Courts

February 21, 2015

Troy Michigan City Criminal Offenses – Drugs

The following are misdemeanor drug offenses that are regularly prosecuted by the Troy Michigan city attorney under the Troy Michigan local ordinances. The numbers listed below are from the Troy Criminal Code:

98.11.01 Possession or Use of Marijuana. No person shall knowingly or intentionally possess or use marijuana except as authorized by state law. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 93 days or by a fine of not more than $500, or both.

98.11.02 Possession of Drug Paraphernalia No person shall possess a hypodermic syringe or needle or any other instrument or implement adapted for the use of narcotic or dangerous drugs. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both.

February 21, 2015

Troy Michigan City Criminal Ordinances – Alcohol (Driving Related Offenses)

by Hilf & Hilf, PLC

The following are misdemeanor alcohol driving offenses that are regularly prosecuted by the Troy Michigan city attorney under the Troy Michigan local ordinances. The numbers listed below are from the Troy Criminal Code:

5.15 Operating While Intoxicated. A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within the City of Troy if the person is operating while intoxicated. As used in this section, “operating while intoxicated” means either:

a) the person is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance, or

February 20, 2015

Defrauding an Innkeeper

by Hilf & Hilf, PLC

Defrauding an innkeeper in Michigan is a misdemeanor offense that carries a maximum penalty of 93 days in jail and a fine of up to $500. If convicted, the court can also elect to place the individual on probation for up to 2 years. This offense can be charged either under state law or local ordinance. Basically this offense occurs when a person fails to pay their bill at a restaurant, bar, cafe, hotel, or motel with the intent to defraud the business establishment. The state law for defrauding an innkeeper is listed below:

750.292 Hotel, motel, inn, restaurant, cafe; defrauding; limitation on proceedings.

Any person who shall put up at any hotel, motel, inn, restaurant or cafe as a guest and shall procure any food, entertainment or accommodation without paying therefor, except when credit is given therefor by express agreement, with intent to defraud such keeper thereof out of the pay for the same, or, who, with intent to defraud such keeper out of the pay therefor, shall obtain credit at any hotel, motel, inn, restaurant or cafe for such food, entertainment or accommodation, by means of any false show of baggage or effects brought thereto, is guilty of a misdemeanor. No conviction shall be had under the provisions of this section unless complaint is made within 60 days of the time of the violation hereof.

February 20, 2015

Troy City Criminal Ordinances – Assault

by Hilf & Hilf, PLC

The following are misdemeanor assault offenses that are regularly prosecuted by the Troy Michigan city attorney under the Troy Michigan local ordinances. The numbers listed below are from the Troy Criminal Code:

98.02.01 Domestic Assault and Battery. No person shall commit a domestic assault or domestic assault and batter on another person. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 93 days or by a fine of not more than $500, or both. “Domestic assault and battery” includes an individual who assaults or assaults and batters his or her spouse or former spouse, an individual which whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household. “Dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between two individuals in a business or social context.

98.02.02 Assault and Battery. No person shall commit an assault or an assault and battery on another person. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 93 days or by a fine of not more than $500, or both.

February 20, 2015

Troy Michigan City Criminal Ordinances – Indecent Conduct

by Hilf & Hilf, PLC

The following are misdemeanor indecent conduct offenses that are regularly prosecuted by the Troy Michigan city attorney under the Troy Michigan local ordinances. The numbers listed below are from the Troy Criminal Code at the time of this blog:

98.03.01 Indecent Exposure. No person shall make any indecent exhibition or exposure of his or her person. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 93 days or by a fine of not more than $500, or both.

98.03.02 Indecent Conduct. No person shall engage on any indecent or obscene conduct in any public place. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both.

February 20, 2015

Troy Michigan City Criminal Ordinances – Destruction of Property

by Hilf & Hilf, PLC

The following are misdemeanor destruction of property offenses that are regularly prosecuted by the Troy Michigan city attorney under the Troy Michigan local ordinances. The numbers listed below are from the Troy Criminal Code at the time of this blog:

98.04.01 Malicious Destruction of Property. No person shall willfully destroy, remove, damage, or alter in any manner deface any property not his or her own. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 93 days or by a fine of not more than $500, or both.

