Legal Question in Criminal Law in Michigan

My son is facing a 2nd charge of csc 3rd degree. when he was originally charged, he was given hyta and probation along with court cost, fees, & restitution. He was given a NO contact with the victim but may have contact with concieved child. At the time of trial he was 17 and she was 15. (sex was consentual) After the trial and NO CONTACT order was issued we found out a few months later that the victim in question was already pregnant again.(my son was devastated.) They now have 2 children involved. My son has not been in any legal trouble other than this.She is now 17 and he is 20. My son is employed and actively supporting all of them with some help from family members. What are his chances of not going to jail on the 2nd offense?


Asked on 1/19/10, 5:48 pm

3 Answers from Attorneys

Daniel Hajji Daniel Hajji & Associates

Need clarification of your question. Jail can be avoided with a good defense and lawyer. There are also many programs available in lieu of jail. Contact attorney Daniel Hajji 248.865.4700

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Answered on 1/24/10, 6:18 pm

It is not possible to properly evalute how a second CSC conviction might turn out. You simply have not provided enough information. Without trying to evaluate your son's case, generally speaking a second conviction for CSC would send a person to prison.

We can work with your son and fight to keep him out of prison. He should call one of our very experienced criminal defense team members right away. We have handled CSC cases throughout the lower peninsula of Michigan with a strong track record. We can be reached at

1 866-766-5245

You can read more about us at:

www.SexCrimeAttorneys.com

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Answered on 1/24/10, 7:33 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

The "odds" depend on knowing the prosecuting attorney's office handling the case (and that office's past record of handling such CSCs) + knowing who the judge is who sentenced him to HYTA (and would decide whether this new information may cause the court to revoke or reconsider the HYTA status) and the judge that would handle the new case (not necessarily the same one who sentenced him in the first case). The prosecutor would have to evaluate what the public would "get" out of formally prosecuting him for the additional case -- i.e., if the likely sentence was jail time rather than prison the odds would be lower. One important issue is whether the 2nd incident (where she got preganant) happened after he was told to stay away from her (including a pre-trial bond condition of "no contact"). That might sway the prosecutor and judge to treat this more harshly than if it was just a similar incident to the charged CSC that authorities did not know about before he was sentenced to HYTA probation. Not to be too technical here, but this was never a "consensual sex" matter because as someone under 16 years old she had no legal power in Michigan TO "consent". It might have been "voluntary", but consent is a power granted by the Age of Consent law and she had to be 16 to gain that authority.

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Answered on 1/25/10, 1:45 pm


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