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If you have been charged with a violation under Chapter 110 of the United States code for possessing, receiving, distributing, or producing child pornography, then pursuant to 18 USC 18 U.S. Code § 2259, you are likely to be ordered to pay restitution to the victims of the crime. The term “victim” refers to the individual who is harmed because of the child pornography related crime.

As a general concept, the purpose of restitution in a criminal case is two-fold.  Firstly, restitution is intended to make a person “whole” meaning reimburse them directly for losses suffered because of the crime committed. Secondly, restitution has a punitive function, it is intended to punish the wrongdoer for the crime.

If the crime involved the trafficking of child pornography, which in this context means a violation of 18 USC 2251(d), 2252, 2252A(a)(1) through (5), 2252A(g), then the specific law cited above applies. Under this law, the court is required to determine the full amount of losses that were actually incurred or that could be “reasonably projected.” Then, after this calculation, the court is required to order restitution in an amount that reflects the defendant’s “relative role” in causing the victims loses.  The minimum amount that must be ordered $3,000.

A man charged with second degree Criminal Sexual Conduct (CSC) in Ann Arbor successfully avoided jail time and conviction on the charge as filed. The accused was originally arraigned on the CSC 2nd degree charge on July 29, 2020. The charge was a result of an investigation into a complaint from a 10-year-old girl who was under the care of the accused. The allegation was that the victim was touched in a sexual way by the accused while being cared for by the accused in the home of the accused.

What are the penalties for 2nd degree Criminal Sexual Conduct in Michigan?

The potential consequences for second degree Criminal Sexual Conduct in Michigan are severe. CSC 2 is a felony that cannot be expunged. If convicted, you could be sent to state prison for up to 15 years. A conviction also requires that the defendant registers as a sex offender under Michigan’s Sex Offender Registry Act (SORA). If the victim was less than 13 years old and the defendant was at least 17 years old, as in the case above, then the convicted defendant will be required to wear an electronic monitoring device for a lifetime. The convicted defendant must also pay for the cost of that monitoring device.

Early in the 2020 Covid-19 pandemic Michigan’s Governor Whitmer promulgated a slew of executive orders that significantly reduced or eliminated the ability of Michigan’s citizens to work, travel, shop and engage in many leisure activities. The Governor’s orders were among the most restrictive in the Nation, earning her both praise and criticism locally and nationally.

Within Michigan, many protests followed, including a well-publicized armed protest in April 2020. No firearms arrests followed this protest, and many were surprised that Michigan law did not ban the open or concealed carrying of firearms at the State Capital.

To understand why no arrests were made, it is helpful to know that Michigan is an open-carry State, meaning that in many instances non-concealed firearms can be carried anywhere not otherwise precluded under Michigan Complied Laws §750.234d.  The laws pertaining to concealed carry are someone different, but the capital building is also not a prohibited place for concealed carry under Michigan Complied Laws § 28.425o.

While no statistics are readily available to answer this question, anecdotal evidence suggests that human trafficking is more common in Oakland County Michigan than most people realize or want to admit. This contention is informed by a recent press announcement by Oakland County Prosecuting Attorney Karen McDonald.

Ms. McDonald addressed the media when announcing a significant human trafficking bust in Madison Heights, a suburb of Detroit Michigan. During this press conference, Ms. McDonald indicated that her new administration had formed Oakland County’s first ever human trafficking unit. Furthermore, that under her administration, rather than assemble a special drug unit, her administration will focus on the identification, investigation, interdiction, and prosecution of those involved in human trafficking.

This public announcement comes days after Michigan’s Attorney General announced Michigan’s Human Trafficking Commission’s 2020 Annual Report.  This 20-page report, available online, explains the framework under which Michigan’s Human Trafficking Commission operates, and a summary of the Commission’s work in 2020.

Force, also known as coercion, is a legal term of art. It is a legal concept that is specifically listed or referenced in each of Michigan’s Criminal Sexual Conduct (CSC) offenses, 1st Degree through 4th Degree. Overall, Michigan’s Criminal Sexual Conduct defines force as actual physical force, the threat of force, the threat to retaliate against the victim, extortion or threat thereof, kidnapping or threat thereof, concealment of something to commit the assault, surprise, or, in a medical environment, it fake or unethical medical procedures. However, as often the case in legal jurisprudence, there are some slight differences in each degree of criminal sexual conduct.

Force Related to Fourth Degree Criminal Sexual Conduct in Michigan:

In CSC 4th Degree, MCL 750.520e(b) states the following:

The Superbowl has dominated the recent headlines, but an unfortunate story involving one of the Chiefs’ coaches, and the son of Head Coach Andy Reid, has also captured national attention.  Britt Reid was involved in a car accident wherein two young children were injured including one who is listed in serious life-threatening condition with a brain injury.

