Courts

May 3, 2017

Retail Fraud, College Students, and Careers

It is not uncommon for a college student to have a retail fraud arrest (which is also known as a shoplifting arrest). The reasons for it may include the thrill, greed, or necessity. The common element to this type of offense is that if the student committed a retail fraud he or she did not look beyond the moment. When you are young you may feel invincible, or might not look at the long term consequences.

All of this behavior is rather silly when the long term consequences are considered in light of the time, effort, and tens of thousands of dollars spent on a higher education. The bottom line is that employers do not want to hire people with theft convictions. Why? There is a fear that the employee will steal from them or from customers. Persons that do not respect boundaries when it comes to a merchant’s products may not respect boundaries when it comes to the workplace and company assets. Also, there are plenty of other people looking for jobs to choose from that do not have shoplifting convictions.

The government also recognizes that persons with theft convictions should be either highly scrutinized or prevented from obtaining certain types of jobs. Many jobs that require licensing such as lawyers, doctors, nurses, accountants. etc, mandate that the person obtaining the license pass fitness and character background checks.

April 30, 2017

Received ticket in the mail

by Hilf & Hilf, PLC

It is not uncommon for a police officer to mail out a ticket, or for a court to send out notice of a traffic offense or misdemeanor in the mail. The ticket will have on it the name of the offense, the location where the offense needs to be handled, and a date by which the ticket or offense needs to be addressed.

There are several reasons why the notice is sent out by mail, rather than given at the time of the alleged offense:

Sometimes there is an ongoing investigation that needs to be completed before a decision can be made concerning a charge. Examples of this include: in a DUI case the police are waiting to determine the blood alcohol level from a blood sample; in a possession of a controlled substance case the alleged contraband needs to be tested to confirm the nature of the substance; the officer needs to conduct additional interviews to determine whether or not there is probable cause that an offense occurred;

April 26, 2017

Does the Petty Crime Exception Apply to Retail Fraud Convictions?

by Hilf & Hilf, PLC

For any immigration related issue your best bet is to hire an experienced immigration lawyer. The information in this blog is subject to change at any time. Reading a blog is not a substitute for seeking the services of an experienced immigration or criminal defense lawyer.

Retail Fraud is considered to be a crime of moral turpitude (CIMT). A conviction for retail fraud may or may not disqualify you for a visa in the United States. The issue becomes whether or not the conviction is classified as a petty offense pursuant to INA section 212(a)(2)(A)(ii)(II).

There is a 2 part test to determine if the conviction is for a petty offense:

April 21, 2017

DWLS and Foreign Driver’s Licenses

by Hilf & Hilf, PLC

In Michigan, individuals must have proof of legal citizenship or legal presence in the United States in order to obtain a valid driver’s license. Undocumented and illegal aliens at the present time are not eligible to obtain a Michigan driver’s license. Most aliens (including undocumented aliens) and most other non-residents of Michigan can protect themselves from accusations of Driving Without a License by taking the steps outlined by Michigan Compiled Law 257.302a.

This law states that non-residents are not required to obtain a Michigan driver’s license to drive in Michigan. In order to drive legally the non-resident must do the following:

Make sure that your home country is part of an international treaty or other agreement that is recognized by Michigan. The following countries are treaty countries:

April 20, 2017

Lawyer for Family Member in Jail

by Hilf & Hilf, PLC

When a family member is arrested, there is often a period of concern and worry because the family member cannot be reached. Sometimes the family member is deprived of the ability to use a telephone during their initial period of incarceration. A lawyer has greater access to see persons incarcerated, because the 6th Amendment to the United States Constitution guarantees the right to be represented by counsel. The following are some obstacles that a person has while initially incarcerated.

The family may have concerns about the general health and well being of the incarcerated family member. This is especially true when the family member has a physical or mental health issue and needs to receive proper medication. In many instances jails deny persons incarcerated proper medical care and proper medication. The intervention of a lawyer sometimes can correct this situation.
The family may have concerns that the incarcerated family member’s rights are not being protected. Often after an arrest a police agency will attempt to obtain a statement from the person arrested concerning what allegedly occurred. An individual who speaks to the police, especially without consulting with a lawyer, is at a great disadvantage. Police officers are trained at gathering evidence, which includes obtaining statements that are or seem to be incriminating. Police officers also sometimes try to obtain consent to perform searches of property. Sometimes the consent given can undermine the case or defense. Police are not supposed to question a Defendant that it knows is represented by a lawyer.

