June 12, 2012

Bench Warrant Arraignments

There are several situations when a bench warrant is issued by a Court, leaving the Defendant with the question, “how do I turn myself in on the warrant”?

After a crime is allegedly committed, there are occasions when a police department sends a letter to a person who the police and Prosecution are accusing of a crime, indicating that a “warrant was issued for your arrest” and “you must turn yourself into the police department or risk arrest”. When faced with this situation, the individual should first hire an experienced criminal defense lawyer. Why hire a lawyer?

The lawyer is able to contact the detective assigned to the investigation to make arrangements for the surrender of the Defendant. This is done for several reasons:

June 8, 2012

Zero Tolerance Program

by Hilf & Hilf, PLC

Zero Tolerance Program (ZTP) is a drug testing program in Oakland County which can spare a Defendant a lengthy stay in the Oakland County Jail. Any individual convicted of a non violent felony or misdemeanor charge which allows for jail time, and who does not have 2 assaultive felonies over the past 10 years, is eligible. The purpose of the Zero Tolerance Program is to provide an incentive for individuals to live drug free and to be held accountable for relapse.

Typically, if the Judge elects to sentence a person to the Zero Tolerance Program he or she will suspend all or a portion of the jail sentence to allow the Defendant to participate in the Zero Tolerance Program. The Defendant must go into custody initially in order to be drug tested and to go through an orientation class at the Oakland County Jail before being placed in ZTP. The time from sentencing to release (if the Judge allows immediate participation into the Zero Tolerance Program) is usually anywhere from a couple of hours to sometime the following day. If the sentencing Judge does not provide for participation in ZTP, the Defendant will not otherwise be allowed into the program. If the Defendant does not have any issues involving drugs or alcohol, he or she is not likely to receive the benefit of ZTP at the time of sentencing.

The Defendant is required to drug and/or alcohol test as directed (which is usually a random testing schedule) and pay a $15 fee for each drug urine test and a $4 fee for each alcohol PBT test. As long as the Defendant tests when ordered and tests negative, he or she remains free. Failure to test or a dirty drug or alcohol test automatically leads to a jail sentence. The amount of jail time for a first violation is usually short, but the time increases with each subsequent violation. Three or more violations or an attempt to submit fraudulent samples to avoid testing positive usually results in the balance of the suspended jail time being served by the Defendant.

June 5, 2012

Adult Treatment Court in Oakland County, Michigan

by Hilf & Hilf, PLC

The Adult Treatment Court in Oakland County seeks to break the cycle of addiction that leads to criminal behavior through intense Court supervision and participation into various recovery and counseling services. There is also a separate program for juvenile offenders in Oakland County as well.

In order to graduate from the program, the participant must complete 4 different stages. Stage 1 takes 16 weeks to complete, and the remaining stages are for a minimum of 12 weeks per stage. The reward for completion of the program, beyond the hopeful recovery and abstinence of the participant, is the avoidance of additional incarceration (including prison in many instances otherwise) and the ability to move forward with a successful, fulfilling, and productive life.

During the 4 stages of the program the participant serves a minimum of 2 years of probation. As part of this probation the participant must: comply with all treatment court rules and probation conditions; submit and pass all ordered drug and alcohol tests; remain drug and alcohol free; stay out of trouble; attend treatment sessions as directed; make payments toward fees, costs, and restitution as directed; attend bi-weekly review hearings; attend AA or NA meetings; maintain employment or continue with education; comply with mental health treatment (if applicable); provide proof of compliance with all aspects of the Adult Treatment Court.

June 5, 2012

RESULTS Drug & Alcohol Testing

by Hilf & Hilf, PLC

For Defendants in Oakland County that are on bond or bail sentence, and Defendants who are under a misdemeanor or felony sentence in Oakland County, the Court sometimes orders drug and/or alcohol testing. Under RESULTS, the individual is assigned a letter for alcohol testing and/or a color for drug testing. The RESULTS participant must call a hotline number daily- (248) 975-9662 – to see if their letter and/or color is randomly selected for a particular day. If the letter and/or color for the day is selected that applies to a particular Defendant, he or she must report for testing at a designated RESULTS location before a designated time Make up tests are not allowed.

The 2 current RESULTS testing sites are as follows:

Pontiac/ Waterford office at 250 Elizabeth Lake Road, Suite 1700 in Pontiac, Michigan 48341;

June 1, 2012

Pretrial Services

by Hilf & Hilf, PLC

Pretrial Services is a unit of Oakland County Probation which screens individuals and provides reports to Judges and Magistrates in connection with setting bond or bail for criminal cases in Oakland County. Pretrial Services is supposed to provide neutral, non adversarial, accurate reports at initial court hearings and whenever bond conditions are reviewed by the Court.

The person from Pretrial Services assigned to a particular case attempts to interview the Defendant, obtain LEIN (criminal, traffic, PPO) records, and verify any relevant information received. Relevant information includes: employment history, education level, school history, place and length of residence, substance abuse history, mental health issues, criminal history including pending cases, and any examples of the Defendant failing to appear at Court or comply with Court judgments. The information, when possible, is verified by family members, employers, court records, the Secretary of State database, and from other sources.

The report contains a computation of sentence guidelines (if applicable), and a recommendation as to bond or bail. If the Defendant is believed to pose a risk of failing to appear at Court, conditions on the bond are suggested by Pretrial Services. The conditions could include participation in substance abuse testing, substance abuse counseling, AA, NA, refraining from alcohol and/or illicit drugs, surrendering a passport, maintaining employment, tether, no contact provisions, etc. The Judge can order the Defendant to report to Pretrial Services for supervision while on bail or bond. Supervision is assigned to the Pretrial Services Supervision Unit. Violations of any conditions of bail or bond are reported to the Prosecutor’s office and the Court. The Defendant is responsible for the cost of drug testing, alcohol testing, and/or counseling. However, there is no charge for the Pretrial Services report and supervision.

