Sex Offenders Registry

October 4, 2012

October 15 Deadline to Report for Tier 3 Sex Offenders

Michigan State Police are reminding Tier 3 registered sex offenders that October 15th is the deadline to report in person to a state police post, sheriff’s office or other local law enforcement agency in order to verify address of residence. This is a requirement for Tier 3 offenders, which includes offenders considered the most serious who must remain on the sex offender registry for life.

According to the Michigan Sex Offenders Registration Act, Tier 3 offenders who fail to verify their addresses during the time periods required will be penalized by up to two years incarceration. Tier 3 offenders are required to verify their address on a quarterly basis, and must do so during the first 15 days of January, April, July and October.

In addition, any time a sex offender (whether Tier 1, Tier 2 or Tier 3) changes address, switches jobs, enrolls in a college or university, changes name or vehicle, or Internet identifiers, these changes must be reported within 72 hours (3 days) of that change. If you fail to report this information, it is considered a felony which is punishable by up to 4 years in prison.

The15-day address verification period for Tier 3 offenders began on October 1st. Those who do not comply by October 15th may be arrested under the Sex Offenders Registration Act. Law enforcement agencies do conduct address checks on a random basis to verify that sex offenders are in compliance. Even during the course of a traffic stop or any contact with law enforcement, violators may be arrested.

Tier 1 sex offenders are required to verify address only once each year, during the first 15 days of January.

Tier 2 sex offenders are required to verify address twice each year, once during the first 15 days of January, then again during the first 15 days of July.

Michigan sex crime defense attorneys know the serious and often life-changing impact being required to register as a sex offender means for those convicted of sexual offenses. Where you live, work, or even go to college can be affected; you will likely be treated with disgust by those in your community.

September 25, 2012

Michigan Sex Offender Living in Kentucky Creating a Stir in Edgewood

by Scott Grabel

William Begley, a Michigan man who is a registered sex offender and who has been behind bars for the majority of the last 18 years on sex charges, is causing a stir in his Edgewood, Kentucky neighborhood. It seems that Begley lives in close proximity to a park and a school, although he is not breaking the law. In Kentucky, sex offenders may not live within 1,000 feet of a playground or school, but this is a law that went into affect in 2006 and does not apply to Begley. Still, neighbors have complained to Edgewood Police.

Begley lives a block away from President’s Park, and across the street from Saint Pius School. Edgewood Police Chief Tony Kramer says that about 6 residents have either stopped by the department or called to complain about the situation, although Begley is breaking no laws. Just out of jail in August, Begley was jailed twice in Michigan on charges of criminal sexual conduct. The problem is with a Kentucky Supreme Court ruling which just went into effect in 2006, requiring that sex offenders live at least 1,000 feet from schools or playgrounds. This rule does not apply to Begley, because it cannot be enforced on individuals convicted of a sex crime prior to 2006. Neighbors say the law is “a crock.”

News reports state that for the few weeks Begley has been living in the neighborhood, he has been low-key and quiet. Talking to news reporters, he said that all he wants is a fresh start. No criminal charges can be filed against Begley simply because he lives in the neighborhood and within a close range of the school and park, but Assistant Kenton County Attorney Jason Reed says that neighbors need to be “vigilant,” and that they can ensure that he is behaving himself by keeping an eye out on the community.

For his part, Begley stated that the neighbors don’t have anything to worry about, that he paid his dues for the mistakes he has made.

Michigan sex crime attorneys understand the hardships registered sex offenders face in society. Even when you have done your time and paid your debt to society, the stigma will always be there. It’s hard to live life when you feel that everyone you come in contact with is watching over his/her shoulder.

August 27, 2012

Sex Offender Requirements Becoming More Personal; Addresses of Registered Sex Offenders in Midland County Verified

by Scott Grabel

Recently, Midland County sheriff’s deputies conducted address verification of registered sex offenders across the county. The process began on August 7th and was completed on August 23rd. These checks are conducted four times each year; there were 161 homes checked by deputies in the county, and no violations were found. According to Michigan State Police, offenders are required by the Michigan Sex Offenders Registration Act to verify their address once at the beginning of each quarter, within the first 15 days of January, April, July and October.

Michigan sex crimes defense lawyers know this is just one of the requirements you face as a convicted sex offender. This is why it is essential that when you are accused of or arrested for rape, possession of child pornography, sexual assault or any sex-related offense, you consult with an attorney immediately. Your lawyer will work diligently to protect your legal rights and prevent a conviction when possible.

