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Criminal Sexual Conduct and Aggravated Indecent Exposure Charges Dismissed
The allegations against our client were disturbing. It was alleged that our client exposed his genitals and touched a young girl in a sexual manner. Making matters worse, the young girl was our client’s daughter. After finding out about the allegations and charges against the client, the family didn’t know where to turn. After receiving a consultation and learning about the process with Associate Attorney, Ryan Ballard, the family decided to hire Partner and Senior Trial Attorney, Michael Boyle, to help them navigate the process and minimize the consequences.
The case took place in West Michigan and the charges filed were Criminal Sexual Conduct 4th Degree and Aggravated Indecent Exposure. Criminal Sexual Conduct 4th Degree is a high-court misdemeanor. The potential consequences our client was facing on this charge included a sex crime on his criminal record, up to two years in prison, and required sex-offender registration under SORA (What is the Punishment for Michigan Criminal Sexual Conduct?). Aggravated Indecent Exposure is also a high-court misdemeanor carrying up to two years in prison.
All in all, our client was facing massive consequences, especially considering that he was elderly and facing significant health issues including dementia.
The case began, as most criminal sexual conduct cases do, with a complaint made by the alleged victim. This was especially difficult considering the family dynamic. By the time the family contacted the Barone Defense Firm for help, our client had already made a statement to the police, taken a polygraph examination conducted by law enforcement, and been charged. For guidance on whether it’s best to be involved with police polygraph examinations, see our blog “How are Sex Crime Cases Investigated in Michigan?”.
Mr. Boyle wasted no time and immediately met with the family. Since one must “knowingly” expose his or her genitals to be convicted of Aggravated Indecent Exposure, Mr. Boyle began collecting medical records showing his clients health conditions and dementia onset. Mr. Boyle also recommended that the client undergo an independent polygraph examination. Through Mr. Boyle’s experience and connections in sex crimes defense, a referral was made to a former Michigan State Police polygraph examiner to do the clients examination. The polygraph exam showed that client did not show any signs of deceptions in the answers given to the examiner. Mr. Boyle also gathered information from the client’s family that showed they had no concerns that the client had predatory actions and that there was no sexual intent in the alleged incident.
After thorough review of the evidence, extensive meetings with the client and family, collecting all polygraph reports, and collecting all medical records, Mr. Boyle presented his findings to the prosecutor in the case. Over time, Mr. Boyle was able to convince the prosecutor that criminal charges were not appropriate in this case. The prosecutor dismissed both Criminal Sexual Conduct and Aggravated Indecent Exposure charges.
This case shows that, even though the sex crimes defense attorneys at the Barone Defense Firm would prefer to intervene in Criminal Sexual Conduct charges before any statements are made to police, there is still hope of clearing one’s name even if statements were already made.