Criminal Sexual Conduct (CSC) has different degrees of seriousness under Michigan law from 1st through 4th. 1st degree criminal sexual conduct carries a maximum possible penalty of life in prison in Michigan. CSC, like murder, can be charged under different theories and it is vital for the csc attorney to understand with exquisite detail the prosecution's theory of sexual misconduct in developing a defense.
Often the prosecution will charge a case based on a lack of consent. It is important to understand what the facts will show before fully commiting to a defense. If a sexual act appears to have occurred, the best defense can be that it occurred but that the accused person acted with consent. In several situations, the prosecution's case in a criminal sexual conduct charge depends on whether the jury will believe a complaining witness's testimony beyond a reasonable doubt. In other situations, the prosecution's case rests on the reliability of DNA or other so-called forensic evidence.
Mike Nichols of East Lansing is an experienced Michigan rape attorney and has handled several rape and sexual misconduct cases throughout Lansing, East Lansing and all over Michigan. Mike Nichols is an expert in forensic evidence and is uniquely qualified to challenge testimony from crime lab witnesses. His successes range from many high profile cases involving police officers who were accused of criminal sexual conduct, to campus rape charges, even the successful defense of several women who claimed that they were sexually assaulted in and around Michigan State University but later admitted that they were not victims. Contact a Michigan rape attorney.
The Times -- They May Be Changin’ New Guidance Gives Hope For Anyone Accused of Sexual Assault or Harassment on a College Campus
For over 5 years, many families have been torn apart by disciplinary procedures at college
campuses that were driven by the U.S. Department of Education’s “policy guidance” on the
enforcement of a federal law known as “Title IX,” (20 USC sec 1681). On Friday, September 22,
2017, that guidance was withdrawn.
Download Guidance
The April, 2011 letter “guidance on sexual violence” was issued by the Office of Civil Rights
under the Obama administration. That document was followed 3 years later by an April, 2014
statement. The 2 documents had the effect of drastically changing the landscape of fighting
against a school’s efforts to discipline a student accused of sexual assault or a faculty member
or other “member of the campus community” accused of sexual harassment.
- Use of the Preponderance of the Evidence Standard to Discipline or Expel a Student
- Denial of Due Process Such as the Right to Cross Examine the Accuser
- Granting the Accuser Appellate Rights When the Process Determines No Assault/Violation Occurred
At issue for universities was whether federal funding would be jeopardized because of
violations of Title IX if the University was deemed to fail to pursue allegations of campus sexual
assault “aggressively enough.” Attorney Mike Nichols of East Lansing has handled many such
cases and thinks the question now is what will happen at Michigan’s largest university,
Michigan State University, in terms of implementing changes that result from withdrawal of the
previous guidance. Nichols can be reached at 517 432 9000 or mnichols@nicholslaw.net
Criminal charges in East Lansing
Arrests Always Seem to Increase with Every New MSU School Year
The new normal on American college campuses is almost hyper-sensitivity to sexual assault. East Lansing Attorney Mike Nichols "we are almost teaching kids contract law for determining consensual sex." If you, your son or daughter are charged criminally, the first step is an arraignment. Except for a DUI/OWI or MIP - that arraignment can be waived. With a felony the next step is an informal probable cause conference. With a misdemeanor, there is an informal "pretrial." The worst thing you can do? Make a statement - at least without talking to counsel first.
Can Your Son Get A Fair Trial if He is Charged with Sexual Assault at Michigan State University?
A tidal wave of hysteria is sweeping college campuses all over Michigan and the country. The latest example is a “special report” for sweeps week on a Lansing area TV station that serves East Lansing about the Ingham County Prosecutor’s focus on rape cases. Michigan Criminal Defense Attorney Mike Nichols says “when TV stations start manipulating issues for the all-important “sweeps” months when ratings numbers are collected, you know that it is going to be hard for judges and juries to be fair. We need to push back on behalf of the constitution and make sure that the voices of the accused are heard, too.” Nichols has some tips for kids to avoid getting in the situation of false allegations that are supported by evidence that is manipulated and used out of context.