April 19, 2017

Lawyer for Driving While License Suspended Ticket

by Hilf & Hilf, PLC

Driving while license suspended, revoked, or denied (also called DWLS or DWLS/R/D) is a criminal offense that is treated seriously by many courts. This offense can be prosecuted under State law by a county prosecutor or under local ordinance by a city attorney. The possible penalty for a first offense DWLS, or a DWLS prosecuted under a local ordinance, is up to 93 days in jail, a fine of up to $500, court costs, possible probation with conditions (driver safety class, community service, no driving without a valid license, etc.), 2 points added to driving record, a driver responsibility fee of $500 for 2 consecutive years, and a mandatory suspension of driving privileges. DWLS prosecuted as a second offense carries up to 1 year in jail, a fine of up to $1,000, court costs, possible probation with conditions, 2 points added to driving record, and a driver’s responsibility fee of $500 for 2 consecutive years. Additional DWLS offenses can lead to license plate confiscation and vehicle immobilization.

The philosophy that many Courts employ is to try and encourage Defendants to find ways to obtain a valid driver’s license. In some cases this is possible (if the DWLS conviction is not entered) by paying off outstanding tickets, paying reinstatement fees, and going to the Michigan Secretary of State office. However, in many cases it is impossible for the Defendant to obtain a valid license in a timely manner. Reasons for this include that the person’s license was revoked due to prior drinking an driving convictions, the length of the person’s current suspension does not allow for the person to get their license back in the near future, the person has health or vision issues that prevent the Secretary of State from issuing a valid license, financial issues, or the person is not a citizen or a green card holder and the State of Michigan will not issue a valid license.

One of the problems with Michigan are the cost and limited options for public transportation. In most cases driving is the only solution for a person to be employed, support their family, and otherwise get to and from different locations. Judges are by and large not sympathetic to this. For persons with bad driving records, or with a history of DWLS, jail is often ordered along with probation. For persons without bad driving records, probation is common. However, a common condition of probation is to not violate any laws, which includes not driving a car without obtaining a valid license. The person is placed in a catch-22 situation.

April 16, 2017

Hit & Run Accident

by Hilf & Hilf, PLC

In Michigan a driver who has reason to believe that he or she has been in an accident has a responsibility to stop the vehicle at the scene of the accident and remain there. Failure to comply can result in a criminal prosecution under either State law or local ordinance, depending upon the circumstances.

According to Michigan Compiled Law 257.619 the driver has other responsibilities as well:

First, the driver must provide his or her name and address, the vehicle owner’s name and address, and the registration number of the vehicle to a police officer, the individual struck, or the driver or occupants of the other vehicle or vehicles involved in the accident.

April 9, 2017

Shoplifting Somerset Mall

by Hilf & Hilf, PLC

Somerset mall is one of the premiere shopping destinations in Michigan. It is known for its collection of high end stores such as Neiman Marcus, Saks Fifth Avenue, Gucci, Louis Vuitton, and others. One of the issues that Somerset Mall and its merchants guard against is shoplifting.

Somerset Mall and its merchants employ a number of different tactics to prevent retail fraud:

Highly trained loss prevention associates and mall security;

April 9, 2017

Troy Retail Fraud Ordinance

by Hilf & Hilf, PLC

Cases of retail fraud can be prosecuted by the city of Troy or the Oakland County Prosecutor’s office. For a person arrested for misdemeanor retail fraud that does not have an extensive record, the likelihood is higher that the case will be handled by the city attorney for Troy Michigan.

Troy Michigan has a local law (also known as a local ordinance) that allows for the city attorney to prosecute certain crimes (including retail fraud). Cases prosecuted by the city attorney for Troy Michigan are handled at the 52-4th Division District Court which is located at 520 W. Big Beaver Road in the city of Troy, Michigan.

Retail Fraud under the Troy Michigan ordinance (Troy ordinance number 98.08.02) carries a maximum possible punishment of 93 days in the Oakland County Jail and a fine of not more than five hundred dollars. Jail is an option that the Judges have. However, in many cases, jail can be avoided.

April 5, 2017

Accidental Shoplifting Arrest

by Hilf & Hilf, PLC

Not everyone who conceals or removes merchandise from a store do it with the intent to steal. Sometimes people take or conceal items by accident.

What may constitute accidental shoplifting?

When shopping, items are sometimes placed under the shopping cart due to the item’s size or because the shopping cart is full, sometimes the items are overlooked. If the item was overlooked it is possible that it is accidentally removed from the store without being paid for.