Thursday, June 14, 2018

Suspension For Sex Crime Conviction

The Michigan Attorney Discipline Board has suspended the license of an attorney convicted of criminal sexual conduct -third degree. 

The Farmington Press reported on the criminal charges

 A Farmington Hills attorney is on the other side of the justice system as he faces accusations of sexual assault from an alleged incident in October.

Daniel Carlson, 33, of Farmington Hills, was arrested March 8 on two felony charges: criminal sexual conduct, third degree, and obstruction of justice. The criminal sexual conduct charge is a 15-year felony; the obstruction charge is a five-year felony. 

Carlson posted a $15,000 bond for the first charge and a $2,500 bond for the second charge.

Carlson was arraigned March 9 in the 77th District Court in Mecosta County — near Big Rapids — on the felony charges, according to an email statement from Mecosta County Sheriff Sgt. Casey Nemeth.

Nemeth said in the email statement that Carlson was arrested as a “result of an investigation into Carlson being accused of sexually assaulting an incapacitated female” last fall.

He was also arrested for “failing to comply with (a) court-ordered search warrant for evidence.”

According to Nemeth’s email statement, the Mecosta County Sheriff’s Office was helped by the Farmington Hills Police Department and the Michigan State Police Crime Lab.

Amy C. Clapp, chief assistant prosecuting attorney for the Mecosta County Prosecutor’s Office, said during a recent phone interview that the victim in the case was reportedly penetrated by the suspect’s finger. 

Clapp said Carlson was charged in Morton Township in Mecosta County, and the criminal sexual conduct, third degree, charge factors in a victim who was impaired. 

“Specifically, the criminal sexual conduct in the third degree is … an incapacitated victim,” Clapp said. 

She added that the suspect might have had reason to believe that the reported victim was “physically helpless” at the time of the alleged incident.

Clapp declined to comment on where Carlson and the victim were at the time of the incident.

A 9 a.m. March 21 probable cause hearing was scheduled before 77th District Court Judge Scott Hill-Kennedy.

“Our initial pretrial essentially is to see what is the next step,” Clapp said. “Just an opportunity for the defense attorney and our office to talk about the case.”

Roger Wotile, Carlson’s Cadillac-based defense attorney, said during a recent phone interview that his client is “certainly upset with the accusation.”

“The accusation is that something happened at the end of October of last year,” Wotile said, adding that Carlson pleaded not guilty.

“The woman making this complaint admits she was highly intoxicated,” Wotile said, adding that the woman allegedly could not remember what happened to her the next day after the reported event. 

Wotile also said that the victim made a statement a couple of weeks later saying she believed that Carlson improperly touched her when she was intoxicated.

“Now, five months later, the matter has come up again and will be vigorously defended,” Wotile said. “At the end of the day, Dan has pleaded not guilty, and (I) hope it can be reasonably and amicably ended,” Wotile said. 

Pioneer Group also reported on the motions in the criminal case.

The interim suspension is in place pending final discipline. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2018/06/the-michigan-the-farmington-press-reported-on-the-criminal-charges-a-farmington-hills-attorney-is-on-the-other-side-of-the.html

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