaint with the EEOC within 180 days of the sexual harassment taking place
• Alleging illegal discrimination relating to employment, education, or accommodation
• Showing conduct or communication substantially interfering with an individual’s employment

Certain federal laws extend the 180–DAY DEADLINE for filing a quid pro quo sexual harassment complaint to one year. Michigan law gives individuals up to three years. The EEOC must then look at the “record as a whole” using a “totality of circumstances” approach to determine whether the unwelcome sexual advances — taken in context — constitute sexual harassment. Not all conduct or communication perceived as sexual will pass muster.

Retaliation for Reporting Sexual Harassment

Title VII §10.13 prohibits employers from retaliating against workers who report sexual harassment through constructive discharge. U.S. Supreme Court and Ninth Circuit case law defines “constructive discharge” as making work conditions so intolerable as to overcome the normal motivation of a REASONABLE PERSON to remain on the job and thus feel compelled to resign.

However, an “unfulfilled” threat of discharge for reporting sexual harassment is insufficient. Instead, the retaliating supervisor must have taken tangible adverse employment action by either:

• Coercing the reporting employee to engage in sexual acts or
• Upon failing (i), discharge the employee for refusal to submit to sexual demands

Vicarious Liability and Affirmative Defenses

Employers may be held “vicariously” responsible for the sexual harassment of employees, supervisors, or agents if they knew or should have known of the criminal sexual conduct. Employers must take “immediate CORRECTIVE ACTION” by:

• Adopting measures to prevent sexual harassment
• Affirmatively addressing conduct and expressing strong disapproval
• Levying appropriate sanctions for sexual harassment
• Informing employees of their right to raise Title VII claims
• Developing methods to train and sensitize parties to the issue

An affirmative defense is not available to employers who EMPOWER EMPLOYEES to constructively discharge the victim reporting sexual harassment. Supervisory abuse of “official authority” must have been part of the conduct leading to the constructive discharge.

If the supervisor indeed grants employment benefits or opportunities in exchange for sexual favors or submitting to sexual advances, employers are vicariously liable for the supervisor’s unlawful sexual discrimination against others who qualified for, but were denied those benefits.

Contact a Michigan Sexual Harassment Lawyer

All communications are confidential under the attorney-client relationship. Do not bear blame in silence. If you were accused of sexual harassment in the workplace or elsewhere, contact Attorney Nicole Blank Becker, a skilled sexual harassment defense attorney in Michigan, and her team at Blank Law, PC for a free confidential case evaluation.

Sexual harassment is a severe charge that can adversely affect your life for a long time. Since the #MeToo Movement was launched in 2018, there has been an increase in sexual harassment and sexual assault allegations in the United States. The influx of these accusations has also increased the possibility of false reports. Although such false accusations are rare, they are not non-existent.

Generally, there are two primary reasons for false sexual assault accusations. You may be falsely accused of sexual assault due to the alleged victim’s false memories. These false accusations are common with young children who an adult has manipulated into believing they were sexually abused. It works because children’s minds are not fully developed and are prone to false memory implantations.

False sexual harassment could also be an intentional act by the complainant against the accused person. Such a false report could arise out of revenge, spite, mental instability, or a need for attention. Other reasons a person could falsely accuse you include gaining leverage in divorce or custody proceedings, monetary gain, or denying a consensual sexual activity.

You must act quickly if you have been falsely accused of sexual assault regardless of the alleged victim’s motives. Once a false report has been filed against you, it could result in criminal charges. The criminal justice system is complex; sometimes, an innocent person may be punished for offenses they did not commit.

Our law firm can help you take the necessary steps to defend yourself against a false allegation. We offer a Michigan criminal defense attorney free consultation online or at our law office to discuss your case and the next available steps. We also offer extensive legal services if you face accusations or criminal charges of other severe offenses, including domestic violence, child abuse, and sexual assault.

Falsely Accused of Sexual Harassment

The penalty for sexual harassment is severe. Even if criminal charges are not brought against you, you may face social stigma, a suspension at work, or lose your job. If you are charged and convicted of sexual assault, you could face a jail term, pay a $1,000 fine, or both. If the sex offense is a felony, you could face a maximum $10,000 fine, a prison sentence of five years, or both.

You should not ignore the false allegation because it is false or you think it would go away on its own. You must take active steps to defend yourself and prove your innocence if you want to beat the false accusations.

Here are our top five practical steps to help you fight false allegations:

Keep Your Emotions Under Control and Avoid Retaliation or Any Vengeful Act

Defending yourself is crucial to beating false sexual assault allegations. However, you should resist the urge to put up defensive behavior. Emotional outbursts could be detrimental to your case, especially if an investigation is ongoing. It would help if you stayed calm and carefully devised an action plan. Retaliating or committing a vengeful act could backfire and you could further incriminate yourself.

Contrary to popular belief, silence is an effective defense strategy in false accusation cases. Avoid protesting about the false accusations in public or on social media since they could be used against you as proof. It would also be ideal to avoid discussing it with your friends, family, or coworkers. Additionally, it would help your case if you refused to speak with law enforcement officials because anything you say could be used against you in court.

Review Carefully the Harassment Policy at Your Place of Employment and the Michigan Sex Crime Laws

You can commit a crime without knowing you have violated the law. Therefore, you must ensure you are being wrongfully accused of sexual harassment. You might need to review your employer’s harassment policy if the false allegation was made at your workplace. Alternatively, you could consult an experienced criminal defense lawyer to ensure that you have not violated any criminal law provision.

Generally, two classifications of behaviors qualify as workplace sexual harassment under Michigan law. Quid pro quo harassment is the first. It means “this for that.” Quid pro quo harassment is when someone in a position of power asks for sexual favors in exchange for a raise, additional perks, or better compensation. It also happens when a person’s ability to get a job or grow professionally is hampered by their refusal to engage in or yield to unwelcome sexual activity or approaches.

Fostering a sexually hostile work environment is the second form of sexual assault in the workplace. It constitutes a form of sexual discrimination. A sexually hostile work environment is created when it is so hostile that any individual in the employee’s position would reasonably assume that the behavior substantially hampered their ability to perform their duties or fostered a hostile, offensive, or intimidating atmosphere.

Although sexual harassment is not a distinct offense under Michigan sex crime laws, you could be prosecuted for stalking. Examples of actions that could be considered stalking include:

● Prying into another person’s personal or sexual life

● Unwanted physical contact or standing too close to someone

● Spreading sexually explicit rumors about someone else

● Sending inappropriately suggestive emails, texts, images, or videos, i.e. sexting

● Capturing an image or video while wearing another person’s clothing (also called upskirting)

Cooperate with the Sexual Harassment Investigators and Stay Away from Your Accuser

Although you have a legal right to remain silent during a criminal investigation, you must cooperate with law enforcement officers. Obstructing an investigation could make you come off as guilty. It would help if you did not lie or try to hide facts from the investigators. However, you must ensure that your interactions with them occur when your sex crimes lawyer is present.

The police and prosecutors often employ deceptive schemes when interrogating an accused person. In some cases, they also nurture a guilty bias against an innocent person. In addition, they could manipulate you to plead guilty even though you are innocent, so you must ensure that you have a lawyer present. An excellent criminal defense attorney can guide you in responding to interrogatory questions. Your lawyer will also ensure your legal rights are not violated during the investigation.

Gather Sufficient Proof that will Show You are Innocent, Including a Solid Alibi, Character Evidence, and Compelling Witness Accounts

If you are wrongfully accused of sexual assault, you must prepare solid sexual assault defense strategies immediately. You should gather all the evidence supporting your innocence. Write everything you remember about the incident in as much detail as possible. You must also collect physical evidence from the alleged crime scene, video and audio recordings, text messages, emails, and pictures where available.

Compelling eyewitness testimony could also help prove your innocence in a sex crime case. A solid alibi you can defend can also help refute the false accusations brought against you. In addition, you should consider using character evidence in building a solid defense strategy. Suppose you have a new work history and have not been convicted of any heinous crime, such as domestic violence, rape, child abuse, or stalking. In that case, it could help to convince the investigators or court of your innocence.

Hire a Michigan Sex Crimes Defense Attorney to Protect Your Legal Rights and Prove Your Innocence

Hiring a criminal defense lawyer is another vital step to proving your innocence in a sex crime case. You need a lawyer even if legal action has not been brought against you. It is more beneficial to consult an attorney before you are charged to court, as a skilled lawyer could get the false allegations dropped.

Finding a suitable attorney can be daunting, but some lawyers offer a free initial consultation which you can use to consider whether they are the right attorney for you. It would help if you considered hiring an experienced attorney who has successfully handled multiple false accusation cases. It would increase your chances of beating the allegations made against you. Learn more on what to look for in a criminal defense lawyer here. Contact us or visit our law office to schedule a free consultation today.

