Courts

August 21, 2014

If You’ve Been Arrested You Need a Trusted Criminal Defense Attorney

Anyone can have a run-in with the law, even if your only prior offense is a minor traffic ticket. If you find yourself in the back of a squad car, you may not understand where you’re going or what’s going to happen. In this situation, it’s extremely important for you to protect your rights and protect your future. The first thing you need to do is obtain strong legal representation from an experienced criminal defense attorney.

Early intervention by a skilled criminal defense lawyer may make a difference in the outcome of your whole case. In some cases, a lawyer may even be able to negotiate with the prosecuting attorney to avoid having charges filed in the first place. It is important to cooperate with the police, stay calm, and remember that an arrest is not a conviction. Provide your personal information to the police, but do not discuss the incident of your charges with them. Exercise your right to remain silent, as anything you say to the police can be used against you in court. It is important to remember that police officers and detectives are trained in methods of obtaining confessions and statements against interests from the persons they interview.

You have probably heard this phrase many times before but it’s important to remember its significance in this situation: you are innocent until proven guilty. It is the state’s burden to prove your guilt beyond a reasonable doubt. Early intervention from a knowledgeable attorney will expedite the process of gathering evidence and building a solid defense on your behalf. As an expert in criminal law, an attorney can find weaknesses in the prosecution’s case and possibly have your charges dismissed or secure a “not guilty” verdict at trial. You will be guided through the whole judicial process from beginning to end by an experienced lawyer. This will help reduce the stress, anxiety, and frustrations you may experience as the case works it way through the judicial process. An experienced criminal defense lawyer can answer your questions in a forthright manner, and give you the confidence that the correct result will be obtained when everything is said or done.

July 10, 2014

Shoplifting investigation

by Hilf & Hilf, PLC

In defending persons accused of retail fraud, it is important to understand the procedures used by major retail stores in their investigations. Mistakes in judgment sometimes occur – leading to false arrests. Sometimes the situation is misinterpreted by loss prevention and police officers due to cultural issues. Procedural errors can sometimes also lead to acquittal or dismissal of the case. Having an experienced criminal lawyer, such as the lawyers at Hilf & Hilf, PLC, often results in receiving the best possible result, which often can include not having a conviction appear on a public record. A theft related conviction can result in imprisonment, probation, loss of employment opportunities, loss of education opportunities, loss of gun rights, loss of money, immigration complications for non-citizens, and embarrassment.

Major retail stores have developed policies and procedures with respect to retail fraud with the goals of: reducing losses due to theft; avoiding litigation for false arrests, false imprisonment, injuries, etc.; reducing insurance expenses; and deterring theft. Major retail stores include Sears, JcPenney, Target, Home Depot, Lowes, Macys, Kohls, Best Buy, etc. The information in this blog is only intended to provide general information and does not represent the views, policies, decision making, or procedures of any particular store or company.

It is important to have an experienced criminal lawyer, such as Attorney Daniel Hilf of the law firm Hilf & Hilf, PLC, who understands the policies and procedures of loss prevention/asset prevention. Knowledge of these areas can help build a successful defense, or a successful outcome, to your retail fraud case.

June 30, 2014

CSC Cases and HYTA

by Hilf & Hilf, PLC

The Holmes Youthful Trainee Act (HYTA) provides an avenue for persons that are from 17 years old to before the person’s 21st birthday (at the time of the offense) to avoid a conviction and Sex Offender Registration Act (SORA) compliance. Although a Defendant charged with a sex offense might be age eligible for HYTA there are other requirements pursuant to Michigan Compiled Law (MCL) 762.11 which might prevent the Defendant from receiving HYTA:

1) The Defendant must plead guilty, according to MCL 762.11(1). A Defendant who is convicted at trial is ineligible for HYTA status. The statute also does not provide for HYTA status for Defendants that plead no contest;

2) The Defendant must not have a prior conviction or adjudication for an offense which requires SORA registration, pursuant to MCL 762.11(3)(a). This applies to persons that have a prior sex offense as an adult or juvenile.

June 18, 2014

Why You Need a Criminal Defense Attorney in Oakland County MI

by Hilf & Hilf, PLC

According to the U.S. Census Bureau, Oakland County is the second most populated county in Michigan with a population of over 1.2 million residents. A large population can lead to strict law enforcement and heavily policed streets. Over 25,000 Oakland County arrests were made in 2012 alone, according to a report by the Criminal Justice Information Center of Michigan. Rigorous police enforcement and emphasis on arrests can lead to false imprisonment and wrongful convictions, especially if you are a minority or have a past record. Should you ever find yourself arrested for a crime, it is important to retain the counsel of a qualified criminal defense attorney to protect your rights.

Criminal law is a complex body of legislation that is unique to each state. A criminal defense attorney has an understanding of probable cause and can challenge an arresting officer’s reasoning in court. Before a trial even begins, a criminal defense lawyer may be able to convince a court to drop charges against you based on insufficient evidence. An attorney may also effectively negotiate a plea bargain to reduce your charges when appropriate. In some instances, the experienced criminal defense lawyer can reach a sentence agreement with the Court to avoid an otherwise harsh result.

For persons who are not United States citizens that have criminal charges pending, an experienced criminal defense lawyer with immigration experience is mandatory. Many criminal defense lawyers, even experienced criminal defense lawyers, do not have sufficient knowledge and ability to help clients with criminal cases that have immigration issues. Hilf & Hilf, PLC is one of the few firms in Michigan that have legal experts in both criminal defense and immigration law.

