Courts

October 4, 2011

Automobile Theft Related Criminal Offenses

There are a number of different criminal offenses related to the stealing or unlawful use of an automobile in Michigan. If charged with one of these offenses, you should seek the help of an experienced criminal defense attorney such as attorney Daniel Hilf.

Unlawfully Driving Away an Automobile (UDAA) is a felony in Michigan that carries a maximum sentence of 5 years of incarceration. To prove this crime, the prosecution must establish beyond a reasonable doubt that the Defendant did either buy, possess, conceal, or aid in the concealment of a stolen motor vehicle, knowing or having reason to know or reason to believe that the motor vehicle was stolen, embezzled, or converted. The prosecution must prove that this was done without authority or without the owner’s permission. Also, it does not matter if the Defendant intended to keep the vehicle.

Unlawful Use of an Automobile (Unlawful Use of a Motor Vehicle) is a lesser offense of Unlawfully Driving Away an Automobile. The difference between these two offenses is that Unlawfully Driving Away an Automobile involves the unlawful taking of the Motor Vehicle in the first place. Unlawful Use of an Automobile applies if the Defendant got possession of the vehicle lawfully in the first place but then used it in a way that he or she knew was unauthorized.

September 21, 2011

Fraudulent and Bad Check Cases: Uttering and Publishing; Forgery; Non sufficient Funds Check; No Account Check

by Hilf & Hilf, PLC

There are a lot of different “paper crimes” in Michigan, which carry different potential punishments depending upon the circumstances. For any financial crime it is important to hire an effective lawyer, such as Attorney Daniel Hilf.

Fraudulent Check Cases

Forgery in Michigan is a felony that carries a maximum punishment of 14 years in prison. For the offense of Forgery, the Prosecution must prove the following elements beyond a reasonable doubt:

September 20, 2011

Discrimination Related Offenses

by Hilf & Hilf, PLC

Ethnic Intimidation, under Michigan Compiled Law 750.147b, is a 2 year maximum felony offense in the State of Michigan. To prove this offense, the Prosecutor would have to prove beyond a reasonable doubt the following:

1) The Defendant either:

a) Caused physical contact with the alleged victim;

September 19, 2011

Arson

by Hilf & Hilf, PLC

When a fire occurs, the law assumes that it had a natural or accidental cause unless the Prosecution can prove beyond a reasonable doubt that the fire was set intentionally. When an criminal investigation commences it is important to hire an experienced criminal lawyer fast.

Arson of a Dwelling House is a 20 year maximum felony under Michigan law. The crime of Arson of a Dwelling House has 3 elements that the Prosecution must prove beyond a reasonable doubt in order to convict:

1) The Defendant burned the home or dwelling in question. Burn means to either set fire, do anything that results in the starting of a fire, or helping or persuading someone else to start a fire. If any part of the home is burned, no matter how small, that is all that is necessary to count as burning – the property does not have to be completely destroyed. Blackend by smoke is not considered as burning; any charring is considered as burning.

September 16, 2011

Malicious Destruction of Property

by Hilf & Hilf, PLC

Malicious Destruction of Property can involve personal property such as a car, a building (or a permanent attachment to a building), tomb, memorial, a school bus, fire or police department property, mine property, trees, plants, turf, bridges, railroads, locks, dams, canals, mills, or vessels. The 2 main categories are Malicious Destruction of Property (MDOP) and Malicious Destruction of a Building (MDOB).

Malicious Destruction of Personal Property (MDOP) – in order to convict, the Prosecution must prove the following elements beyond a reasonable doubt:

1) The property belonged to someone else.

September 13, 2011

Contempt of Court

by Hilf & Hilf, PLC

Contempt of Court is a willful act, omission, or statement that tends to impair the authority or impede the functioning of a Court. Any allegation of contempt of court will require an effective and experienced lawyer. There are 3 types of sanctions:

1) Criminal Contempt – Criminal Contempt is intended to preserve the Court’s authority by punishing past misconduct through imposition of a fixed sanction where there is no opportunity or need for the Court to compel the individual or entity’s compliance with its order. The intent of the person or entity must be willful. Criminal Contempt sanctions could include a jail term of up to 93 days per single Contempt act and/or fines up to $7500 per single act of contemt , that are intended to punish the behavior.

