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No Contest for Criminal Sexual Conduct Case

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  • 07-07-2011, 01:11 PM
    MGG50
    No Contest for Criminal Sexual Conduct Case
    My question involves criminal law for the state of: Michigan

    If a man SAYS he was giving a female child "rasberries" on her tummy, and someone walked in and accused him of.. doing sometime else with his mouth...

    Does it make any sense at all for a lawyer to tell his client that he should plead no contest for this?

    The reason I am asking is because this guys lawyer said that if he plead no contest, he would only get 18 months in jail, and if he took it to trial, and was found guilty.. he could spend 20 years in jail.

    Is this a realistic scenerio? If it is the mans word against the other persons word.. shouldn't this be something you fight since there is no edivence or proof?
  • 07-07-2011, 01:21 PM
    aardvarc
    Re: No Contest for Criminal Sexual Conduct Case
    If the victim or the reporting party/witness is willing to testify, their testimoney IS evidence. Going to trial ALWAYS puts the defendant at risk of being found guilty, leading to the risk of the maximum penalty for the conviction. It becomes a risk/reward issue. The client's attorney is in the best position to advise the client based on the totality of circumstances - including statements that indicate what testimoney given in court is likely to consist of; and in light of knowing the plea bargaining habits of the local district attorney and the sentencing habits of the local judiciary.
  • 07-08-2011, 11:18 AM
    noprimenumbers
    Re: No Contest for Criminal Sexual Conduct Case
    The adult / child relationship is also an important factor. If it is parent/child relationship it is natural to play with ones children and should be contested if possible and this would be very dependent upon the circumstances that surround the event. If it is anything other than this it would be seen by the courts as an act of grooming the child. In the later case it may not be possible to sway the courts in favor of the defense in any significant way. This is what I see as being the case here as no other details were mentioned. As aardvarc said "The client's attorney is in the best position to advise the client based on the totality of circumstances" and the client should give every detail to the attorney to assist with this determination. And this information must be true, correct, and complete.

    If there was any indication that the intention of the client was to commit a crime the courts may be more inclined to convict for the crime as being caught in the act of committing said crime. The intention is taken from the conditions surrounding the act. Doors open or closed, lights on or off, proximity to other people, the appearance of being hidden or trying to hide, on a bed or floor, in a living room or in a bed room, curtains open or closed... these and many others are important to the attorney in trying to determine what the intention of the client would have been.
  • 07-08-2011, 12:46 PM
    jk
    Re: No Contest for Criminal Sexual Conduct Case
    for the sake of the effect of the plea, there is no difference between a "no contest" and a guilty plea. The courts can place the exact same punitive actions in either case.

    Unless he enters into a binding plea agreement, the judge can do whatever he wants (as long as it is within the statutory limits) regarding the sentencing whether he pleads no contest or takes it to trial and is found guilty.
  • 07-08-2011, 05:18 PM
    DaveJames
    Re: No Contest for Criminal Sexual Conduct Case
    An adult giving raspberries to a child is in its self kinda creepy and may be worthy of 18 months; and it appears it would probably lead to other things.

    I'd freak if some adult puts their mouth on my belly and blows into it when I was a child. Quite odd behavior for an adult to be doing that with a child.

    He may be getting time either way as he has already confessed to some sort of mouth body contact.
  • 07-08-2011, 06:11 PM
    jk
    Re: No Contest for Criminal Sexual Conduct Case
    Quote:

    DaveJames;537265]An adult giving raspberries to a child is in its self kinda creepy and may be worthy of 18 months; and it appears it would probably lead to other things.
    if raspberries are where you put your mouth on the skin loosely and blow making a funny sound, I have to disagree with you. I had done it with my child and I do it with my grandchild all the time. My other daughter does it with her niece (my grandchild) as well. I see nothing inherently wrong or sexual about it.

    now, if the adult is not related or some very close friend or the child is older than a toddler, then I do see a problem with it.

    Quote:

    I'd freak if some adult puts their mouth on my belly and blows into it when I was a child. Quite odd behavior for an adult to be doing that with a child.
    you must be "the" bubble boy. I don't know if I know a parent that has not done that with their child.

    what is wrong with the question is this:

    Quote:

    If a man SAYS he was giving a female child "rasberries" on her tummy, and someone walked in and accused him of.. doing sometime else with his mouth...
    Just what else would a person be doing on the child's BELLY.

    If it was above or below the belly, then I would have a problem but that would also be obvious to an observer. As well, the distinctive sound of a raspberry cannot be mistaken for anything else. I think the situation would be pretty evident as to the action and intent.


    btw: I really think this is simply a school question scenario
  • 07-10-2011, 03:55 AM
    DaveJames
    Re: No Contest for Criminal Sexual Conduct Case
    You are right there JK.

    I am a bit old fashioned and out of times with certain cultures and generations. I think its inappropriate for an adult male to be putting his mouth on a little girl's stomach and especially in a seclusive private settings.
  • 07-10-2011, 08:30 AM
    cyjeff
    Re: No Contest for Criminal Sexual Conduct Case
    Quote:

    Quoting DaveJames
    View Post
    You are right there JK.

    I am a bit old fashioned and out of times with certain cultures and generations. I think its inappropriate for an adult male to be putting his mouth on a little girl's stomach and especially in a seclusive private settings.

    I have to admit to administering a few of these on my kids when they were little myself.

    The question is the relationship between the adult and the child.... and the age of the child.

    I think my last was when my youngest was around 2 1/2.
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