Disorderly Conduct and Urinating in Public Charges

Lansing Michigan Disorderly Conduct Defense Lawyer

East Lansing Urinating in Public Lawyer

 

Disorderly conduct is a misdemeanor offense punishable by up to 90 days in jail and fines up to $500 plus costs. The disorderly conduct statute is quite broad and covers a broad range of behavior that classifies someone as a disorderly person. Most municipalities have local ordinances similar to the state statute. They can be quite vague and can include anything from being loud and boisterous, public intoxication, arguing in public, noise ordinance violation, resisting the police, urinating in public.

The state statute (MCL 750.167) Disorderly Person cites a plethora of categories of behavior that makes someone guilty of being a disorderly person. It includes:

  • Refusing to support your family when you have the ability
  • Common prostitution
  • Window peeper
  • Running an illegal occupation or business
  • Indecent or obscene conduct in a public place
  • Vagrant
  • Begging in public
  • Loitering in a house of ill fame or prostitution or a place where prostitution or lewdness is practiced, encouraged, or allowed
  • Knowingly loitering in or about a place where an illegal occupation or business is taking place
  • Loitering in a police station, jail, court, or other public building for the purpose of soliciting legal services
  • Jostling or roughly crowding people unnecessarily in public

It does not include a mother breastfeeding a child.

Urinating in Public

Urinating in public is generally an offense that falls under disorderly conduct or being a disorderly person under both state statute and local ordinances. It is a crime that carries the possibility of jail, fines, and probation. If the police or prosecutor accuse you of doing it where adults or children may have seen you, they may try to increase the charge to something more serious such as indecent exposure, which could put you on the sex offender registry.

Our firm frequently represents people (mostly college students) at the 54-B district court in East Lansing on this charge. It is important to have an attorney represent you that is familiar with the policies of the prosecutor and judge you will be facing because they have certain criteria they look at when deciding how to resolve this cases and it’s important you have an attorney that knows how to negotiate with prosecutors to get the best possible outcome which is ideally keeping the matter off your record entirely.

Sex Offender Registration

You can be required to register as a sex offender under the sex offender registration act (SORA) if convicted of disorderly conduct. You will be required to register as a sex offender if you are convicted three times of disorderly conduct. That’s why it is important to have a lawyer on your side experienced in defending against disorderly conduct and indecent exposure charges to make sure you don’t have to comply with SORA.

Michigan Disorderly Conduct Defense Lawyer

If you have been charged with disorderly conduct, urinating in public, or indecent exposure contact Austin Legal Services, PLC today to speak to a Michigan disorderly conduct defense lawyer at (517) 614-1983!

Defending charges of disorderly conduct, indecent exposure, and urinating in public throughout Michigan in the counties of Ingham, Eaton, Clinton, Gratiot, Livingston, Jackson, Kent in the cities of Lansing, East Lansing, Mason, St. Johns, Ithaca, Howell, Brighton, Jackson, Grand Rapids.

Michigan Court of Appeals: Sex Offender Registry is Not Punishment

Sex Offender Registry

Michigan Sex Offender Registry Defense Attorney

 On October 21, 2014 the Michigan Court of Appeals held in People of the State of Michigan v Boban Temelkoski that the sex offender registry is not punishment. At least, for purposes of a constitutional challenge such as cruel and unusual punishment or ex post facto. The intellectual contortions the court went through to reach this absurd conclusion staggers the mind.

Facts of the Case

 In 1994, 18-year-old Mr. Temelkoski pled guilty to criminal sexual conduct in the second degree against a person under 13 years old. He was sentenced to three years probation as a youthful trainee under the Holmes Youthful Trainee Act (HYTA). HYTA is a special sentencing status given to defendants who commit certain crimes between the ages of 17 and 21. Upon successful completion of their sentence, no conviction of guilt will enter on their record. This legislation gives someone the opportunity to begin their adult life with a clean slate without being hampered by a criminal record which can later wreak havoc when colleges, employers, and landlords do background checks.