Contact Attorney Nicole Blank Becker for an Aggressive Criminal Defense Against False Sexual Harassment Charges

Female criminal defense attorney Nicole Blank Becker of Blank Law, PC is an experienced criminal defense lawyer. She has defended several clients across Michigan against false allegations and sex crime charges. Attorney Nicole Blank Becker can fight for you and help decide the best course of action in your criminal case.

Once you create an attorney-client relationship with our law firm, we will work endlessly to support you in proving your innocence. We will also protect your rights during the investigation process and work with you to develop an aggressive sexual assault defense strategy. Contact our law firm for a free consultation today.

Being arrested is scary and confusing. If you believe or know you are innocent of the crime, you may want to explain your side of things. Unfortunately, this can backfire and do more harm than good.

When police officers arrest you, you may want to “fight back” and be uncooperative. However, this is not a smart move. In fact, it is best to limit any conversation with law enforcement officers unless you have an attorney present. If you answer all the questions a police officer asks you; you may wind up with even more criminal charges against you.

Should You Cooperate with Police?

You know if you do something wrong; however, what if you haven’t, and the police still suspect you? In this situation, you may think explaining why you are innocent is smart.

Unfortunately, this will give the police more potential ammunition to use against you and may even result in more charges.

If the police come to you and question you about a crime, even if you are innocent, you should remain silent. If they insist you talk, you should ask for an attorney. You have the right to say nothing, and while the police may try to trick or bully you into talking, you don’t have to (see: Should I talk to a detective without a lawyer?).

Steps to take if you are being arrested for a crime you know you are innocent of include the following:

● Remain Calm

Do not try to argue with the police or resist arrest. This will only make things worse for you in the long run.

● Remain Silent

As mentioned above, it is best for you to say nothing. You do not have to answer the police’s questions about a crime they suspect you of committing. You do have the right to request an attorney’s presence.

● Contact a Lawyer

You need to call an attorney as early in the process as possible. Call a lawyer if you know you are under investigation, but not charged or arrested with a crime yet. Establishing the attorney-client relationship as early as possible will benefit you and your case.

Be sure to keep these steps in mind if you are arrested or if you are suspected of a crime. At Blank Law, PC, we can help you build a strong defense against the charges you are facing. We have years of experience helping individuals like you in similar situations. Call us as soon as possible so we can begin working on your case.

If You are Close to the Victim, You are an Automatic Suspect

When someone reports a crime, such as sex crimes, assault, murder, and other violent incidents, law enforcement officers know the attacker was likely someone the victim knew. Due to this, most police will look to those who are closest to the victim before even considering that a third party may have been involved.

It is smart and recommended that you hire a criminal defense lawyer while the police investigation continues. In fact, this can help reduce the possibility that you are even charged with a crime.

Hiring a Michigan criminal defense lawyer ensures you have someone on your side, ready to help with your case. Establishing an attorney-client relationship early in the criminal investigation process is advantageous in many ways. For example, your criminal defense lawyer can ensure that the police do not bully you into a false confession or trick you into this. They will also provide substantial assistance with all parts of the criminal case.

You May Be a Suspect in a Crime and Not Realize It

When federal agents or law enforcement officers start investigating criminal activity, they may have a suspect in mind or search for someone to blame. In many situations, the police presume a suspect is guilty and, as a result, all the evidence they look for will be to prove that their suspicions are correct. A law enforcement officer who is investigating a crime will not work to try to prove your innocence.

Some of the ways that police investigate a potential crime is by interviewing a suspect’s family, friends, and neighbors. They will also speak to any witnesses to try to support what they suspect. It is worth mentioning that the police have the legal right to investigate someone without even letting them know they may be charged with a crime.

Routine Questions May Not Actually Be Routine

When a law enforcement officer speaks to you, they may state that the questions are “routine.” They may also claim that you can clear your name by answering questions they ask. However, when you are questioned by law enforcement officers – even before you are read your rights or charged with a crime – your answers may be used against you down the road.

In this situation, it is important to note that the police are already suspicious of you. This is why you should not cooperate with police by answering questions without having a criminal defense attorney present.

During an investigation, the officer’s questions will be specific and targeted. They aim to get you to say something they can use to prove you committed the crime you are suspected of.

Common Tactics Used By Police when Questioning You for a Crime

It is not unlikely for law enforcement officers and federal prosecutors to build a criminal case against an innocent person because they did not look at all the evidence or take a good look at the situation. In some cases, police even collect evidence of a crime illegally, while some will suppress or hide evidence to show probable cause to arrest you.

If you freely answer questions the police or prosecutors ask you; you may incriminate yourself. You may want to cooperate with the police because you believe you are innocent and that it will help them see that; however, this is not the case. If you talk to the police and answer questions, they may use your answers against you and move forward with the arrest and criminal charges. The best strategy in these situations is to remain calm and remain silent until your criminal defense lawyer is present.

Do Not Become Another Innocent Person Spending Time in Prison

It is estimated that there are over 20,000 innocent people who are currently serving time in prison. Due to how serious this issue is, you need a criminal defense lawyer to help with your case. Along with helping to prove your innocence, your lawyer can work out a plea deal in some cases, which may be in your best interest, depending on the situation.

Just remember, while you may know you are accused of a crime you didn’t commit, if the police are questioning you, then they suspect you of it. It is in your best interest to remain silent, as this will benefit your criminal defense strategy.

Contact Our Law Office for Help with any Michigan Criminal Matter

If you are under investigation in Michigan for a crime, you have a reason to be concerned. Now is the time to call an experienced criminal defense attorney. At our law office, we offer aggressive representation for clients and help build a strong defense strategy on their behalf. We offer a Michigan criminal defense attorney free consultation and can even work to arrange a plea bargain, if that is the best option.

You need to remain aware of what is happening and understand that the investigators working on the case are trained professionals. They know what to do to trick you into providing information they can use against you to prove you are guilty of a crime – even if you are not.

Some officers will even play games of “good cop, bad cop” or tell you that you will be arrested if you fail to cooperate with their questioning. Another tactic that is used is pretending they are concerned about you and working to win your confidence. Once they have it, they talk to you like you are a friend. At this point, your guard will be down and you will likely be more likely to say something incriminating.

If the police are investigating you, you can only trust your attorney.

Attorney Nicole Blank Becker and Her Law Office are Here to Help

Being arrested is something most people want to avoid. Unfortunately, even innocent people are falsely arrested from time to time. If you are in this situation, you should remain silent and contact the criminal defense law office of Attorney Nicole Blank Becker, Blank Law, PC. We offer all clients a free consultation to discuss their cases and needs.

If you have questions about your situation or need help with your case, contact us by calling 248-515-6583 any time, day or night. You can also contact us by clicking the form on the website.

We encourage you to get in touch right away. Our legal team will help you with your case and build a strong defense against the criminal charges you face. We are here to help, and it all starts with a phone call to our office to schedule a free consultation.

There is no question that being charged and convicted of a crime is a scary and overwhelming situation. However, once the smoke has cleared and you have served your time, you may wonder what happens next. In fact, many people wonder if having a criminal record will impact their life, how it will impact their life, and if it is possible to reduce the impact criminal records have.

Here you can find the answers to these questions and know your options moving forward.

Michigan Criminal Records

What are Criminal Records?

Before diving into the impact of criminal records, it is important to know what these are. The term “criminal record” refers to a document of a person‘s past legal offenses. Your criminal history record can include criminal convictions and traffic violations.

How these records impact your life varies, and some options set by Michigan law allow those with a criminal record to have its impact reduced or eliminated.

Who Will Look at Your Criminal Record?

Criminal records are also public records. However, there are certain situations where someone asks for or checks your Michigan criminal records. Usually, background checks are used to verify someone’s character, which is when they can see your police record.

Typically, a possible employer will conduct criminal background checks on job applicants and look at their criminal history records before deciding to hire them.

Landlords may also request a criminal background check before deciding to rent their property to an applicant. Like an employer, landlords can refuse to rent to someone if they have a criminal record.

Another situation where your Michigan criminal records may be accessed is during a child custody case. Judges often use the information available in Michigan public records (including your criminal record) to decide what is in a child’s best interest. If the crime you were convicted of impacted your family negatively, your ability to get custody may be impacted. If this happens, then your police records may negatively impact your life.

What Does a Michigan Arrest Record Effect?

As mentioned above, your criminal record is public, and anyone can access public records. Due to this, having a police record may impact your life in several ways.

For example, if you are arrested for another crime, law enforcement officers will know this, and, as a result, the charges you face may be more severe, along with the penalties if you are convicted. This includes an increased sentence in prison, increased fines, and being ineligible for parole.

You may be denied a passport based on the type of crime you committed. As a result, you cannot travel outside of the country. Usually, the government denies passports to anyone who has a history of violent or sexual crimes. Even if you have a passport, a criminal record may result in a country denying you entry.

