Criminal Law

WAYS TO GET OFF THE SEX OFFENDER REGISTRY

Posted on February 05, 2010
There have been two recent developments which potentially relieve an individual from a duty to register under Maine?s Sex Offender Registration Law, 34-A M.R.S.A § 11201 et seq. ?SORNA?). On September 11, 2009, new legislation went into effect which allows...

New scanners break child porn laws

Posted on January 05, 2010
No doubt everyone has seen this via Drudge but an intersesting accident at the intersection of security and civil liberties nonetheless: The rapid introduction of full body scanners at British airports threatens to breach child protection laws which ban the...

Useful U.S. Sentencing Commision Training

Posted on December 21, 2009
The U.S. Sentencing Commission has put out a powerpoint presentation that hits a bunch of current topics related to child pornography sentencing and related isses like proper probation conditions, restrictions on internet usage and other sundry details that often arise...

Knowing Downloads

Posted on December 18, 2009
I am analyzing whether a client in one of my current cases "knowingly" downloaded a certain number of images for sentencing purposes. In researching the question I came accross this useful framework used by the 3d Circuit. More difficult is...

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A Response to Ms. Pope

Posted on July 09, 2009
Ms. Pope, in responding to my post on age of consent laws really misses my point. First, this is a blog by a criminal defense lawyer-not a political partisan (at least in this context). When I say I think the...

Progress on the Sex Offender Registry

Posted on July 09, 2009
This was signed into law by the Governor on June 11, 2009. While not perfect and still a continuation of the ex post facto scheme (which has been upheld by the Law Court)-but progress nonetheless. In sum, some offenders can...

Legislation on Residency Restrictions and Registration

Posted on May 16, 2009
Well, its some progress. From the Bangor Daily News: AUGUSTA, Maine ? Legislation that would restrict a community?s ability to control where sex offenders live in town is headed to the full Legislature after a last-minute compromise received a favorable...

A Random Thought on the Age of Consent

Posted on April 11, 2009
In all states there is an age below which someone cannot consent to sexual activity. The age varies from state to state. In Maine the age is 14 or 16 depending on the age of the older partner. In all...

Adam Walsh Act in the Crossfire

Posted on February 10, 2009
In Maine the Adam Walsh Act is seen (from the defense perspective) as an improvement over the current state of affairs. While it may be just as draconian in some respects, the AWA at least holds open the possibility, in...

Things NOT To Wear To Court

Posted on February 09, 2009
Occasionally some people so transcend cluelessness that it approaches the sublime. The most common example I have seen is the Defendant charged with OUI (DWI) who wears a Budweiser t-shirt to court. Recently, though, I saw a Defendant charged with...

What a difference some favorable facts make!

Posted on February 02, 2009
I was recently involved in a computer solicitation case in which my client was accused of enticing a "13 year old" (who in reality was a cop) to a location under one of our local bridges. The investigation began when...

What Women Want

Posted on January 24, 2009
One of the constant and ongoing challenges of the defense attorney in sex cases is to figure out a rationale explanation for seemingly irrational and otherwise assaultive behavior. The possible permutations or human sexual desire, regrets and motivations is to...

Child Porn Victory

Posted on December 16, 2008
State v. T.J. In 2006 the Defendant?s then wife went to the police station and reported that her husband was cruising websites showing child pornography. The police seized the computer and found said pornography. A divorce ensued, now ex-spouse retained...

DHHS "Substantiation" Hearings Described

Posted on December 01, 2008
The power of the Department of Health & Human Services to intervene in families lives on the thinest of suppositions never ceases to amaze me. Prior to a few years ago if the Department sent a letter "substantiating" you as...

FCI Butner Sex Offender Traetment Program Information Sheet

Posted on November 28, 2008
I recieved this Download Im3511_20080208_150032 about FCI Butner's Sex Offender Treatment Program recently. I note it was updated in 2001 but doubt it has changed that much.