According to some initial Reports, the coach was driving onto an on-ramp and struck a disabled vehicle and then collided into a car that was providing assistance.  The accident resulted in the two minor children being seriously injured.

Mr. Reid admitted to drinking 2-3 alcoholic drinks prior to the accident, and a police report and warrant indicated a moderate odor of alcoholic beverages.  If there is evidence that alcohol may have been involved, then it is common that a warrant for a blood draw will be obtained.

In January 2020 it came to light that employees of Intoximeters, the company retained by the Michigan State Police to maintain all the alcohol breath testing devices used in Michigan’s DUI investigations, had committed fraud. This fraud included the falsification of the documentation necessary to confirm that the breath test units were working properly.  Much has happened and been learned about the fraud in the ensuing 12 months, and this has culminated in the recent filing of a complaint in the Federal District Court for the Eastern District of Michigan by the Marko Law Firm.  The Firm’s Federal Complaint alleging Fraud was filed January 26, 2021.

Lawsuit Background

The device used to test a driver’s breath in every drunk driving investigation involving breath evidence in Michigan is called the DataMaster DMT. In 2006 Michigan purchased approximately 160 of these devices and paid about $6,000.00 per unit.  These devices were intended to replace the aging DataMasters then in use around the state.

A question the criminal defense lawyers at the Barone Defense Firm are often asked by their client’s is whether it would be beneficial to begin in therapy. Although the question is typically offered in the context of “will it help my case” or “will it make me look better in front of the judge or prosecutor” this is only one aspect that underlies this question.

We have found that many persons involved in allegedly criminal behavior are doing so as an outgrowth or sublimation of an ongoing and improperly treated mental health issue. In the case of an allegation of intoxicated or drunk driving the individual may be suffering from an unmitigated substance use disorder. In such a case, the substance use disorder may be a further sublimation of a mood or personality disorder. On the other hand, a person accused of receiving, distributing, or producing child pornography may have themselves been abused as children or suffer from an addiction to pornography. These are just two examples of how the alleged criminal behavior is really a manifestation or symptom of something else.

Understanding the complexity of the issue, the criminal defense lawyers at the Barone Defense Firm often interview our clients with an ear toward thinking of what additional services might benefit them. If we believe that therapy will help them improve their lives, we will often make referrals to various mental health individuals or group centers. In doing so we are seeking primarily to help fulfill the Firm’s mission, which is to help our client’s win back their lives.

If someone calls the police to report a rape case in Michigan, it will immediately be taken very seriously. Police have a duty to thoroughly investigate claims of rape, known as “Criminal Sexual Conduct,” under Michigan law. If you’re being accused of rape, an experienced Michigan rape attorney will be able to take some of the unknown out of the situation and advise as to what will happen next and the best steps to take to avoid a criminal sexual conduct charge being filed.

Police Will First Meet with the Accuser

After the initial call to the police, the case will be assigned to a detective with sex crimes investigative training and experience. The detective will ask the accuser to meet- usually at the accuser’s home or at the police department- to discuss the claim in person. The detective will want to obtain the “who, what, where, and when” of the claim. Who did it? Who else was there? What exactly happened? Where did it happen? When did it happen?

US News and World Report has once again included the Barone Defense Firm as among the region’s Best Law Firms for DUI/DWI Defense. The Firm has been so listed since 2010.

US News and World Report ranks lawyers based on a variety of criteria. While the award is granted by the publication, it is essentially based on peer review. For a law firm to be ranked by US News and World Report a lawyer in the subject firm must first be among those lawyers who have previously received a “Best Lawyers” award by US News and World Report. These lawyers have passed peer review, meaning that other lawyers in the region, or nationally if applicable, have indicated that the lawyer possesses sufficient subject matter expertise, is known to possess and execute a high level of responsiveness to the rigors and demands of the profession, including things such as decorum with the courts, timely filing of pleadings and papers, responding to clients and opposing counsel, and many other professional demands. Peers are also asked whether they would refer a matter to a firm and whether they consider a firm a worthy competitor. On this basis, the Barone Defense Firm has a tier one regional ranking for the area of DUI/DWI.

For more than 20 years the Barone Defense Firm has developed its pristine reputation for DUI/DWI defense and distinguished itself among its peers for excellence in this challenging area of criminal law. However, for the later portion of the past 20-year period the Barone Defense Firm has expanded its practice to include other areas of criminal defense at both the State and Federal level and has developed expertise in such disparate areas as firearms law, criminal sexual conduct including the possession manufacture and distribution of child pornography (at the Federal level) and CSAM (child sexually abuse material) and other CSC cases at the state level, and many areas of white collar criminal including health care fraud, prescription fraud, complex financial crimes and RICO.

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