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How Can a Sex Crimes Lawyer Near Me Help Avoid SORA?

A top sex assault lawyer can help you avoid the Sex Offender Registration Act (SORA) in many different ways. Before we get to that, let’s first talk about SORA, particularly the newest version of SORA in Michigan.

SORA, which is also known as the sex offender registration act, applies to most forms of criminal sexual conduct. If you are facing a sex crime allegation, then you are also facing possibly being listed on SORA. This is also sometimes called sex abuse. If you are facing the kinds of allegations, indecent exposure, you will need a criminal defense attorney well versed in this complex area of law to assist you minimize or avoid the consequences.

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The Barone Defense Firm is pleased to announce that Madeline Barone will be attending Northwestern Pritzker School of Law this fall. Madeline is currently a paralegal at the firm.

Northwestern Law School, located in Chicago, Illinois, was founded in 1859. Since that time, Northwestern has continued to develop its standing as an elite law school, consistently being ranked among the nation’s top law schools. For example, Northwestern is a T-14 law school, meaning it is consistently among the top 14 law schools that are ranked in U.S. News & World Report. In fact, the law schools listed in T-14 are the only schools to have ever been in the top 10. Because of their high status, graduates of T-14 law schools are typically employed in the highest levels of government, the most prestigious Big Law firms, or hold C-level positions at Fortune 500 corporations. Madeline intends to pursue Northwestern’s Environmental Law concentration with the goal of future leadership in international environmental law and governmental policy.

Madeline began pursuing a career in environmental law as an undergraduate student. She is a 2019 honors graduate from the University of Illinois at Urbana-Champaign, with a B.S. in Environmental Science and a B.S. in Psychology. She also is well-versed in Mandarin Chinese, with six years of formal Mandarin education. Due to her diverse academic background, Madeline is hoping to combine her knowledge of the environmental and energy sector with her Mandarin language skills to specialize in international environmental law.

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Why Does Michigan’s Law of Implied Consent Exist?

The first DUI laws went in the books all the way back in the 1950s when cars where just starting to become very common. Back then, there were no breath tests, so that law enforcement tool in a DUI investigation was not available to police officers. That only happened ten years later, in the 1960s. Technology has improved a lot since then, and the law has changed too, because the law of implied consent is younger than the first breath tests. Back in the “olden days” people could refuse a breath test in a drunk driving case without an possible sanction. That is no longer true, and today, there are serious consequences if you unreasonably refuse to to a breath test.

The Michigan Law of Implied Consent

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Michigmichigan drunk driving field sobriety testan law provides that for every person convicted of drunk driving must be subjected to substance use evaluation prior to sentencing. More specifically, Michigan Compiled Laws sec. 257.625b indicates that such individuals must undergo a screening and assessment to determine if the person would benefit from “rehabilitative services,” which may include such things as alcohol or drug education or treatment programs.

A conviction for operating under of influence of drugs has a similar requirement. This is because Michigan statutory law calls drunk driving “operating while intoxicated” (OWI). Drinking and driving is not against the law. To violate Michigan’s OWI law a person must be driving under the influence of drugs or alcohol. If you operate a vehicle after drinking enough alcohol to become intoxicated, or consume enough drugs to become intoxicated, then you’ve committed the offense of drunk driving. In other words, DUI and OWI are essentially the same thing.

What is a NEEDS Survey?

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Now that you understand the plea bargaining process in Michigan and how to prepare for court when pleading guilty, let’s now consider exactly what happens in court when you plead guilty. During the plea taking process the court will be concerned with two things. First that you understand the constitutional rights that you are giving up by pleading guilty, and second, that you are freely, knowingly and understandingly admitting to and acknowledging that you have committed the crime to which you are pleading guilty.

To confirm that you are fully aware that by pleading guilty you are giving up all your constitutional rights associated with trial, the judge will ask you a series of questions almost all of which are answered by the single word “yes”. So, for example, the judge will ask you if you understand that you have an absolute right to trial, to which of course your answer is “yes.” The judge will ask you if you understand that pleading guilty you are giving up your right to remain silent, to which again, the answer is “yes.” There are sometimes a few “no” questions as well, such as “have any promises been made other than those stated on the record, to get you to plead guilty.” The answer to the question so certainty be “no.” Another no question might be “have there been any threats, compulsion or duress used to get you to plead guilty.” Again, the answer should definitely be no. Once the court is satisfied that you are freely knowingly and understandingly giving up or waiving all your constitutional trial rights, and that no promises or threats have been made to induce the plea, then the court will move on to a establishing the factual basis for plea.

What Is a Factual Basis for a Plea?

