Courts

May 15, 2012

Top 10 Complaints About Court Appointed Attorneys and Public Defenders

Several years ago there was a call in Michigan and throughout the United States to reform the Court appointed attorney and public defender system. Since the economic meltdown that resulted in a lower tax base for local, state, and Federal governments, that call has largely been forgotten. Even without the current economic conditions, the priorty to help individuals accused of crimes through providing competent legal representation has never been a priority within our society and government. Many (but not all) Court appointed attorneys and public defenders provide a very adequate defense with the limited resources that they have. Complaints – right or wrong – persist against Court appointed attorneys and public defenders in general, with the belief or assumption that a retained lawyer would do much better. The 10 most common complaints about Court appointed attorneys and public defenders include:

1. The attorney will not return my phone calls.

A lawyer is supposed to keep his or her client reasonably informed as to the case so that appropriate, voluntary, knowing, and understanding decisions are made during the course of the legal representation. That duty to inform does not extend to family members and friends of the client, and sometimes these complaints are based upon the feelings of friends and family members.

May 10, 2012

Welfare Fraud

by Hilf & Hilf, PLC

In Michigan Welfare Fraud can have several possible criminal consequences:

It is a crime under MCL 400.60 for a person to make a false statement, false representation, false impersonation, or otherwise to commit a fraud (or aid and abet in the commission of a fraud) to obtain assistance or relief which he or she is not is not justly entitled to receive. It is also a crime to receive a larger amount of assistance or relief that the person is justly entitled to receive An officer or employee of the Michigan Family Independence Agency who authorizes or recommends relief to persons known by the individual to be ineligible or to have fraudulently created their eligibility can also be prosecuted for Welfare Fraud. A person who knowingly buys, or aids or abets in buying or disposing of the assistance received by an individual from the Michigan Family Independence Agency without the consent of the director or supervisor of the state agency can also be prosecuted as well. A person who receives benefits either directly or through a relative who has a change of circumstances that may affect the amount of assistance available could also face a criminal charge of Welfare Fraud for failing to disclose the change of circumstances.

The punishment depends upon the amount of the benefit received. If the amount involved is $500 (five hundred dollars) or less, the offense is a 1 year maximum misdemeanor. If the amount involved is greater than $500 (five hundred dollars), the offense is a 4 year maximum felony. The amount calculated is the difference between the lawful amount of assistance or aid and the amount of assistance or aid actually received. Naturally, an officer or employee of the Michigan Family Independence Agency who is convicted of any of the above referenced Welfare Fraud offenses will lose their job as well.

May 8, 2012

Gross Indecency

by Hilf & Hilf, PLC

Gross Indecency basically involves a sexual act between 2 or more persons in a public place, or in a location where a member of the public could have been exposed to or viewed the sexual act. Locations such as a rest stop, a public bathroom, a public park, and in a private home but in front of a window are all places in which sexual acts between consenting adults have and will result in prosecution for Gross Indecency in many instances. A sexual act is more than just kissing for purposes of this offense; there must be some form of touching of a private part or sexual penetration between persons involving 1 or more private parts.

There are 3 offenses related to Gross Indecency in Michigan: Gross Indecency between Male and Female Persons (MCL 750.338b); Gross Indecency between Female Persons (MCL 750.338a); and Gross Indecency between Male Persons (MCL 750.338). Regardless of the sex or sexual orientation of the participants, the potential penalty is the same – Gross Indecency is a felony offense which carries a possible punishment of up to 4 years in prison or a fine of not more than $2500. If the participant is deemed to be a sexually delinquent person, the Defendant (if convicted) faces an indeterminate prison sentence with a mandatory minimum of 1 day and a maximum of life. A sexually delinquent person is defined as a person whose sexual behavior is characterized by repetitive or compulsive acts which indicate a disregard of the consequences of the recognized rights of others, or by the use of force upon another person in attempting sexual relations of either a heterosexual or homosexual nature, or by the commission of sexual aggressions against children under the age of 16 years.

Gross Indecency may subject a Defendant, if convicted, to the requirements of the Michigan Sex Offender Registration Act. Gross Indecency involving a victim less than 13 years old will result in a Tier III registration requirement pursuant to MCL 750.388, MCL 750.388a, and MCL 750.388b. Tier III cases are the most severe sex offenses, which places the offender on a lifetime public registry. The information must be verified by the offender with law enforcement at least 4 times a year; January 1st through 15th; April 1st through 15th; July 1st through 15th; October 1st through 15th.

May 2, 2012

Animal Fighting and Animal Cruelty

by Hilf & Hilf, PLC

There are a number of criminal offenses in Michigan related to Animal Fighting, Animal Neglect and Animal Cruelty. An “animal” is broadly defined by Michigan law as a vertebrate other than a human. Hence, these crimes can involve just about any type of animal.

Animal Fighting Offenses

Any of the following offenses are categorized as felonies, pursuant to MCL 750.49(2)(a) through (e), which carry a maximum term of incarceration up to 4 years, a fine of not less than $5,000 or more than $50,000, and not less than 500 or more than 1,000 hours of community service:

April 23, 2012

Aggravated Assault

by Hilf & Hilf, PLC

In Michigan, a person who assaults an individual without a weapon and inflicts serious or aggravated injury, without intending to commit murder or to inflict great bodily harm less than murder, can be charged with a misdemeanor offense called Aggravated Assault. Aggravated Assault is a misdemeanor offense that carries a maximum possible sentence of 1 year in jail and/or a possible fine of up to $1,000. A serious or aggravated injury is defined as a physical injury that requires immediate medical treatment or that causes disfigurement, impairment of health, or impairment of a part of the body.