98.04.02 Tamper with Water Meter. No person shall disturb, tamper with, disconnect or damage any City water meter without proper authority. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 93 days or by a fine of not more than $500, or both.

February 20, 2015

Troy Michigan City Criminal Ordinances – Disorderly Conduct

by Hilf & Hilf, PLC

The following are misdemeanor disorderly conduct offenses that are regularly prosecuted by the Troy Michigan city attorney under the Troy Michigan local ordinances. The numbers listed below are from the Troy Criminal Code at the time of this blog:

98.05.01 Trespass by Willful Entry. No person shall willfully enter upon the lands or premises of another without lawful authority, after having been forbidden to do so by the owner or occupant, or agent or servant of the owner or occupant. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both.

98.05.02 Trespass by Refusing to Depart. No person shall, except a person with lawful authority, shall neglect or refuse to depart from the land or premises of another, after having been notified to depart by the owner or occupant, or agent or servant of either. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both.

February 9, 2015

Habitual Information Sentencing in Michigan

by Hilf & Hilf, PLC

In cases prosecuted by the State of Michigan (either by the Attorney General or County Prosecutor), persons convicted of a felony, an attempted felony, or a high court misdemeanor offense may be subject to habitual sentencing when the person has at least one prior conviction for a felony, attempted, felony of high court misdemeanor. Habitual offender sentencing may result in a higher maximum possible sentence, a higher sentencing guideline range, and in some cases, a mandatory minimum sentence.

Prosecution Must Provide the Defendant with Sufficient Notice to Charge as a Habitual Offender

The Prosecution must provide notice to the Defense within 21 days of the Circuit Court arraignment to proceed with the sentencing enhancement. The Habitual information (which is often also referred to as a notice to seek sentence enhancement) is a written document that lists the date(s), location(s), and offense(s) that are being used for sentencing enhancement purposes. It also lists the maximum penalty allowable by Michigan law based upon the sentence enhancement.

November 3, 2014

Tips for Finding a Qualified Michigan Criminal Defense Lawyer

by Hilf & Hilf, PLC

It doesn’t have to be difficult to find the right legal representative. The search itself should not be frustrating and cumbersome. Check out these suggestions for finding a good criminal defense attorney.

A great attorney shows respect to those who may have come before them. Good criminal defense lawyers should also respect fellow legal representatives who may have contributed to the community. Typically, they spend a lot of time studying the success of these legal representatives. This is a great way to learn lessons both in and out of the courtroom.

Defense lawyers, just like all other professional, are required to get some type of license. Your legal representative should be licensed to practice in your state. Ensure that your legal representative holds the proper certification, which should be clearly visible in their office where clients can see it.

October 2, 2014

What Happens After I Get a DUI?

by Hilf & Hilf, PLC

Although it isn’t easy, it is sometimes possible to get DUI charges dropped. A more likely outcome is to attempt to have your consequences reduced. Receiving a lighter punishment, a lighter charge, or in some cases a dismissal, relies on a strong legal defense and quality representation. If you’ve been legitimately charged with a DUI, chances are there will be some consequences. The consequences can range in severity depending on your case, your history, and the quality of your representation

Most first time DUI offenders get placed on some type of probation, but it is possible for the court to order you to serve time in county jail. This is true even for misdemeanor offenses, depending on the laws in your state. Depending upon the blood alcohol level, a first time DUI offender may wind up having their driver’s license suspended, however in some cases a restricted driver’s license can be obtained. Sanctions on the driver’s license are largely a function of the Secretary of State, based upon the type of conviction incurred. It is important to note that any sanctions begin soon after conviction, rather than at the time of sentencing. For persons convicted of a DUI related offense the Judge is not allowed to sentence the individual until after he or she is interviewed by the probation department and an alcohol assessment is reviewed. The alcohol assessment is a written test that questions a person’s alcohol/drug history so the Judge can decide what, if any, rehabilitative services are needed.

Conditions for probation also vary significantly in length, fees, and terms. In some cases you may be required to attend drug or alcohol counseling, submit to regular urine analysis, and/or perform community service.