Julie Amero Pleads to a Disorderly Conduct

Posted on November 26, 2008
Julie Amero, the Connecticut substitute teacher who was charged with child endangerment, pleaded guilty to a single misdemeanor count of disorderly conduct for a $100 fine. I have blogged about this case and have linked to others who have. (I'll...

New to the Sex Crime Blogosphere

Posted on October 31, 2008
I welcome Sex Offender Issues to the sex crime blogosphere. I had not noticed this site before for some reason but they have great and serious content.

The Legislature totters toward "Improvement"

Posted on October 02, 2008
There are some legislators who understand the need for changing the SORNA system but I fear the politics of being "soft" on sex offenders will sink any efforts at meaningful reform. From the Kennebec Journal:The Committee on Criminal Justice &...

Canadian Prisoner Exchange

Posted on September 09, 2008
While often more applicable to drug cases, it can be very helpful to have the option for Candian clients to have the option of going back home on a "prisoner exchange." Essentially, after serving 1 year in an American jail,...

How to Lose A Gun Trial

Posted on August 08, 2008
I just completed a three day rape trial in Northern Maine. It was a fascinating case from beginning to end: 1. The Defendant had allegedly abducted his pregnant girlfriend from a women's shelter in 2005. They then commenced to moving...

How To Lose a Rape Trial

Posted on August 08, 2008
In August 2008 we finally came to the state charges for rape, assault and witness tampering. The same issues of credibility were in play and the case was much easier for us as the more concrete evidence that killed us...

Convicted Sex Offender Bail Revoked

Posted on August 02, 2008
From CNN: FT. LAUDERDALE, Florida (CNN) -- A former Florida teacher, who for a year avoided serving a 43-year sentence for sexually molesting a 13-year-old boy, was handcuffed and ordered back into state custody Friday. . . . Aaron Mohanlal...

Maine's First "Jessica's Law" Sentence (After Trial)

Posted on August 01, 2008
From the Bangor Daily News: In the first application at trial of what is known as Maine?s Jessica?s Law, a Rockland man was sentenced to 22 years in prison for sexually assaulting a 4-year-old girl. Micah Boland, 31, was sentenced...

Maine Legislature Considers Modified Sex Offender Registry

Posted on July 21, 2008
From the Bangor Daily News: . . . Maine?s online sex offender registry was controversial even before April 2006, when a young Canadian man stalked and killed two men whose names and addresses he found there. It didn?t matter what...

SORNA Guidelines under the AWA Released

Posted on July 05, 2008
The long awaited Sex Offender Registration and Notification Act Guidelines have been released. Sex Crimes has commentary here.

Human Rights Watch Report on Sex Crime Laws in the US

Posted on July 05, 2008
HRW has a report out surveying and commenting on US sex crime laws here.

Sex Offenses and Offenders: An Analysis of Data on Rape and Sexual Assault

Posted on July 04, 2008
Via Crime Magazine, a 1997 Department of Justice study on sex crimes. I am looking for an updated study. Sex Offenses and Offenders: An Analysis of Data on Rape and Sexual Assault By Lawrence A. Greenfeld | BJS Statistician |...

R. Kelly Sex Trial Aquittal

Posted on June 28, 2008
I've been light blogging these past few months as my practice has been pretty busy. I'm on vacation this week and hope to catch up on some issues. One item I'd wished I'd been able to follow more closely was...

Prison Chaplain Sentence Upheld

Posted on June 10, 2008
From the Manchester Union Leader: A judge has refused to set aside the rape convictions of a former Strafford County House of Corrections chaplain. Seventy-two-year-old Ralph Flodin was convicted last month of sexually assaulting a female prisoner last year...

Low Rape Conviction Rate in Britain

Posted on May 29, 2008
Via the Wall Street Journal: The Washington Post today has a provocative (and lengthy) piece on the low rate of successful rape prosecutions in Britain. According to the story, which cites government figures, only 5.7 percent of rape prosecutions in....

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