Work release is a sentencing alternative in Oakland County that allows a person sentenced to a jail sentence to serve that sentence from the comfort of his or her own home but monitored through a tether ankle device. This program is allowed pursuant to Michigan Compiled Law 28.1747, and is…
Late at night, when you are driving with your friends, you are only thinking about having fun. You may not even realize that you are not capable of driving because you’re intoxicated, but once you see those blue and red flashing lights, you know that you are in trouble. When that…
Being charged with driving under the influence is a very serious, and if you’re found guilty, you can face tough penalties. The attorneys at Hilf & Hilf are compassionate to your current legal situation, and we’ve represented many people that were facing similar charges. Even though each case is unique, there are…
DUI is a term many of us have heard before, and also something we all fear. Driving under the influence is dangerous for the driver and for all others on the road. Due to the seriousness of a DUI, Michigan places very severe penalties to discourage people to drive while intoxicated.…
Whenever you see a brawl at a bar, or a fight at school, what you observed was an assault and battery under the law. There is a distinction between the two but they are typically together because they go hand and hand. Assault and battery penalties are varies depending on…
Movies, television shows, and books portray public defenders as second-class attorneys that are incompetent while private attorneys only care about making money and do not put their clients first. Both of these classifications of attorneys portrayed in entertainment are false. While there is a difference between public defenders and private attorneys,…
It is very common for someone accused of a crime to seek an adjournment of their trial. There are many reasons why someone would want an adjournment, including: the desire to retain new counsel; the need to obtain additional discovery; the need for additional preparation; the unavailability of witnesses on the…
Typically when a confession is being contested in a criminal case the Defendant’s lawyer will file a motion with the Court assigned to the case and request an evidentiary hearing pursuant to People v Walker, 374 Mich 331 (1965). The hearing considers the totality of the circumstances surrounding the statement made.…
The Fourth Amendment to the United States and Michigan Constitutions, Michigan Statutory law, and case law govern the use and legality of search warrants in Michigan for State court proceedings. The 4th Amendment to the United States Constitution provides for “[t]he right of the people to be secure in their persons, houses, papers, and effects,…
The prosecution in Michigan generally does not have to present every witness at trial, but must produce enough evidence on every element of the charged offense to withstand a motion for directed verdict at the conclusion of the prosecution’s case. Michigan Court Rule 6.419 provides that “after the prosecutor has…