What Is Sexting?

Sexting involves sharing explicit or suggestive photos or videos by any electronic means. The most common example is a nude photograph being shared via text message.
There is no law prohibiting adults from sexting. Sexting between two consenting adults is legal. However, digital content that includes minors is illegal to create, transmit, and possess.

Is it Illegal for Minors to Sext?

Explicit or even suggestive pictures and videos of minors are considered child pornography. A person, especially an adult, possessing those pictures and videos can be charged under Michigan’s child pornography laws. In some cases, even teens with these images can be criminally charged.

It is common for teens to have cell phones that take high-quality pictures and videos. They are often pressured into taking semi-nude and explicit photos and sending them to friends and romantic partners. Those images are sometimes forwarded to other people without the consent of the person in those pictures. In that case, the original person loses control of who sees their nude photos, and they may even end up being posted online.

Sometimes, teens who consensually text one another explicit or suggestive images may fall under Michigan’s Romeo and Juliet law. This is designed to prevent two children from being charged criminally. However, if one person pressured the other or took advantage of the other in any way, the Romeo and Juliet law would not apply.

Are There Penalties for Illegally Spreading Explicit Material?

It is illegal to create, transmit, or possess sexually explicit material that includes a minor. It is also unlawful to spread explicit material without the knowledge of or against the wishes of the person in the images.

A person convicted of these sex crimes may face a felony, including years in prison and a fine of at least $10,000. You will also have to join the sex offender registry, possibly for life. This can affect where you live and work.

If you possess sexually explicit images of a minor, you may face up to four years in prison and a fine of up to $10,000. Sharing or distributing those images can lead to a seven-year prison sentence and a fine of up to $50,000. Creating sexually explicit content involving a minor can result in up to 20 years in prison and a fine of up to $100,000.

What Is Sextortion?

Blackmailing someone with explicit content is also illegal. This is called sextortion and sometimes revenge porn. This is often a form of cyberbullying where one party has nude or suggestive pictures or videos of someone else.

Suppose you threaten, coerce, or intimidate a person regarding the dissemination of sexually explicit material. In that case, you will face serious consequences, including up to a year in prison or a fine of up to $1,000. Penalties increase with the number of times the offense is committed.

A sextortion defense lawyer can help you avoid the worst penalties by finding evidence that supports your innocence. They can also negotiate with the prosecution to avoid time in prison.

Victims of cyberbullying and sextortion can find help by texting the Crisis Text Line or send START to 741741.

How Can a Defense Attorney Help Me?

Michigan’s sexting laws impose serious penalties in certain situations. If images were not taken consensually or depict minors, you may face years in prison and many other lifelong implications. Even teenagers taking part in what they feel is a natural sharing of images may face serious consequences.

A sexting defense lawyer can evaluate your specific situation and get evidence to support your case. They can also negotiate with the prosecutor and school officials on your behalf. You shouldn’t handle the problem on your own.

What Should I Do If I Find Sexually Explicit Images on My Child’s Phone?

If you find images that could be considered child pornography on your child’s phone or computer, you should immediately contact a sexting defense lawyer. Your child may be facing charges for possession of the images, or they may be the subject of the images. In either case, you need to talk to someone who understands how to handle the situation carefully.

Call the Drias Law Group for Help

While not all sharing of explicit images is illegal, some of it is. Illegal sexting can ruin your life. You need to work closely with an attorney who can stand by you and protect your rights throughout the criminal legal process.

Call attorney Martin Drias at (313) 944-0236 or reach out online to schedule a consultation to discuss how we can help you immediately.

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The boy was initially represented by a court-appointed attorney who told him that the prosecution would not budge. However, wanting to prevent the client from having to register as a Tier II sex offender, attorney Martin Drias entered into negotiations with the prosecutor. As a result, the boy received HYTA (Holmes Youth Trainee Act). As a result, the charge will not appear on the client’s record, he will not have to register as a sex offender, and the charge will be dismissed after he completes probation. In addition, no jail time was served.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

The post 17-Year-Old Receives HYTA in Sex Crimes Case appeared first on Drias Law Group, PLLC.

