St. Joseph Michigan Criminal Defense Blog

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Court Reverses Sex Offender Ruling

Court Reverses Sex Offender Ruling

Court Reverses Sex Offender RulingA Michigan man is headed to the sex offenders registry after the Michigan Supreme Court reversed a key ruling in his case. In the original trial, a 19-year-old was sentenced to adjudication for an incident involving a 12-year-old girl. As part of his sentence, he was required to register as a sex offender, though the court dismissed his case and did not provide a conviction due to his successful completion of his probation.

A trial court granted the individual’s motion that he be exempt from the registration requirement based on the argument that registering as a sex offender for life represented cruel and unusual punishment. In other words, the court sided with the defendant, ruling that joining the sex offenders registry would be excessive punishment for his crime. Though the case was fought by a competent sex offender attorney in Michigan, this ruling would turn out to be only temporary.

The Michigan Supreme Court reversed the trial court’s decision based on a number of key factors:

• The court held that SORA, the act which demands mandatory sex offender registration, was not designed for punishment but for the aid of law enforcement officers and other individuals.

• It also held that SORA was intended to protect the welfare of the public and that the defendant failed to show SORA to be punitive.

• The court argued that the SORA requirements did not represent punishment as related to the case and has not been regarded as punishment in other cases.

The end result? The ruling was overturned. Put simply, the Michigan Supreme Court determined that SORA was never designed as a punishment and cannot be thought of as “cruel and unusual” because it exists for the welfare of others rather than to harm the individual to which it applies. Working with an experienced and prominent sex offender attorney in Michigan is an important step in determining how SORA might apply to a case and which options are available. For more information please visit www.attorneypeterjohnson.com or contact us at 269.982.1100.

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Neglect and Mishandled Funds Lead Attorney Sanctions

Neglect and Mishandled Funds Lead Attorney Sanctions

Neglect and Mishandled Funds Lead Attorney SanctionsThere’s more to just finding a Michigan criminal attorney. You have to find an attorney that’s sympathetic to your needs, understanding of your situation, and willing to put in the hours and work it takes to ensure your case is a success. No two attorneys are alike and some attorneys have even been disciplined for their inappropriate or insufficient handling of their clients.

For example, according to the 2013 State of Michigan Attorney Discipline Board Annual Report, the majority of attorneys disbarred in that year were disbarred for mishandling their clients’ funds. By far the largest category of misconduct was the improper handling of funds, whether through purposeful misappropriation or accidental incompetence and bad bookkeeping. You need a lawyer who is dedicated to fiscal responsibility and making the most out of the investment you make in them. Don’t waste your money on a lawyer that’s not paying attention to where it goes.

The second biggest category of misconduct was neglect of clients through failing to provide diligent and competent representation. Some attorneys were even disciplined for completely abandoning their practice! You need to feel comfortable that your attorney is going to stay on the grind and fight your case from beginning to end. The law office of Peter J. Johnson has carved a place as a leading Michigan criminal attorney and is known for its attention to detail, transparency with clients, and dogged focus on getting the job done. We return calls and emails promptly and work hard to ensure you always know that your case is on priority status.

Your Michigan criminal attorney should be there to help, end of story. The law office of Peter J. Johnson is dedicated to exceeding the expectations of our clients by providing diligent, financially competent representation that guarantees the best possible outcome for any given scenario.

For more information or to schedule a consultation please visit www.attorneypeterjohnson.com or contact us at 269.982.1100.

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