On July 30. 2013 the Michigan Supreme Court decided the case of the People of the State of Michigan v. Chandra Valencia Smith Anthony (docket number 145371). The Michigan Supreme Court held that “Michigan law requires a taking from the person or immediate presence of a victim to satisfy the…
There are a variety of reasons individuals experiment or become addicted to drugs, such as: social history, genetic disposition, use by friends and/or family members, income level, how the individual handles stress, etc. A list from most addictive to least addictive substances include: 1) Heroin – the most addictive substance. Users…
In most instances, talking to the police concerning a criminal accusation will not help the person being questioned and usually hurts them. Many people have an idea of a police officer or a detective as someone who has a balanced view, and will listen to both sides of the story fairly. The…
Daniel Hilf, of the law firm of Hilf & Hilf, PLC is a frequent Avvo contributor, and has received awards from Avvo for his outstanding contributions as a criminal defense lawyer. He currently has an “superb” rating with Avvo (Avvo’s highest rating level). Mr. Hilf takes great pride in the large…
A person convicted of a drug possession offense in Michigan may qualify to have his or her record expunged at the time of sentencing. In Michigan (for non federal cases) an individual who either pleads guilty or is found guilty of possession or use of a controlled substance, or possession…
In Michigan a Defendant sentenced under the Holmes Youthful Trainee Act (HYTA) is potentially subject to probation, probation with a jail sentence,or a prison sentence. If the Defendant is sentenced to prison under HYTA, he or she can be sentenced to a flat prison sentence of up to 3 years.…
The typical Miranda Warnings read by a police officer when an individual is placed into custody include: You have the right to remain silent; Anything you say or do may be used against you in a Court of law; You have the right to consult with a lawyer before speaking…
EtG (Ethyl Glucuronide) is a common urine test used by Courts to verify whether an individual on bond or probation has used alcohol in the past 3 to 5 days. EtG testing is usually performed at an outside agency which the Court deems reliable (such as JAMS, NOVA, DOTS, etc.). It…
A very common violation of probation allegation in Michigan and elsewhere is for using or testing positive for drugs or alcohol while on probation. The punishment for drug or alcohol related violation of probation can include one or a combination of any of the following: no sanction; added conditions of probation…
Persons younger than 17 years old accused of delinquency often have their matter addressed by the juvenile Court system. Delinquency charges in most cases are not considered as criminal matters, although the charges often stem from behavior that would be prosecuted under criminal law if the person was an adult…