During the pre-file phase, and before any charges were filed, Detroit sex crimes attorney Martin Drias got involved with the case. Attorney Davis reached out to the detective handling the situation and made some arrangements on the client’s behalf. As such, he was able to prevent any charges being filed. In addition, he was able to get the fingerprints destroyed, and the other information sealed. As a result, the investigation was closed.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

The post Criminal Sexual Conduct Case Closed appeared first on Drias Law Group, PLLC.

The first thing you should do is contact an experienced sex crimes defense attorney. You may be asked to speak to law enforcement. Don’t give up your rights—speak to a defense attorney first. Call Drias Law Group at (313) 944-0236 or use our online contact form.

Child Molestation Investigations

When children make accusations involving a sex crimes, after a report to law enforcement is made, the children should be interviewed by a child advocate. There are strict protocols and procedures which must be followed during this type of interview to prevent the interviewer from asking leading questions of the child that could suggest what answers are expected by the interviewer.

If you are accused of molestation, you have a right to confront the accuser at trial. This means that your defense attorney may ask questions of the victim in court that may cast reasonable doubt on the facts of the case. The state will present its case first, and then the defense may cross-examine the state’s witness and present evidence.

No Contact Orders

If you have been accused of child molestation, a court will most likely issue a court order that states you are not to have contact with the alleged victim. Violation of a no contact order is taken very seriously, and if you violate the order, your bond could be revoked, and you could be required to remain in jail until your trial date. You could also be accused of witness tampering if you discuss the case with an accuser.

False Accusations

Unfortunately, it is not uncommon for parents or relatives to accuse a parent of child abuse when there is an ongoing custody dispute. Even if you are innocent of all charges and were falsely accused, you should talk to an attorney before speaking to anyone else about the allegations, including law enforcement officers.

You are not required to go to talk to the police if you are under arrest—speak to a lawyer before complying with any requests. In many cases, police only want to speak with you to obtain evidence to use against you. Officers are trained in techniques to elicit confessions. Sometimes these techniques work so well that innocent individuals confess to crimes they did not commit.

Sex Offender Registration

If you are convicted of child molestation, you will be required to register as a sex offender. The length of time you will be required to register depends on the seriousness level of your offense and the recommendations of an expert after an assessment is conducted. You will not be required to register prior to a conviction being entered. If you are convicted of a particularly serious offense, you could be required to register as a sex offender for life.

If you are required to register as a sex offender, you must notify the local law enforcement agency whenever you move or whenever your contact information changes. You may be required not to live within a certain distance from a school, daycare, or church. Failure to register is a criminal offense. You could be sentenced to serve time for not notifying law enforcement of your current address, even if you have completed your term of probation or parole, unless a court orders that you are no longer obligated to register.

Registration as a sex offender can adversely affect your employment prospects, your housing situation, your reputation within the community, and your immigration status if you were not born in the United States. The registry may be checked by any individual at any time because the information is shared with the public.

Talk to a Michigan, Detroit Defense Attorney

If you have been accused of a sex crime, you are likely feeling worried and scared about what could happen next. At Drias Law Group, we will pursue your defense aggressively and work to obtain the best possible results for you under the circumstances. We will work to prove your innocence to protect your reputation and the harsh consequences a conviction for child molestation can have on your future. We offer a free consultation so that you can make sure that we are the right lawyers for you. Call our office at (313) 944-0236 to schedule an appointment.

The post What You Should Do If You’re Accused of Child Molestation in Detroit appeared first on Drias Law Group, PLLC.

If you have questions about a Detroit sex crimes conviction, contact Drias Law Group at (313) 944-0236 or use our online contact form for a consultation.

How Long Do Sex Offenders Need to Register in Michigan?

As of late 2017, there were almost 44,000 registered sex offenders in Michigan, 11,000 of which were still behind bars. Upon their release from prison, sex offenders must registering their address, place of employment, photo, vehicles, and social security number with their local authorities. The length and requirements of the sex offender registry depend on which tier you fall into.