Your criminal record may impact your ability to return to school, too. When you apply to college, many applications ask if you have a criminal record. Even if the school accepts you, getting financial aid may be impossible. If you are convicted of a sexual offense, you will not be eligible to receive a Federal Pell Grant. You may also be required to be listed on the sex offender registry, which is part of the public government records that the public can access.

If you are an immigrant and the Michigan state police or another law enforcement agency arrests you, and this arrest results in a conviction, it can have life-changing repercussions. As an immigrant, if you are convicted of a crime, it can impact your citizenship and green card eligibility, along with resulting in deportation. Sometimes, even misdemeanors can result in you being deported.

The Possibility of Expungement in Michigan

This information becomes part of your vital records if you are arrested and convicted of a crime. This means law enforcement agencies can easily access this information and see what your court records show and what crimes you have been convicted of.

While this is true, Michigan-compiled laws allow for some convictions to be removed from your record through expungement.

Expungement means that a criminal conviction is removed or sealed from your criminal record.

You can usually have arrests and misdemeanor convictions expunged (depending on the crime). However, felony convictions may not meet the requirements for this. Usually, an expungement can be done once you have paid all the applicable fines or served your full sentence.

It is easier to have juvenile offenses expunged. This is the case if the individual does not continue to be arrested or get in trouble with the law. When they turn 18, it is possible to have their Michigan court records and criminal records expunged.

It is important to note that your criminal record is cleared with an expungement. However, it does not erase your public records. As a result, all documentation of the situation beyond district court documents and records will remain available and accessible. It is best to contact an attorney in Michigan to learn more about expungements (see: Michigan expungement laws).

Expungement vs. Setting Aside a Conviction

Each state uses unique terms to describe the concealment of or sealing of someone’s criminal records. The terms setting aside a conviction, record expungement, and record sealing all mean the same thing.

The Michigan courts use the phrase “set aside a conviction.” Contacting a criminal defense attorney is the best way to find out if your criminal or court records may be eligible for expungement. In some situations, your records in Michigan can be expunged, and you may not even know it. You may also be able to find this information by speaking to someone from the Michigan Department of Corrections.

Common Questions About Having Your Criminal Record Set Aside in Michigan

While many questions you may have about having your criminal charges and convictions set aside are answered above, there are some other questions that, with their answers, may help you better understand your options and legal rights.

Do You No Longer Have a Criminal Record After Your Conviction is Set Aside?

The answer to this question is no. There will still be court records and vital records that can be accessed by police officers, the Michigan state police, the Michigan Department of Corrections, the Michigan court system, county sheriff, and other law enforcement agencies.

Information related to your arrest record, your Michigan inmate records, and if you were on the sex offender registry will be used to make decisions by the parole board and for future sentencing decisions if you are ever convicted of a crime in the future (see: Michigan Sentencing Guidelines).

How Do You Answer Questions on a Job Application About Your Criminal Record?

Certain institutions are still allowed to ask if you have a criminal record, and they may even be able to access court records set aside. These include businesses, grantmakers (scholarship programs, banks, etc.), property owners, lenders, and schools. If you have a public criminal record, it is required that you are truthful when answering questions about your past. However, you only must ask the questions you are specifically asked. If you were convicted of a misdemeanor, for example, and the application asks if you have been convicted of a felony, you can answer “no.”

Will Having a Criminal Record in Michigan Ruin My Life?

If your conviction is set aside, your criminal and arrest record is sealed from public access, and you do not have to provide information about your past on most job applications, then the answer is that – it does not have to. If your conviction is set aside and someone asks if you were ever arrested or convicted of a crime your record was expunged for; you can legally answer “no.”

How are Criminal Records in Michigan Created?

Criminal records in Michigan are created and stored by the CJIC – Criminal Justice Information Center, which is an agency that serves as a state repository for all police records, arrest records, inmate records, and more. Records are created when a law enforcement agency, the Michigan court system, prisons, or jails send information to the CJIC. Once it is received, criminal records in Michigan are created.

All law enforcement agencies in Michigan, including the Michigan state police, must provide arrest records and fingerprint information in the following situations:

• If someone is charged with a crime that can be punished with more than 92 days in jail or prison, including serious misdemeanors and felonies
• If someone is charged with other misdemeanor offenses reported with fingerprints once the person has been convicted and if their sentence includes prison time and fines of $100 or more

What Information is Included in a Criminal Record?

When it comes to criminal records in Michigan, the information included depends on your situation. Michigan courts send information about the person’s criminal actions, including their arrest records. Also, information is provided by the Michigan Department of Corrections, which is included in the records.

The criminal history record includes your personal information, including name, physical description, residence, age, etc., and information about all arrests and convictions. Your fingerprints and photos are included in the record.

Are Criminal Records and Michigan Vital Records the Same Thing?

The answer to this is no. Criminal records are created by law enforcement agencies like the Michigan state police and are based on police records and Michigan Department of Corrections records, which includes everyone listed on the sex offender registry.

On the other hand, Michigan vital records, which are found in the vital records office, include things like property records, death records, and other information from the Michigan Department of Health and Human Services. These are public records and not the same as criminal records.

Getting Help with Having Your Criminal Record Set Aside in Michigan

Michigan public records are created to help the public know about risks when hiring someone, renting property, lending money, and more. However, for those with a criminal record after an arrest by the Michigan state police or another law enforcement agency, it can be life-changing.

You have legal options! Contact Blank Law, PC to learn about your rights and options in these situations.

You can call any time, day or night, at (248) 515-6583.

Attorney Nicole Blank Becker and her legal team can review your situation and help you with having your criminal record set aside.

Law enforcement agencies conduct criminal investigations when a crime has been committed to determine the perpetrator. It is often the first step in the criminal justice system. They investigate the crime scene, interview witnesses, examine forensic evidence, and interrogate suspects.

A detective may call you or visit your house or office if they have probable cause to suspect you of criminal activities. A police investigation is not an arrest; in many cases, the detectives claim they “just want to talk” to you. Being under investigation does not mean that you face criminal charges. At this critical point, the police gather information and evidence to identify the alleged crime and the criminal offender.

It is possible to prevent an investigation from proceeding to a court trial, however, with the help of an aggressive criminal defense attorney. Attorney Nicole Blank Becker is a top Michigan criminal lawyer with years of experience as a former prosecutor. She can guide you through the criminal justice system and secure your freedom once you initiate an attorney-client relationship with our law firm, Blank Law, PC.

Nicole can also protect the confidential or sensitive information shared with her and guide you in answering the police’s questions. You can schedule a Michigan criminal defense attorney free consultation by submitting a contact form or visiting our MI office.

I Am Under Investigation, But Not Charged

Getting a call from a law enforcement officer can be frightening, especially if you were not expecting it. During criminal investigations, detectives can be harsh and aggressive, and it is easy to become intimidated. Being under investigation for a crime does not imply that you are guilty in the eyes of the law. In criminal proceedings, remember that the court determines guilt, not the police.

Alternatively, some detectives may approach you nicely as though they are on your side; but remember that the police’s only objective is to find the culprit and press charges against them. As a result, you must be careful about what you say and how you act during a police investigation. It would help if you had a criminal defense lawyer with you when the police are investigating you.

What to Expect During a Police Investigation

Criminal investigations are conducted by local law enforcement agencies or federal agencies, depending on the violated law, the victim involved, and the details of the alleged crime. The state police often investigate crimes like theft, murder, domestic violence, rape, or other sexual assault offenses. Human trafficking, terrorism, drug trafficking, and cybercrime are federal offenses.

During a police investigation, detectives typically question you to determine what you know about the alleged crime. They aim to find a perpetrator, so they may employ trickery and deception to extract incriminating information. They may lie to you about what they have or what people have told them.

They may also threaten to press criminal charges against you if you refuse to cooperate with them. Detectives are skilled in advanced interrogation techniques and can coerce suspects into confessing to a crime, even if they did not commit it. In some cases, the authorities may make an audio or video recording of the interrogation. They may present it as part of the evidence gathered against you.

You should also know that the police may investigate you without your knowledge. Therefore, it is possible to be under police investigation without knowing. When operating a covert investigation, the authorities often utilize tactics like wiretapping, surveillance, and accessing a non-encrypted email to gather information against you.

During a police investigation, you may be invited to the police station for a chat. However, you are not under arrest, nor have you been taken into custody. So, your legal rights will not be read to you, but whatever you say or do may be used as incriminating evidence against you.

How Long Can I Be Under Investigation?

Predicting the duration of a police investigation is challenging because the investigation goes on for as long as the authorities need to gather evidence. The investigation process is complex, and the police must carefully examine the evidence at their disposal before reaching a conclusion. Also, the length of the investigation may be affected by the available resources and the agency’s workload.

Detectives rarely let suspects know how long the investigation will last because they often cannot determine the duration. Then, when it is over, they may not notify them either. So, investigations often feel like an endless wait. However, with the aid of a seasoned criminal defense attorney, you can prove your innocence and bring the investigation to an end.

