Date Rape and Statutory Rape Plea Bargains

Around the turn of the century, Michigan's so-called "rape" laws underwent a sea-change.  The Legislature re-wrote the law of sexual assaults into what is now classified as "criminal sexual conduct" [CSC].

There are numerous facets to this law, including the ages of the accused and the victim; their relationship; the use of force; and many other factors.  Once convicted under the CSC statutes, a defendant then faces the onerous registration requirements under the Sex Offender Registration Act.

Recently, our law firm was involved in two CSC cases that were headed for jury trials; one in Genesee County and one in Oakland County.  Each case resolved with plea agreements that preserved our clients' freedoms, but also included punishments that were justified under the circumstances.

The case in Genesee County involved date rape and resolved with hard-bargained plea and sentencing agreements that reduced the degree of the charges from CSC 3rd to CSC 4th.  The sentencing agreement featured a no-jail guarantee.  The only way these agreements were reached was because our lawyers were prepared to try the case; and the accused had a good defense.

Our Oakland County case was not as strong.  The accused wanted to utilize a defense that his young victim looked years older than she actually was.  When a victim is between the ages of 13 and 16, however, the Michigan Supreme Court long-ago held that an accused's reasonable mistake in the age of the victim is not a defense.

In fact, this defendant had no defense, even though no force was used and the evidence showed that the young victim pursued the relationship with the accused and "consented" to sexual contact.  If convicted, he also missed the 4-year "Romeo and Juliet" age-gap that would have afforded him the opportunity to convince the judge that he should not be placed on the sex-offender registry.

Between our client's willingness to push the matter to trial, the reasonable approach of the judge, the open-mindedness of the prosecutor to resolve the matter short of trial and, perhaps most importantly, the victim and her family's unwillingness to take the matter to trial, our client was offered a no-prison guarantee on his sentence, with any jail term suspended on condition he successfully completed probation.  A very good result under such tough circumstances.

Sexual assaults are horrible crimes that, when reported, often make the victim pay.  They frequently go to trial.  Most often, such cases become an exercise in damage control.

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Posted in: criminal defense lawyer,criminal sexual conduct,CSC,Genesee County,Michigan Supreme Court,Oakland County,rape,Sex Offender Registration Act,SORA

By the Numbers: Clarkston Legal Production 2011

In my law practice, I drive from various courts across Michigan in a 2009 Ford Explorer.  That vehicle has 110,000 miles burned into it over the past 3-years.  That's a lot of court appearances.

Here are the numbers behind those miles for this past calendar year.


Michigan Court of Appeals.  Although I had not argued before the Court of Appeals in more than two years, I had 4 arguments before the intermediate appellate tribunal in 2011.  Also filed 25 briefs in that court; most of them applications for leave to appeal guilty pleas.  In the first week of 2012, I have two arguments.

Oakland County.  This is where we hold a "home field" advantage.  In 2011, I appeared in the circuit court, including the family court division, 118 times.  An additional 86 appearances were made in the Oakland County Probate Court.  Getting to know the judges pretty well over there.

Getting to know the Friend of the Court Referees as well with 30 trips to the FOC for early intervention conferences, or evidentiary hearings.

Macomb County.  Went "East Side" for 24 court appearances in 2011, all of them in the circuit or family courts; no East Side probate court appearances this year.  Many of these were for the Attorney General.

Wayne County.  In 2011, we made 20 court appearances in the "D"; fifteen were in the circuit and family courts, while the remaining 5 were all in the Wayne County Probate Court.

Genesee County.  Just to the North of our offices [we can be in Flint in less than a half hour], I made the dash to the Genesee County Circuit Court 10 times in 2011.  In addition, we made 4 trips to the Genesee Friend of the Court for hearings.

Livingston County.  Only five appearances in Livingston County Circuit Court this year; all on a single divorce case.

District Courts.  In 2011, we appeared in many of the various district courts placed throughout the counties in which we appear.  80 district court appearances to be precise; most of them for criminal matters.

Administrative Hearings.  Only three of these this year; for drivers license restorations and an implied consent refusal.

Keep in mind folks, these statistics are for but one attorney in the Karlstrom Cooney law firm; my partners have many other court appearances in these courts.  They do have, however, more "transactional" law practices than mine.  Along with Kay Caruso, Stuart Cooney, and Peter Keenan, we are the firm's litigators.

So these are my numbers for this year; it was a productive one.  We have our clients to thank for keeping us well engaged.

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Posted in: family court,Friend of the Court,Genesee County,Livingston County,Macomb County Circuit Court,Oakland County Circuit Court,Wayne County Circuit Court