If you’re a Tier 1 offender you must register once per year for 15 years following your conviction or release from prison. You will be categorized as such after committing any of the following offenses:

• Aggravated indecent exposure towards a minor
• Unlawful imprisonment of a minor
• Criminal sexual conduct in the fourth degree
• Criminal sexual assault of an adult
• Stalking of a minor

If you fall under Tier 2, you must register twice per year with the authorities for a 25 year period. A Tier 2 classification follows a conviction for any of the offenses below:

• A second conviction for a Tier 1 offense
• Accosting or soliciting a minor
• Creating or distributing of child pornography
• Using a computer in the commission of a sexual felony
• Sodomy of a minor (with exceptions)
• Gross indecency
• Criminal sexual conduct of the second or fourth degree
• Pandering
• Criminal sexual assault of a minor older than 13

A Tier 3 classification requires you to register four times per year for the rest of your life, and results from any of the following convictions:

• Any sexual offense committed while registered as a Tier 2 offender
• Gross indecency with a minor under 13
• Parental kidnapping
• Kidnapping of a minor
• Criminal sexual conduct of the first or third degrees
• Aggravated criminal sexual assault (with exceptions)
• Criminal sexual conduct of the second degree or criminal sexual assault against a minor under the age of 13
• Criminal sexual conduct of the fourth degree against a minor under the age of 13 (and you are over 17)

What Are the Penalties for Failing to Comply With the Sex Offender Requirements?

The Michigan Sex Offender Registry Act (SORA) provides the following penalties for your failure to comply with the conditions of the sexual offender registry:

• Failure to register–Up to four years in prison and a $2,000 fine
• Failure to comply with verification obligations–Up to two years in prison and a $2,000 in fines
• Failure to update your address–Up to four years in prison and $2,000 in fines for a first offense
• Failure to sign registration form–Punishable by up to 93 days in jail and $1,000 in fines
• Failure to pay the registration fee–Up to 90 days in jail

The registration requirements can be complex, and as these penalties demonstrate, a failure to comply carries serious consequences. If you get charged with violating the registration requirements, you may also lose your chance at parole or probation. When you get convicted of a sex crime, it is imperative that you understand exactly your sex offender requirements and that you strictly adhere to them.

Collateral Consequences Extend Far Beyond Registration as a Sex Offender

As a convicted sex offender, you can expect many of the same difficulties as other types of criminal offenders in obtaining employment. According to the Michigan State Appellate Defender Office, two thirds of employers will not hire someone with a criminal background. Those employers that do hire ex-offenders may be willing to look beyond a conviction for assault or driving under the influence. But sex offenses carry so much stigma that you may find it impossible to find employment after your conviction.

In addition to employment, sex offenders may face issues in finding suitable housing. Although private landlords are not allowed to evict a lawful tenant only because of their criminal record, they can evict if the tenancy was in someway connected with the criminal activity. For example, if the production of child pornography or a sexual assault occurred in your apartment, the landlord may evict you. Furthermore, private landlords are free to deny housing to a prospective tenant because of their criminal history. If that criminal history involves sex offenses, a denial is all the more likely.

Your sexual offense conviction will generally bar you from receiving public housing assistance. This means that you and your whole family could be evicted or lose housing subsidies because of your sex crime conviction. If you are considering to apply for public housing, Michigan law bans Tier 3 offenders from receiving housing assistance. If you are in Tier 1 or Tier 2, however, it may still be possible to apply for housing benefits.

Any conviction for a sexual offense–no matter the level of seriousness–may have devastating consequences for noncitizens. The Immigration and Naturalization Act INA precludes noncitizens from receiving permanent residence status and some visas if they’ve been convicted for “acts of moral turpitude.” In practice, the definition of moral turpitude has proven to be wide, and encompasses just about every offense that is sexual in nature.

Fight Your Sex Crimes Charges with A Detroit Criminal Defense Lawyer

Once you are convicted of a sex crime, there is little you can do to avoid these collateral consequences. This is why it so important for you to fight your conviction while you still can. If you’ve been charged with a sex crime, you should take every step possible to gain an acquittal or case dismissal. At the Drias Law Group, we have a proven track record of obtaining positive case outcomes for our clients when the stakes are high. To learn more about how you can defeat your sex crimes charges, call us today at (313) 944-0236 or use our online contact form for a free and confidential consultation.

The post Collateral Consequences of a Detroit Sex Crimes Conviction appeared first on Drias Law Group, PLLC.