Can I Refuse Not to Talk to the Police During an Investigation?

No law requires you to speak with police detectives during an investigation. However, it would help if you were cooperative because police officers are authorized to question suspects. In some cases, they may obtain a search warrant to search your house and office for incriminating evidence, and you are not allowed to obstruct them.

However, you can refuse to speak with police officers during an investigation. The law permits those interrogated by the police to exercise their right to silence. Therefore, you can remain silent until a criminal defense attorney is present. It is helpful to invoke this right because you unknowingly incriminate yourself during an investigation without proper legal guidance.

Many people assume that the police will find them guilty if they remain silent. Others believe talking freely with the police will help convince the authorities of their innocence. However, you should know that the police are not on your side. Their target is to pin the offense on a suspect. It would help to have an attorney guide you on the best way to interact with the authorities during an investigation.

Do I Need a Lawyer During a Criminal Investigation?

A police investigation is rarely a neutral process. Most times, the police already have a preconceived idea of how the crime was committed and who committed it. Thus, the investigative process is to help them discover evidence supporting that idea.

Consequently, the odds are not stacked in your favor during an investigation. You must do all you can to defend yourself and avoid being charged. The best way to navigate police investigations successfully is by hiring a criminal defense lawyer.

An experienced defense lawyer serves as a middleman between you and the police and advises you on the best ways of interacting with them without your legal rights being violated. When you have a lawyer, the cops will have to go through your attorney to reach you.

Hiring a defense lawyer is essential because police take advantage of suspects when they are most vulnerable, coercing them into making comments that can incriminate them. The choice of information to offer the police or withhold, and whether to speak to the police, is yours when you have a lawyer.

You need a defense attorney even if you are innocent of the offense. Your lawyer will help you respond appropriately and advise you on taking a polygraph test, which may be to your benefit in some cases.

Another reason to hire a criminal defense attorney is that they can go behind the scenes and communicate with the prosecutors on your behalf. This is vital because the prosecutor makes the final decision about whether you will be charged. Typically, the prosecutor bases this choice on the police report, which summarizes the biased “investigation.”

With that said, when a prosecutor is aware that a defendant has proper legal representation, they may demand that the police conduct their investigation more thoroughly. Additionally, a lawyer may be able to present the prosecutor with evidence that the police missed or disregarded, which can impact the prosecutor’s decision to file charges. Criminal defense lawyers often hire private investigators to uncover evidence that may be useful in proving their client’s innocence.

At Blank Law, PC, we provide pre-file representation to those facing police investigations. We help our clients increase their chances of avoiding being charged by guiding them through an investigation. We are also ready to fight for you. This contact form sends information about your case straight to us.

Hire Michigan Defense Lawyer Nicole Blank Becker

If you or a loved one is being investigated in Michigan, they may be prosecuted. Additionally, the consequences might be disastrous if no precautionary actions are taken. You should contact a Michigan lawyer, like Attorney Nicole Blank Becker, as soon as possible to avoid facing jail time. You must start aggressively fighting for your freedom before charges are brought against you.

Once you create an attorney-client relationship with us at Blank Law, PC, we will tirelessly defend you. We have decades of experience navigating the criminal justice system and can guide you through the process. We also handle crimes like domestic violence, retail fraud, criminal sexual conduct, and child abuse.

At Blank Law, PC, our sole objective is to prevent charges from ever being brought against you. We have years of expertise handling pre-file investigations and have helped several clients avoid being charged with a crime. You can message contact us or visit our law firm at our MI Office to arrange a free consultation.

It can be scary and overwhelming if you are charged with a crime. This is especially true if you know you are innocent.

Criminal charges can occur for many reasons, which include being falsely accused, being set up, and more. However, just because you know you are innocent does not mean it will be easy to convince the criminal justice system of this.

Keep in mind that in the United States, it is up to the prosecution to prove you are guilty, “beyond a reasonable doubt,” not for you to prove your innocence.

Even though this is the case, you still have work to do. While you may be innocent, being able to avoid a conviction is challenging and you should be prepared to fight. One of the first steps you should take in this situation is to hire a reputable criminal defense lawyer. With the help of an attorney, you will have a better chance of showing that you are innocent of the alleged crime you were charged with.

What to Do When You are Arrested for a Crime

Being arrested can be a scary and overwhelming situation. This is especially true if you know you are innocent of the crime you are accused of.

You do not need proof that you are innocent; however, you may have to go to court to fight the charges against you. If you have been falsely accused of any crime, there are a few things you should remember, which include the following:

Never Resist Arrest

When the police arrest you, you should not resist. You will get your day in court since this is your Constitutional right. However, if you try to argue about being arrested or explain yourself out of the situation, it can lead to additional criminal charges.

While you may feel frightened, you should try to stay calm. Listen to what the authorities are telling you and cooperate with their requests. Remain respectful and polite. It is also best to remain silent and don’t talk to the police in this situation. Anything you say can be used against you; but if you remain silent, the police will not get additional evidence to use against you.

Request to Talk to an Attorney

You should not ask the officer if they think you need an attorney. This is not the same thing as exercising your right to legal counsel. Instead, you need to make sure that you clearly state that you want the services of an attorney. You should also clarify that you do not plan to answer any questions until your attorney is present.

Never Attempt to Tell Your Side of the Story

If you have been falsely accused of a crime and know you are innocent, you may want to tell the police. However, this is not a good idea. If the police are under the impression that they have the right person, nothing you say to them will help. In fact, it may harm your case down the road.

As mentioned above, it is best to remain silent. This will ensure that you don’t say anything that may be used against you.

Your Rights when Charged with a Crime

After an allegation of a crime is made, according to the law, you will be presumed innocent. As the first stages of an investigation move forward, it is important to ensure that this is something the prosecuting attorney keeps in mind. This can prove challenging, so it is recommended that you hire a criminal defense attorney as soon as possible after being arrested.

You have other legal rights at this point, too, which include the following:

The Right to a Fair Trial

The sixth amendment of the U.S. Constitution confirms your security and safety and how the steps will be taken by the government, attorney, witnesses, and others involved. You will be able to go to trial and can present your side of the story. This is a right that is guaranteed by the U.S. legal system.

Release on Bail

If you are released on bail (which is not guaranteed), your privacy nor daily routine is affected. You can go to meetings and communicate with your attorney as needed. This is recommended as you need to begin establishing the attorney-client relationship (see: do I need a bail bondsman?).

Attorney Communication

You need to communicate with your attorney right away. The information they provide and that you provide them is invaluable to building a defense for the charges you face.

Make Sure You are Truly Innocent

Before you build a criminal defense based on your innocence, you must ensure you are truly innocent. In Michigan, there are all types of laws in place. There is a good chance you don’t know them all. Since this can be confusing, working with a criminal defense attorney is recommended.

It is Not Always Necessary for You to Prove Your Innocence

You do not always have to prove your innocence to avoid being convicted of a crime. While this is an option, the goal is to keep the prosecuting attorney from proving you are guilty of the criminal charges you are facing.

Sometimes, your criminal defense lawyer will be able to “poke holes” or expose flaws in the prosecution’s case rather than building a defense around your innocence. This is the best option in many situations, especially if your case will go to jury trials.

How to Prove Your Innocence

It is important to note that innocent people can be convicted of a crime. With the help of your criminal defense attorney, it is up to you to prove your innocence or at least show why the prosecution’s evidence does not prove your guilt. Read: 5 Stories of People Falsely Accused of Sex Crimes.

The U.S. criminal justice system states that everyone is presumed innocent until proven guilty. While this is true, it is still challenging to show that the crime you are accused of did not happen.

Some of the types of evidence that can be used in your case include the following:

Witness Testimony

There are two ways that witness testimony can be used to prove innocence. First, if another person committed the crime you were accused of, a witness can testify on your behalf to state that someone else is to blame.

Additionally, it is possible to have alibi witnesses who can testify that you were somewhere else when the crime occurred. In this case, anyone you were with, including a family member, can help prove your innocence.

Phone Records

Your phone records may also be used to help prove your innocence. For example, if GPS data is available from your phone, it can show you were not at the scene when a crime occurred. Also, call and text records can be used to establish your alibi. Learn if it is legal to record phone calls here.

If you are charged with a crime involving your phone, your phone records can show you were not using the device when the alleged crime occurred.

Bank Accounts, Employment, and Other Evidence

Your bank account, employment, and other records may serve as evidence that helps prove innocence in your case, too. It can help establish an alibi (i.e., you were working) or show that you did not engage in some type of illegal activity. There are several types of records that you can use to show your innocence. Your defense attorney will know what records can be valuable in your case, and that will show that the crime that occurred was not because of you.

Footage from Surveillance Cameras

Footage from surveillance cameras can be just as beneficial as testimony from witnesses. If the footage shows that someone else committed the crime, you may be acquitted. Also, if footage from a camera shows you were somewhere else when the crime you are charged with occurred, you can request that your attorney use it to provide you with an alibi.