In spite of the defendant’s HYTA status, he was required to register as a Tier III sex offender under the Sex Offender Registry Act (SORA)– for life. After the SORA amendments of 2011 allowing for certain sex offenders to petition the court to discontinue registering as a sex offender, the defendant filed such a motion. Relying heavily on People v Dipiazza, the defendant argued that forcing someone with HYTA status to register as a sex offender violated the Michigan and United States Constitutional provisions against cruel and unusual punishment. The prosecutor objected stating that case law is clear that the sex offender registry is not punishment and that not only is Mr. Temelkoski’s case distinguishable from the facts of Dipiazza, but that it had a very limited ruling and should not apply. The trial court granted the defendant’s petition and ruled that SORA was punishment. The prosecutor appealed to the Court of Appeals. After it denied the prosecutor’s application to appeal, the Michigan Supreme Court remanded to the Court of Appeals for consideration.

The Dipiazza Case

 The Court of Appeals’ decision rested heavily on its analysis of the holding in People v Dipiazza and how it was distinguishable from the facts in the present case. Dipiazza involved a “consensual” sexual relationship between an 18-year-old defendant and a 14-year old (“nearly 15-year-old”) complaining witness. The parents of the complaining witness approved of the relationship and it was a teacher who reported the situation to the authorities. SORA was in its infancy at the time of his conviction and it wasn’t until 17 years later that the legislatures gave Mr. Dipiazza the opportunity to petition the court to be removed from the sex offender list. In Temelkoski, the Court of Appeals reasoned that the holding in the Dipiazza case was very limited to people in a similar factual situation as Mr. Dipiazza as well as the fact that the 2011 SORA amendments weren’t even in existence, distinguished the case enough that it was not binding precedent as it applied to Mr. Temelkoski.

How the Court Determines What is Punishment

 The court cited four factors it looks to in determining if a statute renders punishment: 1) legislative intent, 2) legislative design, 3) historical treatment of analogous cases, and 4) effects of the legislation. It further cited recent case law stating that whether a measure is criminal punishment or a civil remedy, the court looks at whether the statutory scheme is so punitive either in purpose or effect it negates the intent to be civil. This is where the court started down the path of what amounted to nothing less than intellectual gymnastics by offering the most absurd analytical reasoning in recent memory.

Court of Appeals Concludes that SORA is Not Punishment

 The court flew right past the first two prongs of the analysis citing that the legislative purpose and design was to make the community safer by alerting the public of potentially dangerous people in the neighborhood rather than punishing the offender. It skipped over the third prong entirely stating that judicial history is void of any such similar cases. Its already twisted and convoluted reasoning became even more contrived when deciding the effects of the SORA legislation. It rejected the defense’s argument that the effect of SORA was punitive because of its restricted nature (not being able to live, work, and loiter around schools, daycares, etc.) and the secondary chilling effect it has on obtaining housing and jobs. Not to mention public scorn. Instead, the court held that SORA was less restrictive than standard probation which includes more monitoring, regular checking in, and far more restrictions. The court somehow failed to realize that just like with probation, offenders under SORA have to register with the police department at regular intervals as well as give immediate updates in employment, change of address, change of school just like they have to with a probation officer. This is on top of the new annual $50 oversight fee which offenders must pay. Plus, the above mentioned restrictions on where offenders can live and work certainly is akin to similar restrictions under probation. Common sense flew right over the judge’s heads without them even feeling the breeze.

The court went on to turn logic on its end by holding that the effect of SORA was not so punitive that it amounted to criminal punishment, but rather it is a remedial measure designed for community welfare. The court somehow failed to note when analyzing the legislative intent, that to require someone to register as a sex offender is the complete opposite intent of the HYTA statute. The entire purpose of HYTA is so young adults who commit indiscretions have a second chance by not tarnishing their life with a criminal record just as their life is starting. If that can be overridden by SORA, then the entire intent of being given youthful trainee status is derided. What’s the point of HYTA giving you a clean record if SORA publically broadcasts the same information that HYTA keeps under wraps? Furthermore, the information that the SORA website provides is actually a lie since HYTA clearly states that “no conviction” or finding of guilt is entered against a defendant when given youthful trainee status. However, the SORA website will say that Defendant was convicted of X Offense on X date. Under the clear, precise, and unequivocal language of the HYTA statute, that is simply not true.

