Courts

March 12, 2017

I am an Illegal Alien and I am Afraid to Go to Court

Being an undocumented alien is very difficult, especially when the legal system is involved. There is a natural fear that going to court may lead to removal. Removal means possibly the following: “What is going to happen to my children?”, “How am I going to take care of my wife and my family”, “Who is going to pay the rent, the bills?”, “It is not safe in my home country. What will happen to me if I am forced to go back?”.

Many States like Michigan refuse to allow most undocumented aliens the ability to get a driver’s license. In Michigan it is almost impossible to get from one place to another without being able to drive. One option is to drive with a valid driver’s license from your home country and an international driver’s license (if your home country and the United States have a treaty to allow for such driving). What happens when your license is expired, or lost, or is no longer valid? Driving without a valid license is a misdemeanor offense. Another choice may be not to drive, which really isn’t a good solution? Another choice may be to contact an experienced immigration lawyer such as Attorney Sufen Hilf of the law firm Hilf & Hilf, PLC to see if you can obtain a lawful status in the United States. If you obtain lawful status in the United States it may become possible to obtain a valid license. However, in some cases it might not be possible to get lawful status.

So what happens if you are undocumented and you receive a ticket for driving while license expired, driving under the influence, domestic violence, retail fraud, or some other criminal offense? If you go to Court and are convicted there is a risk that the Judge or the probation department could report your status to ICE. There are some Judges that order Defendants to report their status to ICE as a condition of probation (which may be a violation of your 5th Amendment privilege against self incrimination, because being unlawfully present in the United States is actually a crime). If the probation department and the Judge are no good, what should I do?

March 3, 2017

How to Defend Assault GBH Charge

by Hilf & Hilf, PLC

According to Michigan compiled law 750.84 the offense of Assault with Intent to do Great Bodily Harm less than Murder (also known as assault GBH) is a felony offense that carries a potential punishment of up to 10 years in prison, or a fine of not more than $5,000, or both. It is a very serious offense that often results in a prison sentence.

What actually constitutes Assault GBH? According to People v. Stevens, 306 Mich App 620 (2014) n order to be convicted of this offense at trial, the prosecution must prove 2 elements beyond a reasonable doubt: (1) an attempt or threat with force or violence to do corporal harm to another (an assault), and (2) an intent to do great bodily harm less than murder.

What does great bodily harm mean? The element of intent to do great bodily harm is defined by People v. Brown, 267 Mich App 141 (2005) as an intent to do serious injury of an aggravated nature. According to Michigan Criminal Jury Instruction 17.7 great bodily harm means any physical injury that could seriously harm the health or a function of the body.

March 2, 2017

Michigan Super Habitual Sentencing Information

by Hilf & Hilf, PLC

In Michigan, persons convicted of a “serious crime” that have at least 3 prior felonies, with one prior conviction being a “listed felony”, may be subject to a 25 year mandatory minimum prison sentence pursuant to Michigan Compiled Law 769.12. This is commonly referred to as super habitual sentencing.

What is a “serious crime”? Michigan Compiled Law 769.12(6)(c) provides a list of offenses that are defined by Michigan law as being serious crimes. Included on that list are the following offenses: second degree murder, manslaughter, assault with intent to commit murder (AWIM), assault with intent to go great bodily harm (Assault GBH), assault by strangulation, assault with intent to maim, assault with intent to rob, armed, assault with intent to rob, armed, armed robbery, carjacking, kidnapping a child under 15 years of age, prisoner taking hostage, mayhem, Criminal Sexual Conduct in the first degree (CSC1), Criminal Sexual Conduct in the second degree (CSC2), Criminal Sexual Conduct in the third Degree (CSC3), assault with intent to penetrate, and conspiracy to commit any of the offenses listed in this paragraph.

What is a “listed offense”. According to Michigan Compiled Law 769.12(a)(i)(ii) and (iii) the following offenses are included: second degree murder, manslaughter, felonious assault, assault with intent to commit murder (AWIM), assault with intent to go great bodily harm (assault GBH), assault by strangulation, assault with intent to maim, assault with intent to rob, armed, assault with intent to rob, armed, armed robbery, carjacking, kidnapping a child under 15 years of age, prisoner taking hostage, mayhem, Criminal Sexual Conduct in the first degree (CSC1), Criminal Sexual Conduct in the second degree (CSC2), Criminal Sexual Conduct in the third Degree (CSC3), assault with intent to penetrate, attempted murder, solicitation to commit murder, aggravated stalking, felony stalking with victim under 18 years, rioting in a state correctional facility, home invasion first degree, home invasion second degree, any drug offense punishable by more than 4 years in prison, child abuse first degree, child abuse second degree, vulnerable adult abuse first degree, vulnerable adult abuse second degree, assault of employee during escape, fleeing and eluding first degree, fleeing and eluding second degree, impaired driving causing death, arson of dwelling house, carrying weapon with unlawful intent, carrying a concealed weapon (CCW), felony firearm (second or subsequent offense), intentional discharge of firearm at vehicle, intentional discharge of firearm at dwelling, intentional discharge of firearm at emergency or law enforcement vehicle, and attempt to commit any of the offenses listed in this paragraph.