June 3, 2014

Top Criminal Lawyer in Michigan Daniel Hilf

by Hilf & Hilf, PLC

If you have been accused of a crime, you must retain the services of a criminal defense attorney immediately. Finding the right criminal defense attorney is crucial to the outcome of your case and will impact the rest of your life. Don’t put your future at stake—take great care when selecting an attorney to represent you in court. Daniel Hilf is an expert criminal defense attorney who has been specializing in criminal defense for almost two decades and can get you the results you deserve.

Daniel Hilf possesses the qualities to increase your confidence in his ability to represent you effectively.

He cares about your case. Defendants in criminal prosecutions often feel embarrassed, fearful, and depressed. Daniel Hilf offers aggressive, compassionate counsel and moves quickly to ensure your security. He understands the impact a criminal case can have on your life and acts accordingly to get you positive results. Daniel Hilf is a conscientious attorney who will listen to you and take any sufficient information to proactively incorporate it in a strong defense strategy. He understands that no case is more important than yours.

November 6, 2013

Michigan Criminal and Traffic Case Abbreviation Codes

by Hilf & Hilf, PLC

The following are a list of case abbreviations used in Michigan Courts for misdemeanors, felonies, criminal appeals, forfeiture, and juvenile offenses for alleged state law and ordinance violations. They are often referred to as case codes. These two letter abbreviations follow the case number that appears on every Court pleading usually in the upper right hand of the page, and the two letter abbreviations themselves do not always seem to match the subject matter of the litigation. There are also case codes for other civil and probate matters that are not included here.

Persons with any of the following matters should consult with an experienced lawyer, such as the lawyers at Hilf & Hilf, PLC.

AP – Appeal of Parole Board Decisions.

September 9, 2013

Prosecution Use of Recorded Jail Phone Conversations

by Hilf & Hilf, PLC

In jails and correctional facilities there is more often than not a sign posted at the pay telephone in the jail that calls are subject to monitoring. Many incarcerated individuals either ignore the sign, or forget about the warning, when calling the outside world. My practice has always been to warn my clients about making any statements to anyone else besides myself, and always in a private location.

Several times in my career I have been called by Prosecutors informing me that they have additional evidence which they intend to use at trial. A few days later I receive in the mail compact disk recordings between my client and friends or family members discussing aspects of the criminal charge or charges despite my warnings. The best way to prevent this is to never discuss the case over the jail telephone.

Mail is also monitored by jail or prison deputies, with copies of correspondence often being provided to the Prosecution. The jail or correctional facility also keeps track of who visits a particular inmate, which might have evidentiary value by the Prosecution in certain circumstances.

August 30, 2013

Crime Victims Help in Michigan

by Hilf & Hilf, PLC

Victims of crime often suffer many forms of mental, emotional, and financial injury as a result of actions of others. Pursuing justice is often a daunting, intimidating process that can lead a crime victim to feel helpless. In Michigan, many people are unaware that crime victims have rights that are guaranteed by our State Constitution.

Article 1, Section 24 of Michigan’s Constitution guarantees:

1) the right to be treated with fairness and respect. That your dignity and privacy will be maintained throughout the criminal justice process;

August 15, 2013

Legally Driving in Michigan with a Mexican Driver’s License

by Hilf & Hilf, PLC

Persons who are not citizens of the United States often have trouble obtaining driver’s licenses in the State of Michigan. With the state of public transportation, the only way for persons to get from one destination to another is by automobile. If person cannot obtain a Michigan driver’s license, what can be done?

There are treaties that exist between the United States and some foreign countries that allow foreigners to drive in the United States as long as they have a valid driver’s license from their home country and an international driver’s license. It only makes sense that a shopper from Canada or a truck driver from Mexico is allowed to lawfully travel in Michigan and other States. There is case law in Michigan that supports this.

According to the Michigan Court of Appeals decision of People v. Valeriano Acosta-Bautista, 296 Mich App 404 (2012), Michigan recognizes and observes a longstanding treaty that allows foreign nationals from certain countries to drive legally in Michigan if they have a valid license from their home country. Attorney Daniel Hilf of the law firm of Hilf & Hilf, PLC has litigated this issue in Court successfully on many occasions. We have experience in traffic, criminal, and immigration cases.

August 7, 2013

Urban Drug Court

by Hilf & Hilf, PLC

The Urban Drug Court is a sentencing option for persons convicted of non violent crimes that occur in the city of Pontiac, Michigan. The residency of the Defendant does not have to be in Pontiac – just the non violent crime must have occurred there. A violent crime is defined as an offense involving the death or serious bodily injury to any individual OR the carrying, possessing, or use of a firearm or other dangerous weapon, whether or not it is an element of the crime. Other participation requirements of this program include: the participant may not have a prior conviction for a felony involving the use or attempted use of force against another with the intent to cause death or serious bodily harm; the participant must have either a substance abuse or dual dependence diagnosis; and the participant must be willing to admit that he or she has a drug problem and are willing to do something about it.

The length of the Urban Drug Court program is anywhere from a year to two years. Discharge occurs when it is felt that the participant has successfully completed all components of the program and has shown a commitment to their recovery. Entry into this program is not automatic. The Defendant is evaluated by the Urban Drug Court team to determine their eligibility, and it is up to the sentencing Judge to allow for the program.

The program involves: frequent, random drug and alcohol tests; attendance and participation in Drug Court every other week; support groups such as AA, NA, or Smart Recovery; appearing and participating in counseling sessions; completing any assignments; abstinence from drugs and alcohol; avoiding contact with known drug users; obeying all laws; reporting to probation as ordered; obeying all rules of the Urban Drug Court and any treatment center that the person is involved with. There are some funds available through the program to cover the costs of the alcohol/drug treatment.