What the Ruling Means

The Court of Appeals has shielded the sex offender registry from constitutional challenges such as cruel and unusual punishment (after all if it’s not punishment, it can’t be cruel and unusual) and ex post facto. Normally the judicial system cannot enact retroactive punishment. For example, if you committed an offense in 2002 that wasn’t against the law but is now, you can’t be prosecuted for the offense because at the time you committed the act it was legal.  That’s what ex post facto means. The Sex Offender Registry isn’t like that. It changes constantly and offenders are forced to change with it because it ” isn’t punishment.” For example, thanks to recent amendments and changes, some people who were told when they took a plea or were convicted after a trial, they would be on the private sex offender list and now find themselves on the public list. Another  example: offenders who were told they would have to register for 25 years are not being told they have to register for the rest of their life. Recent amendments include an annual $50 fee that must be paid. In my opinion, that amounts to nothing less than defendants being re-sentenced without due process of law. Furthermore (and this is the most egregious of all) if you were convicted of a sex offense prior to the creation of the sex offender list (e.g. 1980s) and you are convicted of ANY new felony (failure to pay child support, felony OWI) you can now be forced to register as a sex offender for a crime you committed and paid your debt for over 20 years ago! The system can do this because since SORA isn’t punishment then it doesn’t violate the ex post facto clause of the constitution. How ridiculous and unfair is that?

I find it astonishing that any restriction of liberty (like SORA imposes) can be construed as anything other than punishment. Whether you support the sex offender registry or not, if you are being intellectually honest I think you would have to admit the SORA restrictions are punishment. Somehow the Court of Appeals concluded otherwise.

 

Defending sex crimes, SORA violations, and petitions to discontinue registering as a sex offender throughout Michigan in the counties of Ingham, Eaton, Clinton, Livingston, Shiawassee, Jackson, Kent, Gratiot, Washtenaw, Barry in the cities of Lansing, East Lansing, Mason, Charlotte, St. Johns, Ithaca, Howell, Durand, Jackson, Ann Arbor, Hastings, Grand Rapids.

 

 

Indecent Exposure

Indecent Exposure

Lansing Michigan Indecent Exposure Defense Lawyer

Indecent exposure is a crime under Michigan law. It ranges from exposing oneself (i.e. flashing) to someone touching their private areas in public. A person is guilty of indecent exposure by knowingly making any open or indecent exposure of his or her person to another person. It is a misdemeanor punishable by up to one year in jail and/or $1,000 in fines. If the indecent exposure includes any fondling of the genitals, pubic area, buttocks, or breasts (if female), it is a felony punishable by up to two years in prison and/or $2,000 in fines. If the defendant was a sexually delinquent person at the time of the offense, the punishment can be anywhere from one day in jail to life in prison.

Disorderly Conduct

If it is your first offense, a skilled and experienced criminal defense attorney may be able to negotiate a deal with the prosecutor to lower the charge. A common plea option would be disorderly conduct. This is the lowest level misdemeanor that exists. It is punishable by up to 90 days in jail but it is rare that anyone goes to jail on a 90-day misdemeanor. Disorderly conduct is a catch-all for several offenses. It includes:

  • Refusing or neglecting to support your family
  • Common prostitution
  • Window peeping
  • Public intoxication
  • Indecent or obscene public conduct
  • Vagrancy, public begging, loitering in a public place of illegal business including prostitution or house of ill fame
  • Jostling or roughly crowding people unnecessarily in public

Sex Offender Registry (SORA)

If convicted two times of indecent exposure involving fondling, you will have to register as a Tier I sex offender. If convicted three times of disorderly conduct or indecent exposure (or a similar local ordinance), you will have to register as a Tier I sex offender.

Urinating in Public

This is just what it sounds like. Urinating in public charges are local ordinances usually punishable by up to 90 days in jail and a few hundred dollars in fines. A lot of jurisdictions are willing to plead them down (especially for first offenses) to civil infractions such as littering, trespassing, or something similar. Some municipalities will do a deferred sentence for six months or so and at the end of that time period, provided you haven’t gotten charged with any more crimes and have paid your fines, the charge will be reduced to a civil infraction or dismissed. Each city, town, and municipality is different so it is important to have an attorney representing you who is familiar with the city prosecutor and judge you will be facing for the charge. Contrary to popular myth, you are not placed on the sex offender registry for simply urinating in public. There would have to be some other aggravating factors such as children or other people present which could elevate it to a charge a indecent exposure or something similar.

Michigan Criminal Defense Lawyer

If you have been charged with indecent exposure, disorderly conduct, or urinating in public, contact Austin Legal Services, PLC today to speak to a Michigan criminal defense attorney at (517) 614-1983. We can help mitigate the harm and help you avoid a criminal conviction or the sex offender registry.

