Why You Need A Lawyer For An Indecent Exposure Charge
Having the right Michigan criminal defense lawyer can prevent a conviction that violates a constitutional right, such as double jeopardy.
An Example of Injustice in the American Judicial System
A case heard before the Michigan Court of Appeals regarding double jeopardy and sexually delinquent person was decided on July 3, 2012. The case involves a defendant convicted of one count of indecent exposure and one count of aggravated indecent exposure. The defendant was sentenced to 34 months to 15 years on the aggravated indecent exposure charge and one day to life for the indecent exposure under sexual deviant status.
The court of appeals found that the circuit erred in sentencing the defendant as a sexually delinquent person without holding a hearing to determine if the defendant was sexually delinquent. When adjudicating a defendant as a “sexually delinquent person” is an issue, the court shall examine witnesses relative to the person’s sexual delinquency before sentencing. In this case, this hearing was never held.
Indecent Exposure and Double Jeopardy
The court further vacated the conviction for indecent exposure based on double jeopardy grounds. Both the United States Constitution and the Michigan Constitution protect an individual from being placed twice in jeopardy for the same offense. Aggravated indecent exposure and indecent exposure at the same offense for double jeopardy analysis. The court stated, “The offense of indecent exposure does not contain any elements that are distinct from the offense of aggravated indecent exposure. Therefore, because the legislature has not expressed a clear intent to permit multiple punishments for the same conduct, this defendant cannot be convicted of both offenses.”
Experienced Criminal Defense Lawyers Who Have Decades of Experience
If you find yourself in need of a top Michigan criminal defense attorney for an indecent exposure charge, or any felony or misdemeanor case, take time to research each one. Our attorneys at LEWIS & DICKSTEIN, P.L.L.C. are experienced criminal defense lawyers who have decades of experience in successfully handling criminal cases.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