Registry reporting requirements are also becoming more personal. Now, many individuals who are registered sex offenders must register information which includes email addresses, social media accounts like Facebook and Twitter, and all telephone numbers where the offender may be reached including home, cell and work numbers. Why is it necessary for those registered to provide such personal information? Police claim that having all of this knowledge allows them to contact an offender quickly; however, Michigan sex crimes attorneys know this also allows police to closely monitor your every word and perhaps intended actions.

Based on the seriousness of the crime committed, perceived danger to the public and risk of repeat offenses, sex offenders are determined to be a level 1, 2 or 3 offender. If you are convicted of a level 3 offense, you will be required to register as a sex offender for the remainder of your life.

October 14, 2011

Reverse Ypsilanti Prostitution Sting Leads To Arrest Of 6

by Scott Grabel

Ypsilanti news reports that police have arrested 6 men for allegedly soliciting prostitution as part of a sting conducted in Ypsilanti and Ypsilanti Township last week. The arrests were part of Enforcement Against Street Walking in Ypsilanti (E.A.S.Y.), a program aimed at eliminating the root causes of prostitution. Law enforcement, elected officials and the judicial system have all joined together in this anti-prostitution effort. Sources indicate that at least 5 additional prostitution arrests have been made in that area since May.

In fact, police in Washtenaw County, as well as Wayne, Oakland and Kalamazoo have a reputation for setting up “stings” to lure unsuspecting, law-abiding individuals to solicit a prostitute. As part of the sting, police dress up as prostitutes and arrest individuals who allegedly approach them for their sexual services. Solicitation and prostitution are both illegal – and if arrested for either, individuals face tough penalties and fines. If a second offense occurs, convictions carry with them increased penalties. An experienced Michigan prostitution defense attorney is necessary to fight the charges.

Potential penalties include, but are not limited to:

• Civil forfeitures of property, including your car
• Sexually transmitted disease testing
• Registration as a sex offender under the Michigan Sex Offender Registration Act

August 24, 2011

Wayne County Judge Removes Detroit Man From Sex Offender Registry

by Scott Grabel

Detroit News reports that a Wayne County judge has removed a man’s name from the sex crimes registry after he successfully petitioned the court. Kenneth Thornberry, now 26, went to prison in 2005 as the result of having consensual sex with his girlfriend of two years. He was 18 and she was 14-years-old at the time.

Under Michigan law, minors under the age of 16 cannot legally “consent” to having sex despite the fact that he or she may be a willing participant in the sexual activity. In fact, many incidents of alleged statutory rape occur in “Romeo/Juliet” type relationships, where teen boyfriends and girlfriends engage in sexual activity without any criminal intent to commit sexual assault. A charge of statutory rape is classified as criminal sexual conduct third degree and is a serious felony, carrying with it significant consequences if convicted.

If you or someone you love has been charged with statutory rape, it is critical to contact an experienced Michigan sex crimes defense attorney immediately to protect your future and begin preparing your defense.

Here, Thornberry was convicted of criminal sexual conduct and spent 6 years behind bars. His name was also placed on the Michigan Public Sex Offender Registry. Having to register of the sex crimes registry can affect your everyday life and your future, potentially impacting where you live, work, go to school and the types of government programs you qualify for.

July 7, 2011

Michigan Sex Registry Changes Effective July 1 Require More Information

by Scott Grabel

Thanks to much needed legislative changes, the Michigan Sex Offender registry will be adding new information concerning those individuals listed on the registry in an effort to provide a more complete picture of each person – including new information about employment, vehicle information and email addresses. News reports that the effort to implement the new sex offender verification procedures is tying up law enforcement agencies – requiring two to three times more staff than usual.

If you are required to have your name placed on the Michigan sex crimes registry, it is important to contact an experienced Michigan sex crimes registry attorney to ensure you meet all required guidelines. Although some additional effort may be required to comply with the new law, in the long run the new system is intended to provide a more accurate reflection of each individual’s risk – providing more freedom of movement to those grouped as less serious offenders.

In addition to providing registry information such as vehicle and employment information, sex offenders are required to have palm prints on file with the Michigan State Police to be forwarded to the Federal Bureau of Investigation, as well as all social media account, screen names and passwords.

April 28, 2011

New Law Will Keep Teens Off Sex Crimes Registry

by Scott Grabel

Effective July 1, teenagers who have mutually agreed upon sex with a younger teen will no longer be automatically listed on Michigan’s sex crimes registry. However, in certain circumstances your teen may still face placement of his or her name on the list. This includes situations such as where the age difference between the teens is more than four years and if allegations exist that sex was coerced.

