Articles Tagged with CSC

Searching for the Best Rape Allegation Defense Attorney in Michigan?

Attorney Daniel Hilf of Hilf & Hilf, PLC provides zealous representation for individuals accused of rape (also known as criminal sexual conduct) throughout Michigan.  He will fight for your best case outcome no matter what the obstacle or accusation, if you retain his services to be your attorney.

Rape allegations have ruined and changed more lives than any other criminal offense.  The prosecution of rape cases are cluttered with huge injustices, because these cases are sometimes prosecuted with little or no physical evidence, significant factual inconsistencies, lack of corroboration, and/or after many years of delay.  When it comes to rape allegations there are many who assume the worst of the accused, which goes against the presumption of innocence and our essential Constitutional rights that in theory are supposed to eliminate false convictions.  The alleged victims of rape are given special attention and care by “victim’s advocates” and prosecutors, which may sound good when it relates to real victims of sexual abuse, but it also has the tendency to emotionally reward and protect persons who make false claims of rape.  Even with an alleged victim recanting an untrue rape accusation, the case against the accused is often not dismissed because the prosecution will argue that it is up to a jury to decide if the alleged victim was credible in their recantation or credible in their original statement.

The Holmes Youthful Trainee Act (HYTA) provides an avenue for persons that are from 17 years old to before the person’s 21st birthday (at the time of the offense) to avoid a conviction and Sex Offender Registration Act (SORA) compliance.  Although a Defendant charged with a sex offense might be age eligible for HYTA there are other requirements pursuant to Michigan Compiled Law (MCL) 762.11 which might prevent the Defendant from receiving HYTA:

1) The Defendant must plead guilty, according to MCL 762.11(1).  A Defendant who is convicted at trial is ineligible for HYTA status.  The statute also does not provide for HYTA status for Defendants that plead no contest;
2) The Defendant must not have a prior conviction or adjudication for an offense which requires SORA registration, pursuant to MCL 762.11(3)(a).  This applies to persons that have a prior sex offense as an adult or juvenile.
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