Phone Videos or Photos

Today, most people always have their phones with them. Due to this, there may be videos or photos of you doing something besides committing the crime you were charged with. Your attorney may be able to have these photos or videos admitted as evidence to help create reasonable doubt that you are guilty.

Other Evidence

Your attorney will help when it is time to gather evidence. There is a good chance they will know of evidence you never even thought of. Remember, the goal of your evidence is to create reasonable doubt in the minds of the judge or jury. As a criminal defendant, you need enough evidence to show that if a crime occurred, you did not commit it.

DNA evidence is one type of evidence that may be beneficial in your case. For example, if you are accused of sexual assault, then DNA evidence from the scene may be enough to help you avoid being proven guilty.

Dealing with False Accusations

Sometimes, false accusations can result in you being charged with a crime. Unfortunately, innocent people face the harsh reality of this each day. If you don’t work to build a strong legal defense for your case, you may be wrongfully convicted of a crime you did not commit.

If you are wrongly convicted of a crime, and your attorney can appeal the decision by providing enough evidence to show your innocence, you may be entitled to financial compensation. However, just having the conviction expunged from your criminal record will likely be something you appreciate.

Do Not Wait to Contact a Criminal Defense Attorney

If you are arrested for a crime, and you were falsely accused or know you are innocent, you can’t afford to wait to hire a criminal defense attorney. Learn what to look for in a criminal defense lawyer here.

At Blank Law, PC, you can get the representation you need from a skilled and experienced attorney who will fight aggressively for your rights and your freedom.

The first step is to call and schedule a Michigan criminal defense attorney free consultation. You can reach the office 24 hours a day, seven days a week, by calling or using our online form.

When it comes to criminal charges, the potential penalties are severe. You may face significant fines, jail time, and probation, and the charge can impact your reputation in the community. This type of situation can also impact the relationships you have with your spouse and family. Attorney Nicole Blank Becker and her team at Blank Law, PC can provide you with a solid defense to help you get the best possible outcome for your situation.

If you face charges of soliciting prostitution in Michigan, it can harm your future and life. The confusion and fear you may feel when facing these charges can be overwhelming. Due to how serious this crime is, whether you are accused, charged, or under investigation, it is recommended that you contact a criminal defense lawyer immediately.

An experienced criminal defense attorney can help you understand the soliciting prostitution charges against you and help protect you from the long-term ramifications a conviction may have. If you don’t have the services of a sex crimes lawyer, you may find that the consequences of this situation are severe.

Due to the seriousness of this crime and the potential penalties you face, you can not afford to go in “blind.” You sex crime lawyers to help you understand the charges against you and the potential consequences you face.

Along with hiring a criminal defense lawyer, learning more about these charges and how they can impact your life is beneficial. Keep reading to learn about solicitation charges in Michigan and the impact they can have.

Solicitation vs. Prostitution

It is important to note that according to the Michigan penal code, the act of prostitution and the solicitation of prostitution is not the same thing.

The act of prostitution is when someone accepts payment for some sexual act. Solicitation involves the lewd act of offering money to someone to engage in an act that is sexual in nature.

The biggest difference between these two charges is that to be charged with solicitation, the defendant requested that another person engages in an act with them that is sexual. The prosecution must prove that the defendant intended to engage in the criminal sexual act, even if it did not happen. This specific intent is enough to result in the arrest of someone for solicitation.

Understanding Solicitation of Prostitution Charges

When it comes to sex crimes in Michigan, solicitation of prostitution charges is somewhat straightforward. This crime involves the act of exchanging a payment of some type (including money) for a sexual act.

According to Michigan law, this crime involves someone who is age 16 or more who solicits, invites, or accosts someone else in a public location or from a vehicle or building by a gesture, word, or another means to engage in prostitution or another immoral or lewd act.

According to the penal code, the following acts are viewed as the solicitation of prostitution in Michigan:

● Using a gesture, word, or some other action

● To invite, solicit, or accost someone else

● From or into a vehicle, public location, or building

● For committing prostitution or another immoral or lewd act

What Happens if You Get Caught Soliciting Prostitution?

If you are convicted of a first offense for solicitation of prostitution, it is a misdemeanor. The potential penalty for this is up to 93 days in county jail and fines of up to $500.

For a second conviction of prostitution or prostitution-related crimes, you will face potential penalties of a year in jail and up to $1,000 in fines. Third or consecutive convictions are charged as felonies and come with a maximum prison sentence of two years and maximum fines of $2,000. Unlike other sex crime charges, a solicitation conviction in Michigan does not require that you register as a sex offender.

Solicitation Does Not Always Include Sexual Acts

It is important to note that you can be charged with solicitation of prostitution in Michigan even if no sexual services or sex acts occur. Usually, solicitation charges arise during sting operations, which occur when the police go undercover to try to catch a criminal. In this situation, the crime would be soliciting a prostitute.

In these sting operations, female police officers will play the role of a prostitute and wait for a “John” to solicit them for the act of prostitution. Other officers are usually nearby to come and arrest the solicitor.

No type of lewd act or sexual action is required for this arrest. Money does not have to exchange hands, either. Just proposing to pay money (or something else) for sex is considered a solicitation in Michigan.

Potential Legal Defense Strategies for Solicitation Charges

It is recommended that you contact a prostitution lawyer right away to begin forming an attorney-client relationship. The criminal sexual conduct attorney you hire will be able to examine the facts of your case and develop effective legal defenses for your situation.

Make sure you hire a criminal defense attorney with experience handling cases involving sexual conduct, like what is described above. Some of the potential sexual assault defense strategies that can be used for soliciting prostitution charges are listed here. Remember, your CSC defense attorney must create an argument that shows reasonable doubt that you meant to commit prostitution-related crimes.

Specific Defenses to Your Solicitation Charges in Michigan

Potential criminal defense strategies for a soliciting a prostitute charge include the following:

• The criminal defendants in the case were unaware of what was going on and unknowingly violated the law; however, their actions were innocent
• Providing proof that the sex act did not occur or that the activity did not involve any sexual act
• Showing there was no exchange of payment
• Your arrest was not supported by any probable cause as outlined in the Michigan penal code
• Your Constitutional legal rights were violated
• The prosecution does not have sufficient evidence to show any sexual favors, sexual intercourse, or other sexual acts that occurred

There are other considerations your attorney will keep in mind as they work to build a criminal defense for your case. Reputable sex offender lawyers will consider all circumstances surrounding the situation and your arrest as they build your defense. Since the act of prostitution is illegal in Michigan, you must get an attorney right away when facing these charges (see: Michigan prostitution laws).

Contact an Attorney to Help Establish a Strong Criminal Defense for Your Case

If you have been arrested in Michigan and charged with solicitation of prostitution, it is important to work with an experienced and informed attorney to help reduce the possibility of a conviction.

As a former prosecutor, Attorney Nicole Blank Becker can provide the legal representation you need. When you contact Blank Law, PC, the legal team understands that several factors come into play when facing these charges and that the prosecution must show specific intent. In many cases, other considerations are involved, which can help strengthen your defense. This is all information that your attorney will use to help you fight the charges against you.

Attorney Nicole Blank Becker Provides the Legal Defense You Deserve

With more than two decades of experience working on criminal cases in Michigan, you can count on Attorney Nicole Blank Becker and her army at Blank Law, PC to provide you with aggressive representation, regardless of if you are facing solicitation, disorderly contact, or other sex crime allegations. She fully understands the criminal justice system in the state, thanks to her years as a deputy prosecutor.

No matter your situation, you can count on this legal team to help you with your case and provide the best possible representation for your situation.

The first step is to contact Blank Law, PC by calling (248) 515-6583 or reaching out online. The initial consultation is free; you can discuss the situation and learn your options. This law firm ensures that your rights are protected, no matter the charges you are facing.

You are entitled to legal representation if you are charged with a crime under the Michigan legal system. The court will appoint a defense lawyer to represent a criminal defendant who cannot afford one. However, working with a public defender may not always be in your best interest, regardless of how easy it may seem to accept a court’s offer of a free defense lawyer.

You need to hire a private defense attorney to increase your chances of fighting criminal charges against you and avoiding a conviction. Although many factors determine your chances of success in a criminal case, the kind of criminal defense lawyer you hire is crucial.

Are Public Defenders Good?

Frederick Mardlin’s case effectively illustrates the necessity of hiring a private criminal defense lawyer to create an effective defense against criminal accusations. The 32-year-old father of three served three years in jail for an offense he did not commit after being wrongfully convicted of arson.

Mardlin’s court-appointed public defender could not get funding for hiring an electrical expert witness to provide testimony in court. The expert testimony would have demonstrated that the fire was not started on purpose and was brought on by defective wiring.

Cases of this nature are not unusual in Michigan due to the overburdened and underfunded public defense system. Therefore, you should consider retaining private counsel to secure the best legal defense for you or a loved one facing criminal charges in Michigan.

