Charged with a Sex Crime in Michigan? Here’s What to Expect
If you face sex crime charges in Michigan, knowing what to expect during your case can help reduce the anxiety and stress of facing criminal prosecution and prepare you to defend your rights, reputation, and future from the consequences of an arrest or conviction.
Examples of Sex Crimes Under Michigan Law
Sex crimes include any criminal act involving sexual, lewd, or indecent activity. Common examples of sex crimes in Michigan include:
- Criminal sexual conduct (rape)
- Sex trafficking
- Solicitation of prostitution
- Gross indecency
- Indecent exposure
- Gross lewdness
- Enticing a child
- Possession of child pornography
What to Expect When Arrested for a Sex Crime
Following an arrest, you can expect to go through the various stages of the criminal justice process until your case is resolved. The next step is booking. During booking, officers will take your fingerprints and photographs and run a warrant check to see if you have any other active arrest warrants. For less serious sex crimes, the police may release you after booking; however, for more severe crimes, the police may detain you until you can appear before the court to determine whether to release you pending resolution and, if so, whether to set bail as a condition of your release.
The first appearance in a criminal sex crimes case is an arraignment. This occurs in District Court. Bond will be decided; the charges will be read; and a not guilty plea will be entered. You will be apprised of your rights including your right to have representation from a sex crimes defense attorney.
If charged with a felony sex crime, the next hearing is a probable cause conference. This is your attorney’s first meeting with the prosecutor. Discovery may be received before or on this date. After a review of the evidence, you and your attorney will make a strategic decision to waive or hold the probable cause hearing or a preliminary examination.
Probable cause is only a little more evidence than “probably a crime occurred and probably the accused committed it.” It is highly unlikely the defense wins with a case dismissal at this stage, since the evidentiary burden is so low against those charged with sex crimes.
During pretrial proceedings in a sex crime case, both parties will further investigate the alleged offenses and undertake discovery, in which you disclose evidence and witnesses to help prepare your respective cases for trial. Based on further investigation and discovery, you may also negotiate a plea deal under which you agree to plead guilty in exchange for a favorable sentencing recommendation from the prosecution, or you may choose to maintain your innocence and proceed to trial.
Potential Penalties and Consequences
A person convicted of a sex crime in Michigan may face various penalties and consequences from the conviction. First, the court may impose a sentence that includes jail or prison time and fines. Individuals who commit sex crimes may have to register as sex offenders upon their release from incarceration, which requires them to report periodically to law enforcement officers about their residence, employment, and other personal details. Finally, a sex crime conviction will result in a person having a criminal record that may create a stigma when pursuing housing, employment, or educational opportunities.
Contact a Criminal Defense Lawyer
Being arrested on sex crime charges is an urgent matter with potentially devastating consequences for your future. You need experienced, dedicated legal counsel to protect your rights and freedom. Contact Kirsch Daskas Law Group PLLC today for a confidential consultation with a sex crimes defense attorney to discuss your legal options.