The offense becomes a 2 year maximum felony (Aggravated Domestic Violence) if all of the following occur:

First, the instant charge is Aggravated Assault;

April 22, 2012

Circuit Court for State of Michigan Cases

by Hilf & Hilf, PLC

Circuit Courts in Michigan have jurisdiction over the following types of matters under state law:

1. Arraignments for criminal high misdemeanor and felony cases. A Circuit Court Judge has the power to modify or revoke an existing bond when warranted.

2. Criminal high misdemeanor court proceedings including pleas and trials in which the maximum punishment is greater than 1 year in the county jail, Sentencing when a conviction is entered through a plea or at the conclusion of a trial.

April 19, 2012

Can A Police Officer Arrest Me Without Evidence

by Hilf & Hilf, PLC

Can A Police Officer Arrest Me Without Evidence?

A determination needs to be made by a police officer that there is probable cause in order to make an arrest. Probable (or reasonable) cause for an arrest exists when the facts are sufficient to cause a fair minded person of average intelligence to believe that the Defendant committed the alleged crime. If the police officer makes a probable cause determination, one of several things can happen:

1) The police officer can make an arrest if a misdemeanor or felony is committed in a police officer’s presence, or when a police officer has probable (or reasonable) cause to believe a misdemeanor or felony was committed and probable (or reasonable) cause to believe that the Defendant committed the offense.

April 10, 2012

Drug Paraphernalia

by Hilf & Hilf, PLC

Possession of Drug Paraphernalia in Michigan, pursuant to MCL 333.7451 and MCL 333.7455(1), is a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $5,000, or both. Sale of Drug Paraphernalia by a person 18 years old or older to someone under the age of 18 years in Michigan, according to MCL 333.74511 and MCL 333.7455(2), is a misdemeanor punishable by imprisonment for not more than 1 year, or a fine of not more than $7,500, or both. These offenses are also sometimes prosecuted as local ordinance violations which are also considered to be misdemeanors. A person convicted of either Possession of Drug Paraphernalia or Sale of Drug Paraphernalia is not eligible for section 333.7411 (which is a special provision in Michigan law to have the offense not appear on a Defendant’s record). However, these offenses are eventually eligible for expungment, if the person otherwise qualifies, 5 years after the conviction is entered or incarceration ceases (whichever is later).

What is Drug Paraphernalia? Drug paraphernalia is defined under MCL 333.7451 as any equipment, product, material, or combination of equipment, products, or material, which is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. Examples of Drug Paraphernalia include (but are not limited to): marijuana pipes, marijuana grinders, rolling papers, heroin works kits (spoon, syringe, hose, etc), cocaine kits (razor blade, mirror, etc.), snorters, scales for weighing drugs, etc.

Will I Be Prosecuted For Possessing Something That Could Be Used As Drug Paraphernalia? The law in Michigan recognizes that there are devices that have legitimate uses which can also be used as Drug Paraphernalia such as hypodermic needles, pipes, mixing devices, etc. Under MCL 333.7457 persons that sell these items for legitimate purposes are not going to be prosecuted. For the consumer or user of an item such as a hypodermic needle (that has a potentially legitimate and a potentially illicit purpose) the intent of the person who possesses the item is the key issue. For example, a diabetic who possesses a hypodermic needle to inject insulin has committed no crime. However, a hypodermic needle found with a spoon and a lighter is evidence that the intent of the possessor of those items is to use heroin and would likely be classified as Drug Paraphernalia by a police officer, city attorney and/or prosecutor. A person with rolling papers together with marijuana should be treated differently under the law in Michigan than a person with rolling papers together with regular tobacco.

April 9, 2012

District Courts for State of Michigan Cases

by Hilf & Hilf, PLC

District Courts in Michigan have jurisdiction over the following types of matters under state and local law:

1. Arraignments and setting of bond for criminal misdemeanor and felony cases, the acceptance of bonds;

2. Criminal misdemeanor cases in which the punishment does not exceed 1 year in the county jail;

April 7, 2012

Extradition to Michigan

by Hilf & Hilf, PLC

Hiring a criminal defense attorney for legal representation for yourself, a family member, or a friend for a criminal arrest or criminal allegation sometimes is very difficult, especially when extradition occurs. Although a Defendant can challenge the extradition at a hearing, by and large the only issue when someone is extradited from Michigan is whether or not the Defendant is the same person who is named on the out of state warrant. Innocence of the Defendant, even when his or her innocence is overwhelming, will not prevent extradition from occurring.

One of the hardest parts when someone is extradited to Michigan and needs a criminal lawyer is that it is often an unexpected expense which usually comes at the worst possible time. An experienced criminal lawyer is a necessity in as much as the person who is extradited to Michigan is already at a disadvantage with the Court as it relates to bond and potential issues concerning flight to avoid prosecution. Under the best of circumstances, money is available to retain the criminal defense lawyer for the agreed upon amount and the issue of ability to pay is not an issue.

When retaining a Michigan lawyer from out of state, the most common methods of payment are: credit card payments, money transfers between bank accounts, wiring money, and mailing checks or money orders. Checks or money orders are usually sent overnight mail due to the need for a lawyer to take action immediately. A written fee agreement can be sent through email or regular mail after an understanding as to the terms of representation are reached over the telephone. Of course, in some instances family members and/or friends of the Defendant travel from out of state to Michigan in order to show support and to find a criminal lawyer. If contact is made with Hilf & Hilf, PLC, an appointment can be scheduled to meet at our law offices at a mutually convenient time so that your questions and concerns are promptly addressed, and immediate steps can start in the defense of your loved one by an experienced criminal defense lawyer.