Four Drawbacks of Consulting a Public Defender

When defendants lack the financial resources to engage a private attorney, courts appoint public defenders paid by the government to represent them. Unfortunately the public defense system is understaffed and public defenders are overworked, making it challenging to build a solid defense for the people they represent.

In contrast, private attorneys have adequate time and resources to devote to the criminal cases they handle. They work diligently to get the charges against you wholly withdrawn or to get you a lesser punishment. They also offer a range of legal services designed to cater to your legal needs from the start of your case until its conclusion.

If you are still undecided about whether you should go with a public defender or hire a private lawyer, here are four potential drawbacks to hiring a public defender that you should consider:

Public Defenders Have a Heavy Caseload

Since public defenders are government employees, they are not as well paid as private lawyers and are typically overburdened. The average public defender in Michigan takes on over 150 criminal cases at a time. Sometimes, they only have the time to review your case file a day before your scheduled court date. Creating a solid defense in less than 24 hours is nearly impossible.

In addition, a public defender may only meet with a criminal defendant briefly before the latter takes a plea bargain. They may encourage their clients to plead guilty or take plea deals which may not be in their best interests in an effort to reduce their heavy workload.

They Lack the Resources Needed to Create a Solid Legal Defense

It costs money and labor to conduct investigations, build an aggressive defense, and hire expert witnesses. However, public defenders lack support staff and the financial resources to prepare a case effectively. In addition, they may resort to cheap or public laboratories to gather forensic evidence which may only be partially accurate or reliable, unlike evidence obtained from private laboratories.

Public defenders must formally request funds to cover defense costs, and the defendant may be charged for them if funding is not approved. In Frederick Mardlin’s case, he was found guilty because he lacked the funds to prepare his defense effectively. If he had retained a private criminal defense attorney, his outcome would have likely been very different.

Heavy caseloads and inadequate resources could hinder a public defender from devoting the time, effort, and focus required to craft a legal defense that could have eliminated or lessened the consequences of a conviction.

Most Public Defenders Do Not Have an Area of Specialty

Public defenders are qualified lawyers, but they are not specialized and may lack the expertise of an experienced private lawyer due to their high client turnover. Utilizing a public defender is comparable to visiting a family physician when you require a heart surgeon.

Suppose you are accused of sexual assault, you should then hire sex crime lawyers. If you are involved in a murder trial, you should then hire a defense attorney specializing in handling homicide cases. On the other hand, if you have been charged with financial fraud, you need a lawyer with sufficient experience defending those charged with financial fraud (see: what to look for in a criminal defense lawyer).

Hiring a lawyer specializing in the law field under which the crime you have been charged with is classified improves your chances of success. An experienced lawyer can advise you on recent changes and legal trends relevant to your case.

You Cannot Choose Your Own Attorney

A public defender is a court-appointed lawyer. You are not permitted to choose which public defender will represent you, as this decision is reserved for the courts. In such cases, you may be stuck with a lawyer you do not like, and getting a different public defender to represent you can be challenging.

Every defendant should trust and feel comfortable with his or her lawyer. Your lawyer should respect the attorney-client relationship and protect the confidential or sensitive information you share with them. A great defense lawyer is to act in your best interest and work with you towards clearing the charges brought before you. Therefore, you should be able to choose your attorney. This option is only possible when you consider hiring a private lawyer.

Public Defenders are Not Always Provided at No Cost

Since every criminal defendant is entitled to legal representation, public defenders are appointed for those who cannot afford a lawyer. In most cases, a court must first approve your application for a public defender before appointing a counsel to represent you.

Contrary to popular belief, public defenders are typically not free. You could be required to pay back some of our court costs and attorneys’ fees for legal services rendered, depending on the charges, court verdict, your financial position, and even as a condition of parole. Also, you may be required to pay an application fee when applying to the court to appoint a public defender to represent you.

The Price of Cutting Corners on a Defense

Many defendants opt for a public defender because they believe private counsel is expensive. When facing criminal accusations, it might be detrimental to your prospects of winning at trial if you do not hire a private attorney.

When choosing a private lawyer, you should keep your budget in mind. Still, it would be best if you did not allow concerns about excessive lawyer fees to prevent you from getting the best legal assistance.

Attempting to cut costs on a legal defense by consulting a public defender typically results in a significantly higher probability of conviction and a harsher punishment than what would happen if you hired a private defense attorney. No matter how capable or committed a public defender may be, they frequently lack the time, money, and other resources to prepare a case and develop a vigorous defense.

The United States has One of the Highest Incarceration Rates in the Developed World

For more than 20 years, the United States has had the highest rate of incarceration in the world. Due to Michigan’s overworked and failing legal system, the incarceration rate may even be higher than in other states. Since the system is already overburdened, it worsens as more people rely on public defenders.

Sadly, innocent persons who lack dogged and skilled legal representation are occasionally convicted and sentenced for crimes they did not commit. According to the Michigan Chapter of the American Civil Liberties Union, Michigan’s criminal justice system is infamous for injustice of this kind.

Do Not Put Your Future at Risk! Hire a Seasoned Criminal Defense Lawyer Today

Building a solid legal defense can seem daunting, especially when you work with a public defender. It would help if you did not go through the process alone or with a public defender that has limited expertise, time, or resources to defend you effectively. Our law office at Blank Law, PC, is open to you if you need private counsel for yourself or a loved one in a criminal case anywhere in Michigan.

We accept all major credit cards and keep our prices fair to make it easier for you to acquire an excellent legal defense. The consequences of not hiring a skilled private attorney include a criminal record, jail time, and severe financial fines. Your life could be adversely affected for a long time if you fail to retain the best legal counsel.

Attorney Nicole Blank Becker of Blank Law, PC worked as a former prosecutor, giving her a unique advantage over other private lawyers. She is familiar with the same judges and court processes as any public defender, and can help you navigate Michigan’s criminal justice system successfully. Do not put your future in danger! Contact us today for a free initial consultation.

Bail is a refundable sum of money a person arrested by the police pays to be released from jail until their scheduled court dates. It is typically paid in cash and designed to ensure a defendant‘s appearance for trial or another court hearing. Contrary to popular belief, bail is not a fine or sanction for a crime.

The judge calls a bail hearing in court to determine if a defendant is eligible for bail. The prosecutor usually makes a brief argument and may ask the court not to grant bail. The defendant is entitled to legal representation by a criminal defense lawyer, who can make an argument before the judge asking the court to grant bail.

If the defendant is granted bail, they will have to post a bond payment to ensure their appearance in court on the scheduled day before being released. Judges often set hefty bail sums that many defendants cannot afford. However, some defendants often resort to bail bond agents to help them post bail.

If you or your family member has been arrested on felony charges in Michigan, you might need a bail bond before you are released from jail. Bail bondsmen can help you post bail if you or your loved ones cannot raise the bail money. Several bail agents in Michigan can help you, but you need to know how bail bonds work before contacting a bail bondsman.

Do I Need a Bail Bondsman?

Bail bonds can reduce some of the stress defendants and their families face when engaged in the legal system. They are often issued by licensed bond insurance companies and can be used to guarantee a defendant’s freedom between court appearances by posting the required bail amount.

By using bail bonds, you save your family and friends the pressure of the bail process in securing your freedom. You should know the type of bail bonds that exist so you do not waste time trying to gather funds. Bail bonds can prevent you from staying in jail for too long until your case is concluded. Learn if a lawyer can keep you out of jail here.

Most of the time, you can get a bail bond by giving a bondsman a part of the entire cost. Then, the bail bondsman will provide the court with a “surety bond,” or a promise that you will appear in court and comply with any other pre-trial release requirements. However, the court will hold on to the bail bond until your case is resolved. The entire bail amount will be forfeited to the court if you miss your scheduled court dates or refuse to follow the other conditions of your release.

Our Criminal Defense Law Firm Can Help You Get Bail Bonds Anywhere Throughout Michigan

You need a lawyer if you have been arrested or charged with a criminal offense in Michigan. The legal system is complex, and you need expert guidance to navigate it successfully. Your freedom probably hangs in the balance pending the conclusion of your criminal case. However, a skilled criminal defense attorney can help secure your freedom even before your court hearing.

Your freedom is essential because you need to spend time working with your attorney to build a solid defense strategy and not sit behind bars. The prosecution is working around the clock to gather evidence establishing your guilt. So, you must ensure that you channel time and effort into building an aggressive defense.

Many defendants often struggle with raising bail amounts because of how hefty they often are. However, you do not need to use your own money or borrowed funds for posting bail. With the help of a seasoned criminal defense lawyer, you can access bail bonds to secure your freedom. Your lawyer can help you find an accredited bail bond agent to ensure your release from jail pending trial. Learn what to look for in a criminal defense lawyer here.