Defending indecent exposure, disorderly conduct, and urinating in public charges throughout Michigan in the counties of Ingham, Eaton, Clinton, Livingston, Jackson counties in the cities of Lansing, East Lansing, St. Johns, Jackson, Brighton, Howell, Jackson.

 

Michigan SORA Registration Requirements

SORA 2

Michigan’s Sex Offender Registry Act (SORA) Requirements

 

If you have been convicted of a listed sex offender under MCL 28.721, on or after October 1, 1995 you must comply with a number of requirements under the Sex Offender Registry Act (SORA). If you were convicted prior to that date but still incarcerated, on probation, or on parole when the law went into effect, you have to comply. The severity of the convicted offense will determine what tier offender you are which dictates what requirements you are obligated to perform and for what length of time. Most SORA requirements are universal and I will discuss them in detail.

 

Verify Your Residence to Your Local Policy Agency

 

Tier I– Must verify your residence once a year between January 1-15. You must do this for 15 years.

 

Tier II– Must verify your residence twice a year: January 1-15 and July 1-15. You must do this for 25 years.

 

Tier III– Must verify your residence four times a year: January 1-15, April 1-15, July 1-15, and October 1-15. You must do this for Life.

 

You Must Report the Following Changes Within Three (3) Business Days

 

  • Change in residence or domicile
  • Temporary lodging information more than seven (7) days (other than permanent residence)
  • Change in employment, including discontinuation
  • Vehicle information– owned and operated by the offender, including discontinuation
  • Legal name changes
  • Email addresses and screen names
  • Enrollment or discontinuation in an institute of higher learning

 

You Must Report the Following Information During Your Scheduled Verification Reporting

 

  • Any new telephone numbers or discontinuation of previous telephone numbers
  • Copies of passport or immigration documentation
  • Occupational licensing information

 

Other Requirements

 

  • Annual registration fee of $50 (can be waived if you are indigent)
  • Must maintain a valid Michigan driver’s license or identification card
  • Sign all required registration forms
  • Must not reside, work, or loiter within 1,000 feet of a school (if you lived or worked within 1,000 feet of a school before the school safety zone was enacted on January 1, 2006 you can be grandfathered in and not forced to quit your job or relocate)

 

Penalties for Noncompliance

 

Failure to Register– punishable by up to four years in prison and $2,000 in fines

 

Failure to Comply with Verification Duties– punishable by up to two years in prison and $2,000 in fines

 

Failure to Sign Registration Form– punishable by up to 93 days in jail and $1,000 in fines

 

Failure to Pay a Fee– punishable by up to 90 days in jail

 

Failure to Change or Update Your Address

 

First Offense– punishable by up to four years in prison and $2,000 in fines

Second Offense– punishable by up to seven years in prison and $5,000 in fines

Third Offense– punishable by up to 10 years in prison and $10,000 in fines

 

Failure to Abide by School Safety Zone

 

First Offense– punishable by up to one year in jail and $1,000 in fines

 

Second and all subsequent Offenses– punishable by up to two years in prison and $2,000 in fines

 

Confidentiality Provision

 

Anyone who divulges, uses, or publishes registration information about an offender is guilty of a misdemeanor punishable by up to 90 days in jail and $500 in fines. The sex offender also has a cause of action for civil damages against the responsible party.

 

If I’m Homeless do I Have to Verify my Address?

 

Yes. The Michigan Supreme Court held in People v Dowdy, that homeless sex offenders need to register as 123 Homeless in the city in which they perpetually stay or are perpetually homeless. This judicial interpretation was later incorporated into SORA amendments in 2011. They have to report this temporary lodging every seven (7) days until they secure a permanent residence.

 

If I was Given Holmes Youthful Trainee Act (HYTA) status, do I Have to Register?

 

No. For purposes of SORA, a deferred sentence under HYTA is not a conviction. The Michigan Supreme Court held that forcing offenders to register under SORA for convictions that do not appear on their public record is cruel and unusual punishment.

 

Being on the Sex Offender Registry comes with a great deal of responsibility and life altering consequences that for some last a lifetime. If you or someone you know has been charged with a sex crime or charged with a SORA violation, contact a Michigan Sex Offense Registry Act attorney or sex crimes lawyer at Austin Legal Services, PLC. Call (517) 614-1983 today!

