Child Protective Services Cases
On May 30, 2015, Shannon Smith from Smith Blythe, PC, PC presented at the Young Lawyers Section 2015 Summit Conference in Detroit, Michigan. Shannon presented the topic “What Every Attorney Needs to Know about Child Protective Services.” After providing background and general information about Michigan Child Protective Services cases, Shannon also included some specific “how […]
Changes for Michigan’s CSC Jury Instructions
Recently, Michigan’s Committee on Model Jury Instructions amended the existing first-degree criminal sexual jury instruction and added a new jury instruction to be used in certain cases where the defendant is charged with first-degree criminal sexual conduct. These changes apply to cases where the defendant is charged under MCL 750.520b(2)(b). This section of the statute applies […]
Sexual Assault Allegations on College Campuses
In a recent editorial from The Detroit News, titled “Regret: isn’t the same as rape” speculation is raised about the statistics of rape and sexual assault on college campuses released in a report from the Obama administration in January. The statistics stated that one out of every five college women are sexually assaulted while in […]
Michigan Teachers Accused of Criminal Sexual Conduct
In Michigan, teachers accused of having sexual relationships with students will face charges of criminal sexual conduct by the prosecution. There are four degrees of criminal sexual conduct charges in Michigan. Depending on the type of relationship, and the age of the student, a teacher can be charged with CSC 1 or CSC 3, both which involve […]
Use of a Computer to Solicit a Minor
In the age of technology, more and more sex crimes happen through the Internet, such as the downloading of child pornography or the solicitation of a minor for sexual purposes. These types of issues are still considered to be sex crimes, even though they happen via the Internet. In January 2014, a family doctor was […]
Michigan Supreme Court Grants Argument on First Degree Criminal Sexual Conduct Case
On June 13, 2014, the Michigan Supreme Court issued an Order in the case of People of the State of Michigan v Randall Scott Overton, directing the Clerk of the Court to schedule oral argument on whether the Court should grant the defendant’s application or take other action. The Smith Blythe, PC represents Mr. Overton […]
College Students Facing Allegations of Criminal Sexual Conduct
Criminal sexual conduct accusations have become particularly prevalent on college campuses. Some schools are beginning to make their own policies about alleged sexual assaults between students. Recently, a proposed bill in California, SB-967, called for students to change the way they handle the issue of consent during sexual encounters. The bill, which is simply ridiculous, […]
Michigan Sex Crime Appeals and Post-Conviction Motions
If you, or someone you know has been convicted of Criminal Sexual Conduct, CSC, or any other Michigan sex crime, it is important to hire an experienced appellate attorney to challenge an improper conviction and/or sentence. The attorneys at Smith Blythe, PC are particularly equipped to handle appeals and post-conviction motions in these types of […]
Miranda Warnings in Criminal Cases
When being detained for a crime of criminal sexual conduct, CSC, or an allegation of child abuse in Michigan, the accused must be read their Miranda warnings prior to a police interrogation. A defendant in custody may not be subjected to police interrogation unless, prior to such interrogation, he has been provided with Miranda warnings, […]
False Confessions and the Reid Technique
The Reid technique is an interrogation technique used by many police agencies throughout Michigan. Child Protective Services workers are also being trained in this technique. This method of interrogation is beneficial to law enforcement because it is used to elicit confessions. This technique has been widely criticized, however, by defense attorneys, psychology experts and other […]