Previously, teens involved in so-called “Romeo and Juliet” relationships faced having their name listed on the registry for 25 years.

With the new sex crimes registry law in place, teens as well as adults whose names were placed on the list for teenage sexual relations may contact an experienced Michigan sex crimes defense lawyer to petition for removal and to clear their name.
The revised law is a welcome change. The intent of the registry was to advise the public concerning predators but has unfairly grown and expanded to include people whose actions may reflect questionable choices, but are not hardened criminals. Listing often has life-long negative consequences, affecting the direction of a one’s life. Having your name of the registry impacts where you live, your employment and even your choice of schools.

March 17, 2011

Michigan Sex Crimes Registry Reforms Adopted By Senate

by Scott Grabel

After years of criticism and unfair treatment of those convicted of minor sex offenses, the state Senate has approved a bill that will significantly alter the Michigan Sex Offenders Registry.

As a result of the new Michigan sex crimes registry legislation, juvenile offenders will no longer make the public list. Those involved in “Romeo and Juliet” cases – where consenting teens have sex – will not be placed on the list as long as the number of years separating the youths is no more than four years.

Other changes include categorizing the offenders into Tiers, with the most serious on Tier 3. Tier 1 offenders may be able to petition for removal after 10 years for good behavior. The reforms will put Michigan’s registry in compliance with the federal Adam Walsh Act.

The sex crimes registry was originally intended to notify citizens if a child predator lives in the area. However, predators only represent a small slice of the nearly 40,000 names on the list, with some people’s names remaining on the list long after their misdemeanor convictions were expunged by the courts.

Supporters applaud the changes for making Michigan’s sex offender registry less “brutal and stigmatizing” for teenagers, but note that more reforms are necessary to avoid unjust consequences.

As stated in a recent editorial published in the Detroit Free Press, “Getting rid of Romeo and Juliet cases should jump-start a broader debate on how to refine and improve and overreaching requirement that no longer serves its intended purpose.”

March 11, 2011

Michigan Child Pornography In The Facebook Era

by Scott Grabel

In the wake of the Michigan child pornography charges filed against Evan Emory, scholars are reviewing what the standards should be concerning the sharing of digital images, often not tied to any sexual malice yet charged as a sex crime with significant and often life long consequences.

Evan Emory is facing charges of distributing child sexually abusive materials after he edited a video to make it look like elementary school children were listening to him sing a sexually graphic song. He faces 20 years in prison and placement of his name on the Michigan sex crimes registry.

As stated in a recent article from the NewYork Times the Evan Emory case has drawn strong reaction both from Muskegon residents and around the world in such far reaching places as Ireland and Australia, noting that the case “underscores the still evolving nature of the law when it comes to defining child pornography in the age of Facebook, YouTube and sexting.”

Unlike adult pornography, child pornography is not provided the same First Amendment protections because the laws presume a child is being harmed. But, the reality is that “now we have situations where people are being arrested and charged” in connection with digitally altered images, where no child was abused.

February 17, 2011

Michigan Sex Offender Registry Investigation Reveals Inconsistencies And Injustice

by Scott Grabel

A recent Grand Rapids investigation into just whose name is on the Michigan sex offender registry and whether those people are really predators revealed some disturbing statistics.

The Michigan Public Sex Offender Registry (PSOR), which is designed to inform the public about “sexual predators” in their neighborhood, places anyone who is convicted of a Michigan sex offense on the registry. Nearly 1900 names from Kent County alone are on the list. Once on the registry, a person’s name may be there for several years to life.

If you have been charged with any Michigan sex crime, it is crucial to contact an experienced sex crimes defense lawyer to provide a vigorous defense and keep your name off the list.

While some people who are the list could be considered “predators” and dangerous, many others are not. As stated in the Target 8 investigation “[w]ith few details about why a sex offender is on the list, it’s difficult to determine who might be a predator and who is not a danger.”

In fact, many youthful offenders’ names are placed on the list after having consensual sex with another teen. In one case, a 17 year old was convicted of statutory rape of a 15 year-old-girl who had consented to the encounter. His name will remain there for 25 years, well after completion of his 2-year probation sentence. He continues to suffer daily set backs as the result of his listing – including not being able to get into the military, not being able to find work, and not being able to be involved in after-school activities with his sons.