 

Defending Sex Crimes and SORA violations throughout the state of Michigan and in the counties of: Ingham, Eaton, Jackson, Clinton, Barry, Shiawassee, Kent, Washtenaw and in the cities of: Lansing, East Lansing, Mason, Charlotte, Jackson, St. Johns, Ann Arbor, Corunna, Howell, Brighton, Jackson, and Grand Rapids. 

Michigan Sex Offender Registry (SORA)

SORA

 This is an act requiring defendants convicted of certain sex crimes to register on the list of sex offenders known as SORA. Depending on what type of offense you were convicted of will determine whether you register on a public or non-public list, the duration of how long you have to be on the list, and how many times per year you have to verify your residence. Some sex offenses do not require registration.

 Public vs Non-public List

Some offenders are only required to register on a non-public list, meaning only law enforcement officials have access to the information. Most offenders have to register on a public list (PSOR), meaning the information you have to provide (name, aliases, address, convicted offense, employment, duration of registration) is available to anyone who searches for sex offenders in a particular geographic location or for your name.

The Tier System

Under the new SORA laws, the Michigan legislature demonstrated some wisdom in establishing a classification for sex offenses and sex offenders instead of lumping everyone and every offense under the same umbrella. The result was the creation of a three-tiered system, ranging from least to worst on the severity of the offense. The type of tier offense you were convicted of dictates the length of registration and its requirements as well as the procedures and eligibility for petitioning for removal.

Tier I

If you are convicted of any of the following offenses, you will be classified as a Tier I Sex Offender:

  • Knowingly possessing sexually abusive material involving children (public)
  • Indecent exposure with fondling of self and if the victim is a minor (public)
  • Unlawful imprisonment or restraint of a minor (public)
  • Criminal Sexual Conduct (CSC) 4th Degree of a minor
  • Assault with Intent to Attempt Sexual Assault of a minor
  • Surveillance, dissemination, or transmission of any recording, photograph, or visual image of a minor that has a reasonable expectation of privacy (public)
  • Assault with Intent to Commit CSC in the Second Degree, if the victim is more than 17 years of age
  • Capturing/Distributing Image of Unclothed Person, if the victim is less than 18 years of age (public)
  • Any violation of state law or local ordinance that by its nature constitutes a sexual offense against an individual who is less than 18 years of age.
  • Any offense committed by a person who was, at the time of the offense, a sexually delinquent person.
  • Any offense substantially similar to a listed offense under federal law, any state, or any country or under tribal or military law.

This list is both public and non-public depending on the offense. All Tier I offenses were initially non-public when the tier system was created in 2011. However, amendments to SORA in early 2013 allowed for some Tier I offenses to be placed back on the public list.

 

Registration is required for 15 years with eligibility to petition for removal after 10 years

Residency must be verified once a year between January 1-15t

Tier II

If you are convicted of any of the following offenses, you will be classified as a Tier II Sex Offender:

  • Accosting, enticing, or soliciting a child less than 16 years old with the intent to induce or force that child to commit an immoral act
  • Persuading, inducing, enticing, coercing, causing, or knowingly allowing a child to engage in sexually abusive activity for the purpose of producing sexually abusive material involving children
  • Distributing, promoting, or financing the distribution or promotion of, or receiving any sexually abusive material involving children for the purposes of distributing or promoting such material
  • Using the internet to solicit or commit an immoral act, except for violations under MCL 750.157c (coercing a minor to commit a felony)
  • Sodomy against a minor, unless either of the following exist: 1) victim was between the ages of 13-16, victim consented, and victim was no more than a four-year age difference  between victim and offender, or 2) victim was at least 17 years old, victim consented, and victim was not under the custodial authority of the offender
  • Gross Indecency, where the victim is between the ages of 13-18 unless either of the following exist: 1) victim was between the ages of 13-16, victim consented, and victim was no more than a four-year age difference  between victim and offender, or 2) victim was at least 17 years old, victim consented, and victim was not under the custodial authority of the offender
  • Soliciting to commit prostitution with a minor
  • Pandering (enticing a female to become a prostitute)
  • CSC 2nd Degree, if the victim is at least 18 years old
  • CSC 4th Degree is the victim is between the ages of 13-18
  • Assault with the intent to commit or touch a victim between the ages of 13-18
  • Convicted of a Tier I offense after previously being convicted of a Tier I offense

