Sign-Toting MSU Fan Sought by Police

Considering that I graduated from the University of Michigan in Ann Arbor, I do not find myself in the position of pulling for the MSU Spartans very often; but last Saturday, I was grateful that another team mustered the power to bring down the Ohio State football machine.

That's just when the trouble started, again, on the Michigan State campus in East Lansing.  In the wake of their impressive victory over OSU, the campus erupted into what arguably could be characterized as a "friendly riot".

Apparently, there must be something in the student orientation material that advises: a) yes, our school will win occasional championships and national titles, and b) yes, you will be asked to participate in a campus riot when this occurs.

While it is debatable whether actual violence erupted in East Lansing after the game on Saturday night, or whether the campus gatherings more resembled a sport-fueled love-fest, it is undisputed that available property was seized, burned or otherwise destroyed.  These days, it was all documented in real-time by a significant portion of the revelers through a variety of social media.

The photo above was taken in Indianapolis while the game was still being played.  Now, the individual holding the sign is being sought by the East Lansing Police; but for what?

Sounds like a waste of time.  The police should be on the lookout for the culprits depicted in the dozens of clips posted to myriad social media sights, and from the clips looping on the evening news, depicting the destruction of property.

Was the guy in the stands at Lucas Oil Field simply expressing his right to free speech; or was he inciting a riot?  If any of the students displayed in the media were actually committing crimes and can be positively identified, the prosecutor will have a variety of potential misdemeanor charges to level:

• malicious destruction of property; 
• disorderly conduct; 
• inciting to riot on a university campus
• minor in possession of alcohol

Having been up to the East Lansing District Court on several occasions following campus MIP sweeps, I know that the district court judges are tuned-in to the student culture of their precious college town.  But this stuff gets political; the judges are looking to make examples, as they should.

There is a lot of pressure to sentence at least the worst offending students to the 93-day maximum on their misdemeanor du jour.  Atta boy Sparty!

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Posted in: disorderly conduct,East Lansing,malicious destruction of property,MIP,misdemeanor

Collateral Consequences of a Guilty Plea

When an accused pleads guilty to a crime, the complexity of our modern legal system often leaves some of the significant consequences of the plea undetected.  After all, that's why you hired a lawyer in the first place, right?

These undetected consequences include quasi-criminal matters such as immigration as well as less obvious examples like disqualification from certain career paths or professional degrees; or affecting a client's parent-child relationship.

Recognizing this growing problem back in 2006, the State Bar of Michigan's Criminal Issues Initiative sought to educate criminal defense lawyers and the public by developing material useful to making a fully informed decision.

In addition, the SBM's website provides useful and current information for those either facing a criminal plea, or those attempting to recover from one.  The web site includes a checklist for clients to complete, the Michigan Re-entry Law Wiki link, and information about housing, immigration, employment, and child/parent issues.

Just recently, the SBM's Representative Assembly (the State Bar's elected governing body) passed a resolution to support legislation for the collection and notification of all collateral consequences involved with a criminal guilty plea.

Attorneys are challenged to keep-up with the multi-faceted and ever-expanding consequences of criminal convictions in our modern world.  When facing the prospect of a criminal guilty plea, even for a misdemeanor, be sure you hire a lawyer that knows about such consequences.

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Posted in: collateral consequences,Criminal Issues Initiative,criminal law,defense attorney,guilty plea,immigration,Michigan Re-entry Law Wiki,misdemeanor

Should Teen "Sexting" be Criminalized?

Last winter, a 14-year old from Olympia, WA wanted to send her boyfriend a special momento.  In an exercise of judgment she would come to profoundly regret, she snapped a full-on frontal nude with her cell phone.

She then attached the pic to her boyfriend Isaiah's number and pushed send, sealing her fate.

For his part, Isaiah was coaxed by another girl he thought was good friends with his girlfriend into forwarding the pic.  Actually, the other girl was a rival for Isaiah's affections with an epic episode of cyber-bullying on her mind.
 
Annotating the pic with a disparaging comment, the rival did a global attach, publishing it to all her contacts.  From there, it went viral within hours.

Before school started the next day, parents and middle school administrators alike were scrambling with damage control.  By mid-day, local police were on the scene conducting interviews.  Isaiah was arrested at the school by the end of the day.

Isaiah, the rival, and another middle school student were charged with distributing child pornography; a felony.  The three teenage offenders spent at least one night in the local juvenile detention center and were brought before a magistrate in standard blue jumpsuits.

The community was pitched into an uproar.  Some parents wanted the accused teens tried as adults; others wanted the subject of the photo charged along with the publishers.

In the end, the prosecuting attorney moderated the charges, offering a misdemeanor reduction equivalent to our "disorderly conduct", with the opportunity to earn a dismissal in exchange for some very targeted community service.

As a component of their probation, the teen misdemeanants were required to create a public service  campaign about the hazards of sexting.  The prosecutor fashioned a sentence that would both capitalize on the aftershock of the incident as well as educate the public about what was acceptable conduct for their children.

Looks like "mission accomplished".

But you would be fooling yourself to think that our culture's sexual saturation is going to change anytime soon. Our children are bombarded with images on a 24/7 basis.  Remember Motorola's Super Bowl ad of Megan Fox snapping a pic of herself in a bubble bath.  Wonder who she sent that pic to...?

We here in the Detroit area are well familiar with sexting hazards; it basically brought down the hip-hop Mayor after all. [Well, technically a perjury conviction accomplished that; but still, just sayin....]

So think twice before you push send folks.  This bit of digital common sense applies to any manner of content you are about to publish.

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Posted in: child pornography,distributing child sexually abusive material,felony,lawyer,Megan Fox,misdemeanor,Motorola,Olympia,sexting,texting