Most people do not understand the bail process and are unaware of bail bondsmen. Our law firm has assisted many criminal defendants with the bond procedure in Michigan. We can provide you or your family member with any bail bond-related assistance you require.

Blank Law, PC is a top criminal defense law firm in Michigan. We work with clients in Detroit, Ann Arbor, Lansing, and all throughout Michigan. If you face criminal charges in Michigan, we are available and ready to help you secure your freedom and develop a strong defense strategy. We can also assist you with finding a suitable bail bond agent.

Our law firm is committed to helping you get the best outcome in your criminal case. Contact us for a Michigan criminal defense attorney free consultation.

Types of Bail Bonds in the State of Michigan

Although bail amounts are not supposed to be exorbitant, they can be pretty substantial, with judges setting bail in the hundreds of thousands of dollars. The bail amount a defendant is required to pay varies. Certain Michigan courts set bail for specific charges, and so, in some cases, you already know what to anticipate.

However, judges in other courts consider several variables when setting bail amounts. These elements include a defendant‘s financial status, the gravity of the offense, the likelihood that the offender would abide by the terms of release, flight risk, and any prior criminal history.

Defendants accused of felonies and have high flight risks or an unreputable criminal history often have their bail amounts set pretty high. However, defendants accused of capital offenses and felonies involving excessive violence are not eligible for bail.

If bail has been granted, the defendant will not be allowed to leave jail until the bail bond has been paid. There are four ways you can post a bail bond:

Getting a Surety Bond Through a Bail Bondsman

Getting a surety bond from a bond agent, who serves as a representative of a bail bond insurance company, is a popular way to post a bail bond. The defendant, a family member, or a friend pays the bail bondsman’s fee under this agreement. The bail bondsman then promises the court they have the resources to cover the entire bail sum if the defendant skips bail.

The cost of the surety bond is determined by the state of Michigan, not the bond insurance company, and is often much lower than the total bail sum, at roughly 10%. However, it is not refundable. Bail bondsmen frequently demand that the defendant, their family member, or a friend post some collateral as insurance if the defendant fails to appear in court. Once the fee is paid, the bond agent posts the surety bond and pays the fee.

Where the defendant fails to appear on their scheduled court date, the bail bondsman or bond insurance company may hire a bounty hunter to find the defendant. When the bounty hunter finds the defendant, they inform the bail bondsman, who informs the court that the defendant will be re-arrested and held in jail until their case is concluded.

Posting a Cash Bond for 10%

You may have an alternative if you do not want to use bail bond agents or a surety insurance company. Sometimes, the court may let you pay a 10% cash bond instead of utilizing a bail bonds agent.

You can post a cash bond by paying the court a 10% cash payment in person or by employing a bondsman to pay the court 25% of the total bond sum. If you can raise a substantial sum, paying the court directly is advisable. That way, you can avoid paying the bail bondsman’s non-refundable fees.

Securing a Bail Bond with Real Estate

Another way of posting bail is by using your real property, like your house, to secure a bond. This type of bail bond is called a property bond. The bail bond’s value must be approximately equal to the property’s value for the court to accept it. However, the state of Michigan could seize your property if you fail to appear in court.

Posting a Complete Cash Bond

If the court considers you a flight risk, you may be required to deposit a complete cash bond. Under these circumstances, you cannot be released from custody while awaiting trial until you have paid the total bond sum. However, you might be able to obtain a surety bond from a bondsman for the full sum as an alternative to paying the entire amount to the court for a fee.

Attorney Nicole Blank Becker Has Helped Those Facing Criminal Charges in Michigan Obtain Bail Bonds to Secure Their Freedom

There is no need to fret or feel overwhelmed if you and your loved ones cannot raise your bail money. Attorney Nicole Blank Becker can help you secure your freedom using a bail bond. She has years of experience assisting defendants in Michigan with staying out of jail.

Nicole and her team at Blank Law, PC can help you find suitable bail bondsmen or a bond insurance company, or advise you about your available options for avoiding jail. She will also help you create a solid legal defense to increase your chances of not being convicted. Contact Attorney Nicole Blank Becker for a free initial consultation today.

Your children will always be your children, regardless of their age, and you will feel responsible for them. You want to make sure they are doing OK. Additionally, you want to either figure out a way to help them out of trouble or do your best to keep them out of trouble.

Knowing that your adult child is having legal issues is worrisome. If they have been arrested or are the subject of a police investigation for a crime, you want to know how best you can help them. In such circumstances, feeling fearful, nervous, or panicked is normal. However, the best way to help your child is to act.

While reaching out to your loved ones and friends to see what they can do about your child’s arrest may be beneficial, speaking with an attorney is a crucial first step. It could be tempting to contact your family attorney, if you have one, or any other attorney a family member suggests. However, you will require a criminal defense lawyer if your child has been arrested.

My Adult Child Was Arrested. What Can I Do?

Suppose your adult son has been placed under arrest. In that case, it indicates that the police have decided to press charges against him because he is considered a suspect in a criminal case. The Family Division of Circuit Court will handle your child’s case if they are under the age of 17, in which case they will be regarded as a juvenile. However, if your child is older than 17, they will be regarded as adults and are subject to the criminal justice system in the state where they have been charged.

Most parents typically feel helpless in the face of their child’s arrest. However, there is a way to help. Your child needs a lawyer to help them fight the criminal charges brought against them. They need a criminal defense attorney, regardless of whether they committed the offense. You should call an attorney, even if your child refuses to speak with one. Now is the time to show your child some tough love and work towards securing their freedom.

Criminal offenses often have significant legal consequences. They would include community service, probation, fines, jail term, a restraining order, and sex offender registration if your son or daughter is charged with sexual assault. Life sentences may be used to punish more severe crimes. In addition, your child may be required to cover the costs of medical treatment for the victim in a case involving a serious injury, should the victim bring a civil action against them.

Therefore, hiring a defense lawyer is your child’s greatest chance of avoiding a criminal conviction and sentence (see: how to hire a criminal defense lawyer). In addition, you might need emotional support while you go through this difficult time. There are support groups across the nation comprising parents whose adult children have been arrested. They may offer you some helpful suggestions and encouragement at this time.

Will My Child Be Held in Jail Until a Court Trial?

Your child may be detained in jail or released following an arrest, depending on the severity of the offense. If the charges against your child are not dropped, they may only be released on bail pending a court trial.

The judge decides your child’s bail release during a court bail hearing. The court often allows both sides, the prosecutor and defense counsel, to make brief arguments before deciding in a bail hearing. Therefore, hiring a criminal defense lawyer is advisable to improve your chances of getting your child released on bail. Learn what to look for in a criminal defense lawyer here.

We are aware of the worries and apprehension parents experience while their child has been arrested, and we understand your desire to secure their freedom as quickly as possible. Contact our law firm, Blank Law, PC, to find out how we can assist you and your child. You can schedule a free initial case evaluation with a criminal defense lawyer at our firm today.

What Happens if My Adult Child is Charged in Court?

No matter how “minor” you believe the offense is, be sure to have legal representation when your child appears in court for the first time. Some of the following events occur in court, and your child must have a defense attorney present:

• The charges are listed: When a defendant appears in court, they are informed of the crime(s) they are accused of committing and the potential consequences of a conviction.
• Legal rights are read: The defendant must sign a document attesting that they were informed of their legal rights and understand them.
• The defendant makes a plea: The defendant is asked how they plead to the criminal charges. They may plead guilty, not guilty, nolo contendere (no contest), or refuse to speak, regarded as a not guilty plea. Other pleas include the Killebrew Plea and the Cobbs Plea, guilty pleas with conditions.
• The bail is set: A person accused of a crime will be detained until a court sets a bond amount. Even if the person abides by all the conditions of the bond, the cash or property used to post bail may only sometimes be fully returned (see: how do bail bonds work?).
• The next court date is scheduled: The court notifies the defendant of the next court date or informs the defendant that the next court date will be communicated later.

What is a Bail Bond and What are the Different Types of Bonds and Bail Conditions?

If your child is granted bail, they must post a bond payment to ensure their appearance in court on the scheduled day. A bond is a refundable sum required to guarantee that your child will appear in court for the trial or subsequent court proceedings. A bond is not a fine or sanction for a criminal offense.

Bail is not always an option in court cases. For instance, it is not available in capital offenses or crimes involving excessive violence. A capital crime is a severe offense attracting the death penalty in some states. The court considers the crime’s severity and the state’s practices when determining whether to grant bail.

Bonds are often granted with some conditions that your child must agree to. Such bail terms include no drug or alcohol use during that time, no driving, or no contact with the victim. The court will issue an arrest warrant if your child violates the bail conditions or skips bail, and you will forfeit the money paid as bail. Therefore, when your adult son or daughter has been released on bail, you must ensure they do not lose control and violate their bail condition.