This list is a public list

Registration is required for 25 years

Residency must be verified twice a year: January 1-15 and July 1-15t

Tier III

If you are convicted of any of the following offenses, you will be classified as a Tier III Sex Offender:

  • Gross indecency between either males or females where complaining witness is less than 13 years old
  • Gross Indecency between both males and females where complaining witness is less than 13 years old
  • Kidnapping against a minor
  • CSC 1st Degree (Does not apply where the complaining witness consented, the complaining witness is between 13-16 years old, and there is less than a four year age difference between the complaining witness and offender)
  • CSC 2nd Degree where the complaining witness is less than 13 years old
  • CSC 3rd Degree (Does not apply where the complaining witness consented, the complaining witness is between 13-16 years old, and there is less than a four year age difference between the complaining witness and offender)
  • CSC 4th Degree where the offender is older than 17 and the complaining witness is less than 13 years old
  • Assault with Intent to Commit Penetration (Does not apply where the complaining witness consented, the complaining witness is between 13-16 years old, and there is less than a four year age difference between the complaining witness and offender)
  • Assault with Intent to Commit a Touch (sexual assault) where the complaining witness is less than 13 years old

This is a public list

Registration is required for LIFE

Residency must be verified four times a year: January 1-15, April 1-15, July 1-15, and October 1-15

Do Convictions for all Sex Crimes Require SORA Registration

This is a frequently asked question and thankfully the answer is “No.” There are some offenses that you can be convicted of that do not put you on the list. These few options can be used as plea bargains, normally reserved for weak cases or where the victim is very reluctant or un-cooperative. An experienced Michigan sex crimes attorney knows which offenses these are and can use weak spots in the case as leverage during plea negotiations to help keep a defendant from registering.

Can I Petition for Removal from SORA?

Maybe. Depending on what you were convicted of, when, and under what circumstances will dictate if and when you can petition to discontinue registering under SORA. For a more detailed discussion on this issue click here. 

 

Being charged with any kind of sex crime can have long lasting impacts on your life and future. Not only will you be convicted of a felony and face serious prison time, but you may have to register as a sex offender under SORA possibly for the rest of your life. This affects your career prospects, where you live, where you work, and your community reputation. Many become frustrated as the system seemingly has installed a permanent roadblock preventing rehabilitation.

If you or someone you know has been charged with a sex crime, you need an experienced criminal defense lawyer with experience in sex crimes defense. We can help you fight your case and keep you off the list. Call Austin Legal Services, PLC to speak to a sex crimes attorney today at (517) 614-1983.

Defending sex crimes throughout Michigan and in the counties of: Ingham, Eaton, Clinton, Barry, Jackson, Shiawassee, Washtenaw and in the cities of: Lansing, Mason, St. Johns, Bath, Charlotte, Jackson, Ann Arbor 

Michigan’s Romeo & Juliet Law

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Lansing Michigan Sex Crimes and Sex Offender Registry Lawyer

 

ROMEO AND JULIET LAWS
In 2004, the Michigan Legislature passed and later amended in 2011 MCL 28.728c, known as the “Romeo and Juliet Law” which gives certain sex offenders the opportunity to petition the court to no longer be required to register under the Sex Offender Registration Act. (SORA). This law gave hope to some destined to be forever publicly labeled as a sex offender for many years or in some cases, the rest of their lives. This is a discussion on who meets the criteria to petition the court to discontinue registering and how the process works. You either have to register as a Tier I, II, or III Offender. They each have different circumstances they can petition.

A. WHO IS ELIGIBLE
TIER I OFFENDERS
You must meet all of the following:

  • At least 10 or more years have passed since the date of your conviction or from your release from jail or prison, whichever occurred last
  • You have not been convicted of any felonies or a listed offense since the date of conviction
  • You have successfully completed any assigned periods of supervised release, probation, or parole without revocation
  • You have successfully completed a sex offender treatment program certified by the United States Attorney General or any other appropriate treatment program. Note: the Court may waive this requirement if such a program was not a condition of your release from confinement, probation, or parole

 

TIER III OFFENDERS
You must meet all of the following:

