Criminal Sexual Conduct in Michigan - Can Charges be Dismissed?

As a Michigan Criminal Defense Attorney concentrating on defending those accused of Sex Crimes, also known as Criminal Sexual Conduct in Michigan (CSC), I have a discussion with every client about expectations. It's not uncommon for our clients to ask "Can my Criminal Sexual Conduct charges be dismissed?"

In Michigan, Criminal Sexual Conduct has four degrees: Criminal Sexual Conduct in the First Degree (CSC 1), Criminal Sexual Conduct in the Second Degree (CSC 2), Criminal Sexual Conduct in the Third Degree (CSC 3), Criminal Sexual Conduct in the Fourth Degree (CSC 4). The potential penalties range from two years in Prison for CSC 4 all the way up to LIFE in Prison with a mandatory minimum of 25 years for certain multiple variables of CSC 1.

A dismissal means that the prosecution has chosen, for one reason or another, not to go forward with their case against you, and it could happen at any time leading up to trial or even during trial. A dismissal of Criminal Sexual Conduct charges is different than taking a plea deal or going to trial. Sure, when you have a superior Criminal Sexual Conduct Defense Attorney and you go to trial and are found Not Guilty of CSC, the case will end and you will be free to move on with your life. But what if you never had to go to trial at all? Obviously, the very best possible outcome is to never have to take a plea deal or else risk your fate in the hands of a jury to begin with. But is this even possible?

The simple answer is "Yes, anything is possible." A prosecutor could decide to abandon their case at any time and for any reason. But the real question being asked by those accused of Criminal Sexual Conduct sounds more like this: "How likely is it that my CSC charges will be dismissed?" The answer to that question, frankly, is that a complete dismissal of CSC charges is extremely rare, and a dismissal, while certainly possible, is not an outcome that you can reasonably expect by any means.

RELATED: What is the Criminal Sexual Conduct court process in Michigan? What are the Probable Cause Conference and Preliminary Exam?

So under what conditions could a Michigan Criminal Sexual Conduct charge be dismissed, if there is any chance at all? Simply put, either: a) the Prosecution must know that you are genuinely willing to take your CSC case all the way to trial AND they must know that you stand a reasonable chance of winning; or b) the Prosecution would have to dismiss because it is the right thing to do. The second of those possibilities happens much more infrequently, and it takes a very moral and ethical Prosecutor (as compared to the vast majority of them) in order for that to happen. As stated, that is rare, but there are those good Prosecutors out there who do the right thing when they have someone's life in their hands, and thank God for them.

RELATED: Michigan Sex Crimes Defense Lawyer Brian J. Prain voted one of premier Detroit business journal "D Business Magazine's" Top Lawyers, 2019.

Regardless, you should never speak to police thinking that you can help make your Criminal Sexual Conduct charges go away. You can only succeed in making your situation much, much worse. However, there are certain situations where taking a polygraph in a Criminal Sexual Conduct case may help get charges dismissed or even stop them from being brought at all - but you should never make any of these decisions or agree to anything without speaking to a top Michigan Criminal Sexual Conduct Attorney for guidance that is specific to the facts of your case. -

RELATED: What should I do when I'm being investigated for Criminal Sexual Conduct? How can I avoid Prison?

Michigan Criminal Sexual Conduct Defense Lawyer Brian J. Prain of Prain Law, PLLC concentrates his practice solely on defending those accused of assaultive crimes, primarily Criminal Sexual Conduct. Should you hire a general practitioner or "jack of all trades" Criminal Defense Lawyer, or someone to has a particular focus on CSC cases? As always, a good attorney is a good attorney, no matter what. But CSC charges in Michigan have some very unique aspects that your average Criminal Defense Attorney isn't aware of, like the absolute necessity of psychological expert testimony for certain CSC cases, DNA evidence, child forensic interviews like CARE House of Macomb and Oakland County ("Kids Talk" in Wayne County or "Child Advocacy Center' in others), and how Michigan Rape Shield laws with their very specific requirements and deadlines affect your ability to present powerful evidence about your accuser in your defense.

The choice is yours. If you or someone you care about is facing Criminal Sexual Conduct charges in Michigan, call Prain Law, PLLC at (248) 731-4543.

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