Blog

Blog for Michigan Criminal Defense Attorney Brian Prain.

Criminal Sexual Conduct in Michigan – Related by Blood or Affinity

Sexual conduct with someone who is closely related to you is a crime under Michigan law.  Criminal Sexual Conduct charges in Michigan can become more severe if you are related to the alleged victim and they are “at least 13 but less than 16 years of age.”  Sexual conduct with a relative is commonly known .. read more

Should You Take a Polygraph in a sexual assault case?

Criminal Sexual Conduct cases in Michigan (“CSC”) are a very unique type of case.  As a Michigan CSC Defense Attorney, one question our office receives is “I’m innocent.  Should I take a polygraph?”  I’ll be clear at the outset – my general answer is NO. Of course, there are exceptions to every rule, and in .. read more

New Michigan Law Requires DNA Upon Felony Arrest – CSC

In the past, most people arrested and charged with crimes in Michigan did not have to give a sample of their DNA to the police.  DNA was typically only required when someone was actually convicted of a felony (a crime punishable by more than one year of imprisonment).  The most notable exception to this general .. read more

Michigan CSC Attorney – DNA Evidence Basics

AS WE ALL KNOW from popular TV shows like “CSI,” DNA evidence can be the difference between guilt and innocence in any sex crime prosecution. In Michigan, the basic sex crimes that involve some form of sexual penetration or sexual contact are broken down into 4 “degrees”: First Degree Criminal Sexual Conduct, MCL 750.520b (“CSC”), .. read more

What is Fourth Degree Criminal Sexual Conduct? CSC 4 Definition

Fourth Degree Criminal Sexual Conduct in Michigan (“CSC 4”) is a “high court misdemeanor” – the law calls it a misdemeanor, but it is punished like a felony.  The actual Michigan 4th Degree CSC law, MCL 750.520e makes it punishable by up to 2 years in State Prison.  This law is long, complicated, and difficult .. read more

Criminal Sexual Conduct – The Defense of Consent

Modern day sex crimes in Michigan are referred to as Criminal Sexual Conduct (called “CSC” for short).  In the old days, the only sex crime was called “rape.”  In the legal sense, “rape” meant sexual intercourse “by force and without consent.”  This was called “common law rape.”  Because part of the definition of rape was .. read more