If you are wondering whether you can petition to be removed from Michigan’s sex offender registry, you may want to talk to a lawyer. The sex crimes lawyers at Drias Law Group are capable of deciphering the difficult sex offense laws and explaining whether or not you qualify for removal from the registry. Call (313) 944-0236 today or use our online contact form to schedule your free consultation today.

Different Tiers for Different Offenses

Michigan divides sex offenders into three different levels, or tiers. Tier I crimes are considered lesser offenses, while Tier III crimes are considered the most serious.

If you have been convicted of a sex crime, you need to register your address with the state police. You will remain on the registry for a certain period of time and will have to make in-person appearances with the police to verify your information. The amount of time you spend on the registry as well as the number of appearances you make will depend on the tier offense with which your conviction aligns.

What Cases Can Be Removed from the Sex Offender Registry?

Certain convicted offenders are permitted to request removal from Michigan’s SORA. These applicants include:

• Persons who were convicted of consensual crimes, also known as “Romeo and Juliet” crimes. These are typically cases where the victim was romantically involved with the offender but the victim was a minor. In Michigan, if you are under the age of 16, the court considers you incapable of being able to give consent, even if you are in a relationship, and even if the offender was a minor as well.
  You may qualify for removal from SORA if the victim gave consent, was over 13 years old at the time, and there was no more than a four-year age difference between you and the victim.
• If you are a Tier I offender, and it has been 10 or more years since your conviction, you can apply. You will likely need to supply documentation that can help confirm you are not considered a threat to society.
• Offenders who were adjudicated as juveniles when they were under the age of 14 and did not commit a Tier III offense.
• Offenders whose convictions are no longer considered to be sexual offenses in the state of Michigan

Certain Tier III offenders may be eligible, if they were a juvenile when they committed the crime and were convicted. They may apply if it has been at least 25 years since their conviction.

Applying Is Just the First Step

It’s important to remember that just being eligible to apply does not automatically grant you removal from SORA. Once your application is received, the court will review a number of factors to determine if you are still considered to be a threat to the public. These factors will include:

• Your age and maturity level when you committed the offense
• The maturity level of the victim at the time the offense was committed
• The nature and severity of the offense committed
• The victim’s impact statement, if provided
• The possibility that you may commit other offenses in the future
• Any other relevant factors

Talk to a Michigan Sex Offender Lawyer

Under SORA, Michigan makes it difficult for people to escape the stigma of their past sexual offenses. But it’s not impossible, and with the right legal team, you may be able to shed the problems of your conviction and get a fresh start. The sex crimes lawyers at Drias Law Group want to help you make that happen. To schedule an initial no-cost consultation, call (313) 944-0236 today or contact us online.

The post Can I Be Removed from the Michigan Sex Offender Registry? appeared first on Drias Law Group, PLLC.

Being accused of a sex crime can hurt every aspect of your life. A Detroit sex crimes lawyer will be able to tell you what your options are. Our team at Drias Law Group can answer any questions you have about sexual offenses, and one of our dedicated attorneys can work with you to determine what your best option is. Call us right away at (313) 944-0236 for a free initial consultation.

Holley’s Internet Activity Exposed in Sting

Holley was accused of looking for children to have sex with on the Internet. While doing so, he began talking to an undercover detective pretending to be a child. Holley was then arrested when he showed to a meeting expecting to see the child he’d been talking to. Holley had been a full-time teacher for Ann Arbor Public Schools since 1989. Most recently, he taught science at Pioneer High School, where he was also the head baseball coach.

Plea Bargain Results in Less Prison Time For Child Sex Conviction

Holley’s sentence of two years in prison is significantly below the maximum penalty he could have faced. This was the result of the plea bargain Holley and his attorney reached with the opposing side. In exchange for Holley pleading guilty, the prosecution recommended a lighter sentence to the judge. Per the agreement, if the judge sentenced Holley to a prison term longer than the minimum allowed by law, Holley could take back his guilty plea and take his case to trial.

