Skip to main content
A Better Partnership
April 21, 2016

MSC grants MOA to consider whether failing to inform defendant of lifetime electronic monitoring makes CSC-I plea involuntary

In People v. Roark, No. 152562, the Michigan Supreme Court granted mini-oral argument on the application for leave to appeal to consider three issues: first, whether the defendant, who pled guilty to criminal sexual conduct in the first degree (“CSC-I”), was accurately advised of the direct consequences of his guilty plea, which included lifetime electronic monitoring; second, whether the defendant has demonstrated actual prejudice pursuant to MCR 6.508(D)(3)(b); and three, whether the defendant must demonstrate that he would not have pleaded guilty if he had known about the lifetime electronic monitoring requirement. The Court of Appeals held that the defendant was entitled to withdraw his plea because the trial court failed to advise him of mandatory lifetime electronic monitoring, which rendered his plea involuntary.

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.



+ -