June 1, 2012

Tether and Electronic Monitoring Devices

by Hilf & Hilf, PLC

As a condition of bail, bond, or sentence a Defendant can be ordered by a Court to comply with electronic monitoring. Electronic monitoring provides Pretrial Services, Probation, and/or Parole with an opportunity to closely supervise an individual in the community. There are several types of electronic monitoring devices that are commonly used:

GPS (Global Positioning System) Tether – this allows a Defendant’s movements to be tracked by satellite and reported to the appropriate supervising agency. Hot Zones (also known as Exclusion Zones) are programmed into a computer program that runs in conjunction with the GPS tether that alert authorities whenever the Defendant goes someplace that he or she is not allowed (for example, the home or work of an alleged victim). GPS Tethers are common for persons charged or convicted of Criminal Sexual Assault, Domestic Violence, Stalking, or other crimes with a victim. In order to qualify for a GPS Tether, the Defendant must have a stable address and electricity at the address. Usually if this is ordered the Defendant is not released from custody until the GPS Tether is set up and functioning, and the alleged victim is notified as to the Defendant being released on tether.

Transdermal Alcohol Tether – this type of tether monitors the Defendant’s skin to determine his or her Blood Alcohol Level that is usually attached to his or her ankle by a bracelet. It also monitors whether attempts to circumvent the system are made, based upon tampering with the equipment or a change in the Defendant’s body temperature.

June 1, 2012

WWAM – Weekend & Weekday Alternative for Misdemeanants

by Hilf & Hilf, PLC

In Oakland County, District Court Judges have the ability to sentence a individual convicted of a misdemeanor to WWAM. WWAM is a supervised community service program in which the participant performs work for government or non profit organizations Wednesdays through Sunday. Often WWAM is ordered in lieu of a jail sentence. It is only available for misdemeanor offenses under state law or local ordinance; felony charges are not eligible for WWAM.

The participant in WWAM must report to 250 Elizabeth Lake Road,, Suite 1520 in Pontiac, Michigan no later than 8:00 am on their scheduled WWAM date. The participants are kept until 4:00 pm. Late arrivals will be prevented from participating. Failure to participate in WWAM as directed can result in a probation violation.

The participant must also dress appropriately for their work detail and based upon the weather conditions. Winter boots must be worn between November 15th and March 31st. The participant must also bring proper photo identification (Passport, Driver’s License, State ID), to prove their identity. Lunch is not provided, but the participant is allowed to bring their own lunch.

May 30, 2012

Question – Will my husband be eligible for bootcamp?

by Hilf & Hilf, PLC

Will my husband be eligible for a bootcamp ?

My husband was convicted of extortion and he got 3 to 6 years, its his first felony ever so i was wondering if he would be eligible for serving bootcamp instead of prison, please answer me and thank you so much?

In Michigan, a person facing prison may shorten their incarceration if they are placed in and successfully complete the MDOC Prisoner Boot Camp. Both men and women are candidates for the program. The first portion of the program is ninety (90) days in length, during which the inmate participates in strenuous physical exercise, community projects work, educational and vocational counseling. Inmates who successfully complete the boot camp program are immediately paroled to aftercare in the area of the inmate’s residence. The aftercare component is a combination of a 30 day residential substance abuse treatment program and 90 days on electronic monitoring. If an inmate does not exhibit a need for residential substance abuse treatment, the 30 day residential treatment program can be waived and the probationer will participate in electronic monitoring for 120 days. The inmate is then placed on 5 months of intensive monitoring. Inmates who fail the program are transferred to a regular prison to complete their sentence.

May 28, 2012

Question – What does a show cause hearing mean?

by Hilf & Hilf, PLC

I had a year probation for sub-possess/analogues. I was ordered to take drug tests for first month-every week. Had another court date where I was taken off tests. Also I was assigned non-reporting probation. I do not have a officer of the court that I reported to. My year is up and I got a notice for a hearing that says show cause hearing. What does this mean? I have not been in any trouble. Is this the end of probation? Do I take another drug test at this time? Thank you for your time.

“Show cause” basically means that you are ordered to appear before the Court, and the failure to appear will result in a bench warrant for your arrest. The “show cause” could have been ordered to see if you complied with your probation, or to possibly bring you before the Court to answer for a violation of probation. Complying with your probation means that you did everything that the Judge told you to do, which usually means: staying out of trouble; paying all fines/costs/restitution/restitution; not leaving the state without permission; not changing your address without notifying probation; not using drugs and alcohol; testing for drugs and alcohol as ordered; not submitting an adulterated or diluted drug sample; completing any community service hours that were ordered, etc. If you didn’t do everything you were asked to do, you should hire a lawyer to help you.

May 28, 2012

Question – What are my chances of getting 7411 for a possession and paraphernalia case that happened at the same time?

by Hilf & Hilf, PLC

What are my chances of getting 7411 for possession and paraphernalia citations at the same time?

I received two Misdemeanor citations in the same traffic stop, one for possession of paraphernalia and the other for possession of marijuana(very small amount). I am 28 I have never been arrested or in trouble?

You can get 7411 for possession of marijuana, but not for the paraphernalia charge. It may be possible to reach a plea bargain or under advisement sentence to address the paraphernalia charge if you intend to plead guilty. However, you should speak with an experienced criminal defense lawyer, such as the lawyers at Hilf & Hilf, PLC to see if the case can be dismissed on Constitutional grounds or is defensible at trial.