Michigan Law Assigns Steep Penalties to Child Sex Offenses

Michigan law recognizes three forms of child sexually abusive activity:

• Creating child sexually abusive material by convincing a child to engage in some sort of sexual activity. This charge has a penalty of up to 20 years in prison and $100,000 in fines.
• Possession of child sexually abusive material, such as photos or videos. This can send you to jail for up to four years and cost you as much as $10,000.
• Distributing or promoting child sexually abusive material. This carries a maximum sentence of seven years in prison and $50,000 in fines.

If you could reasonably be expected to know that the material you’re viewing or sending features anyone under the age of 18, you may be liable for one of these offenses.

Talk to An Attorney at Drias Law Group If You’ve Been Charged With a Sex Crime

If you’re in the Michigan area, our team at Drias Law Group can answer any questions you may have about sexual offenses and their defenses. Sex crime attorney Martin Drias can analyze your unique case and decide what your best course of action is. Schedule your free consultation by calling (313) 944-0236, or reach out using our online form to see how we can help you today.

The post Former Ann Arbor Teacher Going to Prison for Involvement with Child Sex Sting appeared first on Drias Law Group, PLLC.

If you are facing a charge of prostitution or solicitation, you have legal options and the opportunity to create a strong defense. At Drias Law Group, we understand what needs to be done in order to fight against your charges effectively.

To schedule a free case evaluation, call a prostitution lawyer today at (313) 944-0236.

Misdemeanor and Felony Prostitution Offenses

Anyone in Michigan 16 years or older caught in the act of prostitution will likely face criminal charges. As a first-time offender, you will face a misdemeanor charge that carries a maximum 93 days in jail, a $500 fine, or both. A second offense is a misdemeanor that includes a maximum penalty of one year in jail, a $1000 fine, or both. Third offenses and beyond constitute a felony in Michigan and carry a maximum prison term of two years, a $2,000 fine, or both. If you are facing a prostitution charge, it is important to have an experienced prostitution lawyer on your side to fight for your rights.

Consequences of Hiring Prostitutes

A first-time offender for hiring prostitutes is a misdemeanor carrying a maximum penalty of 93 days in jail, a $500 fine, or both. Upon a second offense, you will face a misdemeanor charge that carries a maximum one year in jail, a $1000 fine, or both. A third offense and beyond is a felony charge in Michigan that will land you up to two years in prison, a $2000 fine, or both.

Penalties for Assisting Prostitution

If you are 16 years of age or older and you assist a prostitute or those hiring prostitutes, you can also be charged with a prostitution offense. The maximum penalties you face will be the same as the penalties faced by the prostitute or the person hiring the prostitute.

Forcing One’s Wife into Prostitution

It is considered a felony to put one’s wife into prostitution through the use of fraud, force, threat, or intimidation. This crime carries a maximum 20-year prison sentence.

Maintaining a House of Prostitution

The crime of maintaining a house of prostitution is a felony in Michigan. It carries a maximum five-year prison sentence and a maximum fine of $2,500.

Accepting the Earnings From Prostitution

If you knowingly accept the earnings of a female prostitute or receive a loan from her pimp, it is considered a felony in Michigan. If you are convicted, you will face a maximum 20 years in prison.

Transporting a Female for Prostitution

If you knowingly transport a female for prostitution or compel or entice her to engage in prostitution, you are guilty of a felony crime that carries a maximum 20-year prison sentence. Separate federal charges may apply for interstate transportation of persons for the purpose of prostitution.

Detaining a Female in a House of Prostitution

Forcing a female to remain in a prostitution house due to a debt she acquired while there is a felony crime in Michigan. Persons convicted of this crime will face a two to 20-year prison sentence.

Permitting a Person Under 16 to Reside or Work at a Prostitution House

Permitting a person 16 years of age or under to reside or work at a house of prostitution is a crime in Michigan. As a first-time offender, you will face a misdemeanor carrying a maximum of 93 days in jail, a $500 fine, or both. As a second time offender, you will face a misdemeanor charge carrying a maximum of one year in jail, a $1000 fine, or both. If this is your third or greater offense, you will face a felony charge, with penalties including a two-year maximum prison sentence, $2,000 fine, or both.

Contact an Experienced Michigan Prostitution Lawyer

If you’ve been charged with the crime of prostitution or one of the other more serious prostitution-related offenses, our team at Drias Law Group can help. Our experienced Michigan sex crime lawyers know how to defend your rights and your freedom. To set up a free consultation, contact us today at (313) 944-0236.

