Courts

August 24, 2011

Child Neglect and Child Abuse Cases in Michigan – Your Parental Rights

Allegations in Michigan involving child neglect and child abuse cases can involve the prosecutor’s office or the attorney general’s office depending upon the jurisdiction. The allegations can be handled criminally, in family court, outside of court by child protective services, or a combination of any of these options.

Criminal Cases of Neglect or Abuse

In Michigan an individual can be charged with either a misdemeanor or felony charge of child abuse depending upon the circumstances. The individual charged with such allegation(s) can retain a criminal defense attorney to contest the charge(s), or request a court appointed attorney if he or she is indigent.

August 16, 2011

Michigan Sex Offender Registration Act – What You Need To Know

by Hilf & Hilf, PLC

The following blog contains general information, that should not be relied upon in substitution for the advice and the representation of a criminal defense lawyer familiar with the facts and circumstances of your particular case. The law is subject to modification based upon the development of legal precedent, and changes to the existing statutory law, which could effect its application to your particular circumstances.

The Michigan Sex Offender Registation Act (SORA) is found in the Michigan Compiled Laws Sections 28.721 et seq. There have been some recent amendments to the Act that were implemented on July 1, 2011. Highlights of the new changes are as follows:

Three Tier System – you should always consult with an experienced criminal defense attorney as to how a particular allegation is classified for purposes of the Michigan Sex Offender Registry

August 13, 2011

True Criminal Defense – Armed Robbery with a Duress Defense

by Hilf & Hilf, PLC

(Aug 13, 2011 ) I intentionally omitted the names of the different persons involved in the following true story, and withheld certain details, in order to maintain the privacy of my client.

As a young lawyer I received a Court assignment from Judge Alice Gilbert, which was reassigned to a conservative, bright, new Governor Engler appointed Judge named Michael Warren. My client was a gifted young sprinter who had a full ride track scholarship from a College located in the state of Michigan. In August, two weeks prior to leaving for college, a plan was hatched to rob the manager of Burger King while she made the nightly ill advised deposit of store receipts in her usual manner. The participants of the robbery included my client and his homosexual lover (the codefendant), both of whom previously worked for the Burger king during the summer, and knew the daily routine of the manager.

At the bank in question my client, the sprinter, waited in the bushes at approximately 4:00 a.m. near the night deposit box, wearing a ski mask to cover his identity and brandishing a large ornate fantasy inspired knife – like something from Dungeons and Dragons. As the manager walked to the deposit box she was punched in the face, and my client took the bag of money and started running as if he grabbed the baton at one of his track meets.

August 13, 2011

True Criminal Defense – A False Allegation of Rape And An Embarrassment to Justice

by Hilf & Hilf, PLC

I intentionally omitted the names of the different persons involved in the following true story, and withheld certain details, in order to maintain the privacy of my client.

The newspapers and television carried the story prominently – A janitor accused of raping a handicapped victim in her assisted living apartment. The magistrate set bond at one million dollars – an impossible amount for a janitor or just about anybody to post. It did not matter that he did not have a prior criminal history, that he supported his wife and children, and that he professed his innocense.

The Oakland County assistant prosecutor gave a copy of the police reports and a criminal complaint that alleged one count of Criminal Sexual Conduct in the 1st Degree. The offense carried a maximum of life in prison, and sentence guidelines which started at around 9 years. The assistant prosecutor encouraged me and my client to waive the preliminary examination, stating that if the matter went to a probable cause hearing a request would be made to add additional counts of Home Invasion and Criminal Sexual Conduct in the 1st Degree which would have increase the starting point for the sentence guidelines to about 12 years. The victim alleged her apartment was broken into by the Defendant, and multiple sexual acts occurred.

August 12, 2011

Victim Impact Panel for Drunk Driving Offenses

by Hilf & Hilf, PLC

Many persons convicted of operating while impaired (OWI), or operating under the influence are sentenced to a Victim Impact Panel. I am often asked what is a Victim Impact Panel by clients.

Victim Impact Panels are presentations that occur throughout the United States, which are sponsored by MADD (Mothers Against Drunk Driving). MADD is essentially a lobbyist group which tries to influence Judges and legislatures to impose harsh sentences for alcohol or substance related driving offenses. As a result of MADD, Victim Impact Panels are often a required condition of probation for an individual convicted of an alcohol or drug related driving offense.

At a Victim Impact Panel, the survivors and the family members of victims of alcohol and drug related accidents speak about their experiences in order for offenders and persons in the community can see and hear about the tragic circumstances with the hope that the presentation will deter their behavior from repeating itself. There is no interaction between the persons speaking and the offenders. There may be a program fee imposed for persons that are not indigent that are ordered to participate in a Victim Impact Panel.

August 8, 2011

The Jury Selection Process in Michigan Courts

by Hilf & Hilf, PLC

An individual charged with a criminal offense has the right to a jury trial under the United States and Michigan Constitutions. This is one of our most important rights as citizens, because the reason and common sense of members of the community – the power of the people (and not the “People” the Prosecution claims to represent) – can overcome misguided, statistic driven Prosecutions and cynical Judges.