There are four types of bail bonds:

• Bonds on personal recognizance (“PR“ bonds or “signature bonds“) – The court may grant bail to defendants on their recognizance, usually for misdemeanors. Therefore, they would be released without posting bail since they are not considered a danger to society. The defendant or a third party would only be required to pay the bond sum if they skip bail.
• Cash Bonds – A defendant may need to pay the entire bond sum in cash before they are released. If they appear on all their scheduled court dates, most of the money may be refunded to the person who posted bail.
• Surety Bonds – If you or your loved ones cannot raise the bond sum, you may work with an authorized bondsman who will guarantee that your child will show up in court as needed by posting a surety bond. The bondsman will pay the whole bail sum if the defendant doesn’t attend court. A licensed bondsman may charge a non-refundable portion of the total bail cost in exchange for their services.
• Percent Bond – The defendant must post a portion of the total bond to be released from jail on this form of bail. The amount is generally as little as 10%, and the balance is only owed if the defendant misses their next court proceeding.

How Can Blank Law, PC Help My Adult Child Avoid Jail?

Our law firm is dedicated to defending those charged with crimes. We have defended young adults and adults in Michigan for many years. We are committed to acting in your child’s best interest. We will bargain for a plea agreement if we cannot get the charges dropped. We will also thoroughly review all the relevant facts and evidence if a trial is necessary to build the best possible defense.

Do not worry about securing your child’s freedom. We are here to help! Once you initiate an attorney-client relationship with Attorney Nicole Blank Becker and her team on behalf of your child, we will work immediately to create an aggressive defense for your child. We will answer all of your questions and those of any family members. Additionally, we will offer guidance on navigating the criminal justice system, penalties, costs of medical treatments, and bail.

Call us at (248) 515-6583, or have your family member contact us to schedule a Michigan criminal defense attorney free consultation today.

Due to the complexity of the criminal justice system and the length of criminal proceedings, the prosecution and the defendant typically seek the earliest possible resolution. Many prosecutors routinely use plea agreements to conclude criminal cases swiftly. Although plea agreements seem to benefit both parties, defendants should exercise caution before accepting one.

You must proceed cautiously if you face criminal charges and have a plea bargain offered by the prosecutor. You must be confident that the plea deal is the best outcome for your case, even though it could seem like the quickest method to conclude your case or avoid lengthy jail time.

The specifics of your case will typically determine whether you should accept a plea bargain. It might lead to the best outcome in some circumstances, but also have adverse effects. Therefore, you should speak with a criminal defense attorney before agreeing to a plea deal.

Relying on public criminal defense lawyers might not be the best option because they are frequently too busy to consider the cost and represent you in the best way possible. Public defenders typically manage more than 150 cases at once, making it challenging for them to give your case their full attention and provide you with excellent legal counsel.

Therefore, consider hiring a private defense attorney with the time and resources to evaluate your case and formulate a strong defense plan. At Blank Law, PC, we devote much time and energy to assisting criminal defendants in avoiding a conviction. Our law firm is prepared and ready to assist you in fighting the criminal accusations made against you.

Should I Accept a Plea Bargain?

Contrary to popular belief, plea deals, rather than jury trials, are how many successful trials finish. A plea bargain is a deal reached by the prosecutor and the defendant whereby the defendant admits guilt to all or a portion of the charges in return for a lighter punishment.

Sometimes, prosecutors demand more from defendants than just pleading guilty to the charges. They may also ask them to testify as state witnesses in the case against other defendants. You must be ready to fulfill all the conditions of a plea bargain before accepting it.

Before accepting a plea bargain, you should consider the prosecutor’s motivations and what accepting it entails. You may need to speak with an experienced criminal defense attorney before deciding. Your lawyer will provide legal guidance and help you consider your options.

Attorney Nicole Blank Becker is a Michigan criminal defense lawyer with years of experience representing those facing criminal charges. She is ready to assist you if you or your loved one have been arrested for a crime or have a plea agreement offered by prosecutors. You set yourself up for the best outcome of your case by initiating an attorney-client relationship with us.

Having worked as a former prosecutor and possessing sufficient criminal defense experience, female criminal defense attorney Nicole Blank Becker has a unique advantage over other defense lawyers. She is very discreet and protects confidential or sensitive information shared with her. She can help you keep a conviction off your criminal record by building an aggressive defense against the charges brought against you. Contact our law firm to schedule a free consultation today.

What You Should Know About Plea Bargains

Accepting a plea deal may only sometimes be the best outcome for you. Pleading guilty may prove more detrimental to your case than you anticipated. Therefore, you ought to seek the advice of a seasoned criminal defense attorney before accepting a plea deal.

Public defenders may offer their services for less money or even free of charge. Still, they might not give sound legal advice. So ensure you carefully choose a private defense attorney who you know will advocate for your best interest and offer wise guidance on a plea bargain. Learn what to look for in a criminal defense lawyer here.

Here is what you should know before you accept a plea bargain or plead guilty in a case:

Prosecutors Want to Secure a Conviction and Offering You a Plea Bargain May Be an Easy Way of Getting it Done

In a criminal case, the prosecutor’s objective is to obtain a conviction. However, to convict a defendant under the law, the prosecutor must prove that the defendant is guilty beyond a reasonable doubt. They prove their case by calling witnesses and experts, presenting evidence, and investigating the defendant.

It takes time to gather sufficient evidence of the defendant’s guilt. Thus, prosecutors frequently look for the shortest method to wrap up a case. As a result, they might provide a defendant with a plea bargain, requiring the defendant to plead guilty in return for a lighter sentence. On the surface, it is beneficial to both parties. The case concludes much faster, the defendant has a lighter sentence, and the prosecution has secured a criminal conviction.

The prosecution’s primary goal is to obtain a conviction. They want to end the case and, in some situations, extract valuable information from the defendant against other defendants in the case. Therefore, you should speak with a criminal defense attorney who can offer legal advice in your particular case before you plead guilty or accept a plea deal.

Additionally, criminal law allows prosecutors to offer plea bargains to defendants, but the criminal justice system of some jurisdictions may leave the sentencing decision to the judge. For instance, in federal cases, the judges are not bound by the prosecutor’s recommendation. The sentencing judge decides the defendant’s punishment in such cases, regardless of what the plea agreement states or of the Michigan Sentencing Guidelines.

Therefore, before pleading guilty, you should be sure of the sentence attached to the plea bargain. If the sentencing decision lies with the judge, a plea deal may not be your best outcome.

Plea Bargains are Always in the State’s Best Interest, Not Yours

You may think a prosecuting lawyer is being “nice” when they offer you a plea deal. Prosecutors may attempt to persuade you that it is in your best interest to accept a plea deal on their conditions to avoid being accused of a more serious crime and more severe punishment.

However, a prosecutor may make a plea deal if the evidence against you is weak and they fear losing at trial. They may also do so to expedite the legal process and lighten the court’s load.

Prosecutors are not your allies or legal advocates. In many cases, the prosecutor believes you are guilty. They are not obligated to take actions that will benefit you or provide legal counsel in your best interest. The state employs prosecutors as its legal representatives who strive diligently to secure a conviction. They are compelled to act in a way they believe is best for the state, not for you.

With that said, in some cases, a plea deal may be the best outcome for you, particularly if you do not have sufficient evidence to show that you are innocent. Pleading guilty is also the best result if you committed the offense, as you could get a reduced punishment instead of going to trial. So, you should consult a criminal lawyer to determine if it is in your best interest before you accept a plea bargain. This is the perfect example as to why hiring a criminal defense attorney is the best decision.

Accepting a Plea Bargain Removes Your Right to an Appeal

A plea deal may be in your best interest; but if you agree to it, you forfeit your legal right to a trial. You may even lose your opportunity to appeal your sentence if you are sentenced unfairly. If you enter a guilty plea, the district attorney will typically propose a lesser sentence; nevertheless, they cannot control or guarantee sentence terms. Ultimately, the sentencing judge can disregard the prosecutor’s recommendations and determine the penalties and jail sentence you will receive.

Speak With an Experienced Defense Attorney Before Accepting a Plea Bargain

Police officers and prosecutors do not work the same way as criminal defense attorneys. A seasoned defense lawyer will recommend pleading guilty and accepting a plea bargain only if it is in your best interest. Additionally, they might be able to minimize the accusations against you by striking a deal to spare you from more severe charges and punishment if the prosecutor has not offered a plea deal.

Hire Blank Law, PC to Beat the Criminal Charges Brought Against You

If you have been accused of or charged with a crime, you need a lawyer with the time and resources to create an aggressive legal defense. Blank Law, PC is a top criminal defense law firm in Michigan specializing in criminal law, unlike other law firms that stretch themselves thin by practicing all areas of law.

Our legal team has sufficient defense and trial law experience and can offer you proactive and outstanding legal advocacy. Our criminal defense team will do everything possible to ensure you keep a conviction off your criminal record and avoid jail time. We provide solid criminal defense for those involved in criminal cases all around Michigan. Contact us today for a Michigan criminal defense attorney free consultation.