The post When Is Prostitution a Felony in Michigan? appeared first on Drias Law Group, PLLC.

If you have been charged with a crime of prostitution or solicitation, you need a strong advocate fighting on your behalf at this time. At Drias Law Group, our experienced prostitution lawyers are here to help you. To set up a free consultation, call us today at (313) 944-0236.

An Overview of the New Legislation

Sponsored by Sen. Judy Emmons, R-Sheridan and Rep. Gary Glenn, R-Midland, Senate Bill 275 and House Bill 4355 undo the old law, which previously prevented the prosecution of police officers involved in prostitution offenses while on duty. The bills are now registered as Public Acts 194 and 195.

The state of Hawaii removed a similar law in 2014. At that time, Michigan was the only state in the country to protect undercover on-duty law enforcement officers from facing prosecution for having sexual relations with a prostitute. With the recent wave of public sentiment to roll back human trafficking in the U.S. and stop the victimization of these sex slaves, public opinion pushed in favor of laws that remove any perception of a double standard for police officers. In a press release after signing the legislation into law, Governor Snyder stated, “These bills help ensure the ongoing integrity and accountability of our law enforcement system.”

One version of the bill attempted to prosecute law enforcement officers for any type of sexual contact. However, the bill in its final version only imposes criminal penalties for sexual penetration. An officer charged with this crime will need experienced legal representation from a prostitution lawyer just as any other individual would if charged with solicitation with a prostitute.

Contact an Experienced Michigan Prostitution Lawyer

If you are facing a prostitution or solicitation charge in Michigan, our legal team at Drias Law Group can help. Our sex crime lawyers can fight to reduce or eliminate the charges and consequences you are facing and help you receive your best outcome.

To arrange a free case evaluation with an experienced attorney, contact us today at (313) 944-0236.

The post Michigan No Longer Allows Sex Between Undercover Officers and Prostitutes appeared first on Drias Law Group, PLLC.

At Drias Law Group, we can provide you with the skilled representation you need to face a sex crime charge. We can negotiate on your behalf to help you receive a fair outcome.

Call a Detroit sex crime lawyer today at (313) 944-0236 to schedule a free and confidential consultation.

Investigate and Interview Your Accuser

Conceding to a sex crime plea agreement is a serious step to take. Therefore, it’s important to consider your other options first. Primarily, you and your attorney should determine the type of investigative work that needs to be done. In addition, your attorney may be able to interview the accuser. This may be possible during a preliminary hearing through a subpoena.

Use a Medical Expert to Refute Test Results and Other Findings

You should use a medical expert to refute evidence presented by the prosecution involving physical findings and test results. A medical expert may call into question the accuracy of test results that depend on the proper collection and handling of DNA evidence. If this process was improperly handled, your expert may be able to use this to aid in your defense.

If your expert can help refute the prosecution’s evidence, this could lead to a successful defense or a favorable plea agreement.

Evaluate Your Accuser’s Credibility

Refuting your accuser’s credibility may be necessary in order to defend yourself against wrongful accusations in court. Uncovering a potential motive as to why your accuser would lie or misconstrue the truth regarding alleged criminal acts may prove valuable in court.

Obtain Character Witness Letters from Family and Friends

You and your attorney should consider asking family and friends for character letters. These letters can vouch for your reputation and shed doubt on the allegations. This decision can potentially open the door for the prosecution to counteract other possible evidence that attacks your reputation.

Get a Psychological Evaluation

Getting a psychological evaluation could help you in court. If your evaluation doesn’t fit the profile of a sex offender, this can become valuable evidence for your case.

Have You Been Charged With a Sex Crime? Drias Law Group Can Help

If you need legal help against a sex crime charge, our team at Drias Law Group can help. We can help you navigate the legal process and help you produce a strong defense strategy.

Contact a Detroit sex crime lawyer to get started with your case today. Call us at (313) 944-0236 to schedule a free case evaluation.

The post 5 Things to Do Before Accepting a Sex Crime Plea appeared first on Drias Law Group, PLLC.