» Sex Crimes

Mitch's client was accused of breaking into a home and raping a woman at knife point and was facing up to LIFE in prison if convicted as charged. The prosecutor's best offer was 10 to 20 years in prison - Mitch's client rejected this offer, opted for trial, took the stand in his own defense, and was declared not guilty by a Wayne County jury of all counts in a classic he said/she said case. Mitch's cross examination of the accuser was the key to this case. The defense was consent. This was the second jury trial in this case - the first trial was in February and resulted in a hung jury and a mistrial was declared.

M. R. was charged with Criminal Sexual Conduct - 4th Degree. A Macomb County Jury acquitted Mr. R. of Criminal Sexual Conduct. Mitch's theory of the defense was that the alleged victim, a former employee or Mr. R's business, was trying to set up a civil lawsuit to get rich off her former employer. Through an extensive cross-examination of the alleged victim, her true motivations were revealed. Mr. R. was acquitted. He avoided a felony conviction, and the requirement of being on the sex offender registry for 25 years. His business would have been lost and he would have been financially devastated if he had been convicted.

Mitch moved to dismiss the charges of criminal sexual conduct - third degree. On the date of the preliminary examination a 36th District Court judge at the Frank Murphy Hall of Justice in Wayne County dismissed the charges.

H. C. was investigated by the Oakland County Sheriff for Criminal Sexual Conduct. Wisely, Mr. C. hired Mitch and consulted with Mitch about whether or not he should talk to the police. Mitch told him absolutely not. No statements were made, no charges were filed, and Mr. was saved from the possibility of jail, prison, fines, costs, registering as a sex offender, and being a convicted felon.

W. C. was placed on probation for Attempt Assault with Intent to Commit Sexual Penetration. He later pleaded guilty to violation of probation and was sentenced to 2 to 5 years in the Michigan Department of Corrections. Mitch appealed Mr. C's conviction for violation of probation. The guilty plea to violation of probation was not taken properly and Mitch persuaded the Genesee County Circuit Court Judge to allow Mr. C. to withdraw his guilty plea to violation of probation and allow him to have a hearing. Once the plea was withdrawn, Mr. C 's 2 to 5 year prison sentence was vacated. Mr. C. was later discharged from probation and released from prison. The plea withdrawal allowed him to gain his freedom about 3 years ahead of schedule.

Mitch filed a motion in Crawford County Circuit Court in Grayling in front of Circuit Judge Janet Allen requesting that his client be removed from Michigan's Sex Offender Registry. After determining that the victim was 13 years old but less than 16 years old and that the client and his victim's age difference was within 4 years and that there was no force used to engage in sexual intercourse, Judge Allen signed an order removing Mitch's client from the sex offender registry. This order was sent to the Michigan State Police Sex Offender Registry Unit and on March 29, 2012, Mitch's client was sent a letter from the State Police informing that he had been successfully removed from the registry and that he no longer had to register as a sex offender.

Mitch's client was convicted of criminal sexual conduct - fourth degree and sentenced to 30 days in jail and five years of probation. One of his probation conditions was that he could not live or work within 1,000 feet of a school. Mitch filed a motion with Judge Suzanne Geddis to remove this condition because it was unconsitutional under the due process clause of the Fourteenth Amendment. The Livingston County Prosecutor's Office and the judge both agreed to remove this onerous probation condition. Now Mitch's client no longer needs to make sure that he keeps 1,000 feet away from any school and no longer has these restrictions on his life.