Contact
How can we help?
(248) 602-2799
Attorney

Prison Sentence on Criminal Sexual Conduct and Child Porn Case Drastically Reduced

In this case our client was facing 7 separate and very serious felonies. These included Ciminal Sexual Conduct in the 1st Degree (25 to Life), CSC 3rd Degree (15 years), Unlawful Imprisonment (15 years), Child Sexually Abusive Material (CSAM)(20 year), Use of Computer to Commit a 20 year Felony (20 years), Possession of Child Sexually Abusive Material (4 years), and Use of Computer to Commit a 4 year Felony (7 years). At the beginning of plea negations the prosecutor would not budge from these changes and offered no reductions or dismissals whatsoever.

These charges all stemmed from two separate allegations and two separate victims. After being retained, we undertook a significant investigation into the evidence and charges which revealed and uncovered major inconsistencies in the information contained in the investigation of the police.  These inconsistencies included issues and disparities with dates, times and witness statements. It was further determined that the police had conducted improper searches.

In subsequent plea negotiations all of these problems with case where brought to the prosecutor’s attention.  The prosecutor was also advised regarding all the positive things our client had been doing to help himself, and we also presented a very favorable and optimistic risk assessment, which is a report prepared by a therapist who had, at our request, interviewed and evaluated our client.  These materials and our negotiations resulted in the prosecuting making new plea offer which was better but still one  that was not acceptable to our client.  This included a plea to CSC 3rd Degree, Unlawful Imprisonment, and both 20 year CSAM cases. The plea was such that if it had been tendered, the original charges of CSC 1st degree and the 4 and 7 year CSAM charges would be dismissed.

After approximately 13 months, the case was set for Trial.  However, prior to trial, our client decided that it was in his best interest to accept the final plea offer from the prosecutor.  This included a no contest plea to CSC 2nd degree (1st and 3rd are more serious charges than 2nd), and no contest to Possession of CSAM.

Collectively, at the beginning of our representation, our client faced the possibility of over 100 years in prison.  After the plea bargain, he “only” faced 19 years in prison. However, there was still much work to do on behalf of our client because the sentencing guidelines were calculated to be a minimum of 36 months to 71 months in prison to maximum of 15 years in prison.

To help obtain the best possible sentence for our client, we prepared and submitted to the judge a detailed and extensive sentencing memorandum. In the memorandum we referenced all the materials previously provided to the prosecutor, and set forth therein all the reasons why we believed it would be appropriate for the sentencing judge “deviate” from the sentencing guidelines and sentence him to a much lower sentence. As a result, our client will serve “only” 6 months in the county jail.