Jury selection is a critical step because without a fair jury there cannot be a fair result. To select a fair jury, it is often important to have experienced criminal defense counsel represent you. I recommend attorney Daniel Hilf for any jury trial in Michigan.

Just prior to the jury selection process, the potential jurors are brought into the Courtroom, and jurors and sometimes alternate jurors are seated in the jury box. The Judge has the jurors take an oath to swear or affirm that they will truthfully answer questions about their qualifications to serve as jurors in the case before the Court. Jurors are generally referred to by either a panel number specially assigned to each potential juror or a seat number, instead of by name, because Courts are sensitive to the privacy of jurors. This is also the reason why camera phones are not allowed in many Courthouses by members of the general public.

August 6, 2011

Michigan Sentencing Guidelines

by Hilf & Hilf, PLC

This blog gives general instructions as to how to compute sentencing guidelines for felony cases (and high court misdemeanors with a maximum punishment of over 1 year) in Michigan. Sentence guidelines do not apply to most misdemeanor offenses in Michigan. Be careful in calculating the guidelines – Michigan case law, statutory law, the facts of your case, and the discretion of the sentencing Judge influence how particular variables are computed. You should always seek the advice of a licensed Michigan attorney who specializes in criminal law and who is familiar with the facts and circumstances of your case whenever you have an issue concerning the scoring and application of sentence guidelines in Michigan Courts.

There are also seperate sentencing guidelines that apply to Federal Prosecutions that are not applicable here. DO NOT refer to this blog for Federal Cases.

This website also has instructions and definitions that will help you with the computation process. To find the Michigan Sentencing Guidelines simply go to Google and use “Michigan Sentencing Guidelines” as your search term.

August 5, 2011

Criminal Sentencing Advice in Michigan Courts – Speaking and Presenting Yourself in Court

by Hilf & Hilf, PLC

How a Defendant presents himself or herself in Court at sentencing can influence the ultimate decision of the Court. A Defendant has a right to speak at Court before sentencing occurs, which sometimes ends up being to the detriment of the Defendant.

This blog contains suggestions that may help a Defendant receive the best result at sentencing given the circumstances. This advice is general in nature, and particular Judges may have their own policies and practices which you should be aware of prior to sentencing. If you are before a Court for sentencing, defer to the advice of the attorney that has represented you throughout the case regarding sentencing.

For any criminal law case it is important to have strong, experienced representation. For all criminal matters in Michigan I recommend attorney Daniel Hilf of the law firm Hilf & Hilf, PLC, which is located in the city of Troy.

August 4, 2011

Restitution in Criminal Cases in Michigan

by Hilf & Hilf, PLC

Restitution in Michigan is a victim’s Constitutional right and mandatory. It cannot be excluded through a plea bargain or sentencing agreement. It is only awarded if the Defendant is convicted of a criminal allegation related to his or her conduct that gave rise to the restitution. Restitution even survives the death of the Defendant, and can be pursued against his or her estate. Under Michigan law, the Prosecutor is required to provide information to a victim concerning restitution. The Sentencing Court must order the Defendant to make full restitution as required by law to any victim of the Defendant’s course of conduct that gives rise to the conviction, or to the victim’s estate.

A victim is defined as an individual who suffers direct or threatened physical, financial, or emotional harm as the result of the commission of a crime, juvenile offense, or misdemeanor. A victim also include companies, corporations, government entities, or any other legal entity that suffers a direct physical or financial harm as the result of a crime, juvenile offense, or a misdemeanor. A person who was charged with offenses arising out of the same transaction as the charged levied against the Defendant is not considered to be a victim.

Restitution can be expensive. For any criminal case in which a large amount of restitution may be an issue, it is recommended that you retain attorney Daniel Hilf of the law firm of Hilf & Hilf, PLC.

August 2, 2011

Probation – Types of Probation Supervision in Michigan

by Hilf & Hilf, PLC

When an individual is placed on probation in Michigan, there is a determination made by the probation department and/or the sentencing Court as to type of supervision that a probationer receives. A failure to comply with supervision, and the terms of probation, subjects the probationer to a violation of probation. For any criminal law issues, it is recommended that you retain attorney Daniel Hilf of the law firm of Hilf & Hilf, PLC.

Non reporting probation – sometimes a Court will allow a probationer to remain totally unsupervised during the period of probation. However, before the probationer is released from probation a probation officer verifies that the conditions of probation were met (for example, fines were paid, community service was done, etc.), and also does a LEIN check to see if any new criminal activity occurred.

Mail in probation – usually occurs for misdemeanor convictions where the probationer resides in a location far from the Court which imposed the sentence. If allowed, the probationer must keep in regular (usually monthly) contact with his or her probation officer through U.S. mail. The probation agent tries to verify the compliance of the probationer with any ordered conditions.