  • You were required to register based on an order of disposition under the probate code
  • At least 25 years have passed since the date of adjudication for the listed offense or since your release from jail or prison, whichever occurred last
  • You have not been convicted of any felonies or a listed offense since the date of conviction
  • You have successfully completed a sex offender treatment program certified by the United States Attorney General or any other appropriate treatment program. Note: the Court may waive this requirement if such a program was not a condition of your release from confinement, probation, or parole

 

TIER I, II, OR III OFFENDERS
If the act was consensual and if you fall into any of these categories:
a. All of the following apply:

  • The victim was between the ages of 13 and 16 at the time of the offense
  • The petitioner is no more than four years older than the victim

b. All of the following apply:

  • The victim was between the ages of 13 and 16 at the time of the offense
  • The act was consenual
  • The petitioner is no more than four years older than the victim
  • Petitioner was convicted of violating MCL 750.158 (Crime Against Nature or Sodomy), MCL 750.338 (Gross Indecency Between Males), MCL 750.338a (Gross Indecency Between Females), or MCL 750.338b (Gross Indecency Between Males and Females)

c. All of the following apply:

  • The victim was 16 years of age or older at the time of the offense
  • The victim was not under custodial authority of the petitioner at the time of the offense
  • Petitioner was convicted of violating MCL 750.158 (Crime Against Nature or Sodomy), MCL 750.338 (Gross Indecency Between Males), MCL 750.338a (Gross Indecency Between Females), MCL 750.338b (Gross Indecency Between Males and Females), or MCL 750.520c (Criminal Sexual Conduct in the 2 degree)

d. Both apply:

  • Petitioner was adjudicated as a juvenile
  • Petitioner was less than 14 years old at the time of the offense

 

B. HOW THE PROCESS WORKS

Now that you have determined that you are eligible to petition the Court, what are the next steps you take? Here it is in a nutshell.

1. Draft and File the Petition

You will need to draft and file a petitioner, or a motion, with the Court where you were convicted citing the reasons why you are eligible and why the Court should grant your petition. You will need to serve a copy of this petition to the county prosecutor.

2. Get a Hearing Date

You will need to get a hearing date from the judge’s clerk for a day and time in which the judge will orally hear your motion. You will need to serve a copy of this Notice of Hearing on the prosecutor as well so they know when to be there.

3. Proof of Service

You will need to file a Proof of Service to the Court clerk stating that you have served a copy of your petition and notice of hearing upon the prosecutor.

4. Notifying the Victim

The victim has to be notified of the petition and hearing and has a right to be there. It is the responsibility of the prosecutor to find and contact the victim, not your’s. If you know the victim would not object to your petition or could testify that the act was consensual, feel free to give the prosecutor their contact information if you have it and you know the prosecutor doesn’t.

 

C. THE HEARING

This is the court date when the judge will orally hear argument and maybe testimony on your written petition. The prosecutor can object if they want to and if they believe you do not fit the eligibility criteria or are likely to still be a threat and thus complying with SORA is in the public’s best interest. The victim may be there and can testify and you can present testimony to the judge as well. Hopefully the judge grants your petition and you will not longer be required to register under SORA. It is a good idea to have an order prepared for the judge to sign to bring to the hearing with you.

DO I NEED A LAWYER?

While it is not required to hire an attorney to file this or any other motion, it is always a good idea. Preparing and filing motions correctly can be cumbersome and it is always better to have someone professional and experienced do it for you. At least that way you don’t have to worry if it is being done correctly. You certainly want to have a lawyer if the prosecutor has indicated that they will be objecting to your petition. The stakes are too high to risk going at it alone. If you are a registered sex offender then you already know how much that affects your life, especially in terms of obtaining housing and employment, not to mention public scorn. An experienced attorney will always be a good investment.

If you are currently required to register under SORA and believe you may qualify to be removed or petition to discontinue registering as a sex offender, call Austin Legal Services, PLC today at (517) 614-1983 to speak to our sex offender registry removal attorney. We can help you put your past behind so you can move forward.

Representing Sex Offense Clients throughout Michigan in the counties of: Ingham, Eaton, Jackson, Livingston, Shiawassee, Kent, Clinton, Barry, and Gratiot and in the cities of: Lansing, East Lansing, Mason, St. Johns, Bath, Ithaca, Charlotte, Jackson, Brighton, Howell, Corunna, Grand Rapids.