2) Civil Contempt – Sanctions for civil contempt are coercive and remedial in nature. They are intended to compel compliance with a Court’s directives by imposing a conditional sanction until the individual or entity complies or no longer has a duty to comply. The intent of the person or entity can be either wilfull or unwillful. Civil Contempt sanctions typically include a fine or a jail term that ends when the offending behavior ends, and money damages may be awarded to the injured party. In Civil Contempt proceedings, the person or entity in Contempt of Court must be given the opportunity to purge himself, herself, or itself of the contempt by complying with the conditions set by the Court to remedy the situation.

September 12, 2011

Felony Firearm

by Hilf & Hilf, PLC

In Michigan, the Use of a Firearm in the Commission of a Felony (Michigan Compiled Laws section 750.227b), also known as Felony Firearm, carries significant punishment. As a first offense, the mandatory incarceration is a flat 2 years in prison; as a second offense, a mandatory, flat 5 years in prison; and as a third offense the mandatory punishment is a flat 10 years in prison. The law provides for consecutive, or “stacked” sentencing. Hence, an individual who was convicted of selling marijuana and Felony Firearm first offense must serve 2 years in prison for the Felony Firearm before beginning to serve the sentence for selling marijuana. In most circumstances, the Judge has no discretion and MUST impose the flat, consecutive 2, 5, or 10 year sentence as required by Michigan law.

A determination of guilt can be based upon actually possessing the firearm on a person (for example, in a coat pocket), or constructively possessing the firearm (for example, in the glove compartment of the car). However, there must be a nexus (a connected relationship) between the possession of the firearm and the commission of an applicable underlying felony with the firearm. A person stealing a car in Detroit could not be charged with Felony Firearm for a gun found in the person’s house in West Bloomfield which has nothing to do with the stealing of the car.

Prosecutors are very eager to charge Felony Firearm when applicable. The Michigan Legislature allows a Felony Firearm charge in connection with the charge of Felon in Possession of a Firearm. It is not considered double jeopardy under Michigan case law, and Prosecutors commonly charge these two offenses together. Because the penalty is so harsh, it is important to retain an experienced, seasoned criminal lawyer to assist you.

September 10, 2011

Sex Offenses In Michigan

by Hilf & Hilf, PLC

There are many different sex crimes and sex related offenses in Michigan, all of which require expert legal advice and representation. The penalties are severe, and can include prison, sex offender registration, and lifetime tether depending upon the circumstances.

Sometimes in life there is only 1 opportunity to get the right result.

Sex crimes, and sex related offenses, that require the help of an experienced criminal defense attorney include (but are not limited to) the following:

September 9, 2011

Expungement of a Criminal Conviction in Michigan

by Hilf & Hilf, PLC

A criminal conviction can hurt a person’s ability to obtain school loans, get accepted into some school programs, advance in a career, and obtain licensing for some employment areas. Many are embarrassed by a prior criminal conviction, and worry how it will effect their reputation, and if their past will affect their family.

While a case is still pending prior to the entry of a conviction, there are several provisions in the law that allow the conviction to become a nonpublic record such as:

1) Holmes Youthful Trainee Act – HYTA is for persons between the age of 17 and 20 years. There are some offenses in which HYTA is not allowed);

September 6, 2011

Personal Protection Orders – PPOs – in Michigan

by Hilf & Hilf, PLC

There are 2 types of Personal Protection Orders (PPOs) in Michigan, which are categorized based on the relationship between the Petitioner (the person seeking the PPO) and Respondent (the person who the PPO is sought against):

1) Domestic Relationship PPOs (under MCL 600.2950) are designed to restrain behavior that interferes with the Petitioner’s personal liberty, or that causes a reasonable fear of violence, including stalking. This type of PPO is only available against the following persons:

a) the Petitioner’s spouse or former spouse;