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Michigan Criminal Defense Lawyer Explains Plea Bargaining

Attorney Patrick Barone of Barone Defense Firm is a criminal defense law firm near me that represents clients accused of sex crimes, whereby if convicted, they would probably have to add their name to Michigan's se offender registry (SORA).If you are facing criminal charges, the criminal justice system seem overwhelming. It doesn’t matter if you’re facing drunk driving, drug charges, sex crimes or white collar crimes in the State of Michigan, the same system of felony criminal procedures apply.

Many Michigan DUI charges and other criminal cases like sexual assaults, child pornography and drug crimes, are resolved through a process called plea bargaining. A plea bargain is what happens after your attorney discusses your case with the prosecutor and explains why it is appropriate to amend or reduce the charges you are facing with the court. Sometimes the reduction in charges to a lower criminal offense will lessen the impact on your drivers license and possibly jail time as well.

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Most of the time if you are pleading guilty it is because your lawyer has successfully engaged in plea bargaining with the prosecutor. Consequently, preparation for court when pleading guilty really begins to take place almost as soon as you first hire your lawyer. Therefore, the total preparation will take place over several weeks or months, and sometimes even years before you are set to appear in court. At a minimum the following things should have occurred before you plead guilty.

  1. You’ve reviewed all the discovery with your attorney.
  2. You’ve discussed possible defenses with your attorney.
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Soon after you are found guilty or plead guilty to a federal crime you will meet with a United States Probation Officer who will complete a presentence investigation and then prepare a report (PSIR) for the judge’s use at sentencing. If the judge sentences you to prison, then the PSIR will also be used by the Federal Bureau of Prisons (BOP) in making housing and other relevant determinations. Consequently, it is essential that the PSIR be accurate and complete. What follows is a description of the kind of information the probation officer will collect during your interview as well as how to be well prepared for this important process.

Why Is the Federal Presentence Report Prepared?

federal criminal lawyerThe purpose of the presentence investigation and report is to provide comprehensive information about the offender that is both objective and accurate.  This information and report will be used by the court in making the appropriate sentencing decision. The report also will assist the Bureau of Prisons in making proper determinations relative to the management of the inmates under their supervision.

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Whenever you pull out your firearm in Michigan, you are placing your future in the hands of others.  Unlike some states, Michigan does not prohibit an arrest or prosecution for the use of fatal or not-fatal force in self-defense.  This means that the police will investigate the incident, which can include questioning, collecting evidence, and possibly an arrest.  Whether criminal charges are authorized is a decision made by the Prosecutor, but most people are unprepared for what happens after the use of self-defense.  This lack of preparedness is dangerous, since any misstep or incorrect statement could jeopardize your legitimate self-defense claim and possibly lead to not only loss of 2nd amendment rights but your personal freedom and a lengthy prison term.

When can I lawfully use force or lethal force in self-defense?

Michigan has two laws that cover various self-defense scenarios. The first is the Castle Doctrine, and this law applies to the use of force inside your home or your place of business. It also covers the use of force to prevent a carjacking. Another self-defense law that applies inside your home if the Castle Doctrine is not available, as well as anywhere else you have a lawful right to be, is the Stand your Ground law. The Gun Crimes Lawyers at the Barone Defense Firm have written extensively on this topic, and readers are advised to look up these articles also. But just because the law says you can use self-defense in certain circumstances this does not mean you won’t be prosecuted.  This is because Michigan’s self defense laws provide a defense they do not bar prosecution. This means you could be charged with Homicide even if you think you properly acted in self defense within the bounds of Michigan law.

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A probable cause conference is a court hearing that precedes the preliminary examination. Both hearings are part of what are more broadly referred to as your due process rights. Your attendance at a probable cause conference is mandatory. Both you and your attorney will usually receive the initial date for your probable cause conference at the arraignment.

The probable cause conference is governed by Michigan Compiled Laws § 766.4 and Michigan Court Rule 6.108. The probable cause conference must be held not less than 7 days or more than 14 days after the date of the arraignment. The probable cause conference will take place at the district court having jurisdiction over the matter. However, district court jurisdiction is limited relative to felony cases in that district court judges do not have the authority to sentence a felony offender and do not have the authority to preside over trial on a felony matter.

Generally, the purpose of a probable cause conference is to determine if the case can be resolved without going any further or if a preliminary examination is necessary before the case can proceed toward trial at the circuit court.

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Contact Information
280 N Old Woodward Ave #200
Birmingham, MI 48009
Phone: 248-306-9158
2155 Butterfield Dr #305A
Troy, MI 48084
Phone: 248-306-9158
39 S Main St #20
Clarkston, MI 48346
Phone: 248-306-9158
Federal Eastern District Court for Michigan has courthouses located in Ann Arbor, Flint, Port Huron, and Bay City, whereas the Western District Court has courthouses located also in in Lansing, Kalamazoo and Marquette in Michigan's upper peninsula. View More

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