February 26, 2017

DNR Experienced Lawyer to Defend DNR Tickets

by Hilf & Hilf, PLC

In Michigan, many people are prosecuted every year for hunting and fishing violations. These hunting and fishing violations can sometimes result in arrests, jail time, probation, large amounts of fines/costs/restitution, the forfeiture of hunting/fishing equipment, and the loss of hunting privileges or fishing privileges.

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A Michigan Department of Natural Resources (DNR) investigation often begins with a tip that they receive from a neighbor, or bystander, as to a particular hunting violation. It could be from a dog tracker or a deer processor. DNR officers are usually quick to respond, because the window to conduct a proper investigation is often small. Sometimes the investigation begins with something that the DNR officer observed while performing his or her job. The type of investigation conducted usually depends upon the type of case that is investigated.

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If the DNR conservation officer is investigating a hunter for illegally taking a deer, he or she will attempt to interview the hunter and other persons that have knowledge of the alleged offense. Do not lie to an DNR officer – that is a crime. However, remember that you have a 5th Amendment privilege not to incriminate yourself. You are not obligated to provide any statement regarding the alleged offense. You also have a right to retain an experienced lawyer to represent you, such as Attorney Daniel Hilf, to defend you.

February 25, 2017

What is Cyberstalking

by Hilf & Hilf, PLC

Cyberstalking in Michigan is viewed as a serious offense. The law that applies to cyberstalking, MCL 750.411s(1) provides that a person shall not post a message through a communication medium such as the internet, computer, or other electronic medium with the complainant’s consent if all of the following apply to the situation: (a) the person knows or has reason to know that posting the message could cause 2 or more separate noncontinuous acts of un-consented contact with the complainant; (b) the intent behind point the message is to cause conduct to make the complainant feel terrorized, frightened, intimidated, threatened, harassed, or molested; (c) this conduct of posting the message would make a reasonable person to suffer emotional distress; (d) AND conduct from posting the message actually causes the complainant emotional distressed and to feel terrorized, frightened, intimidated, threatened harassed, or molested.

If you communicate with someone else through the internet, a computer, a computer program, network, or system for the purpose of committing, attempting to commit, soliciting someone else to commit stalking or aggravated stalking, this is also a crime in Michigan pursuant to MCL 750;145d(1)(b).

There are a few exceptions to cyberstalking under the law such as Constitutionally protected speech or activity, and to the internet company or computer service provider who acts in good faith and is unaware of the specific nature of what was posted. There are other defenses that can be pursued by an experienced criminal lawyer, such as Attorney Daniel Hilf.

February 23, 2017

Pulled Over For No Reason

by Hilf & Hilf, PLC

It does not take much for a police officer to pull a car over in Michigan. Even though the 4th Amendment to the United States Constitution protects the right of the people from unreasonable searches and seizures, people still get pulled over with little justification.

Part of the reason is that the law uses words such as “unreasonable”, which gets watered down over time in favor of law enforcement. When a stop is challenged in Court, the Judge is supposed to examine the totality of the circumstances in making a decision, according to Ohio v. Robinette, 519 US 33; 117 S Ct 417 (1996). The officer must have a reasonable suspicion that the vehicle or an occupant of the vehicle was in violation of the law. Terry v. Ohio, 392 US 1; 88 S Ct 1868 (1968); People v. Williams, 236 Mich App 610 (1999).

Included in the notion of stopping someone based upon a violation of the law are things such as equipment violations. Under the Michigan Motor Vehicle Code an officer may stop and inspect a motor vehicle for an equipment violation. Michigan Compiled Law 257.715(1) states that equipment on motor vehicles must be maintained, and a uniformed police officer is able to stop a car and inspect the vehicle and issue traffic tickets for defects as long as he or she has reasonable grounds to do so. Equipment violations do not even have to be a safety violation or effect the performance of the car. For example, if the light bulb that lights up the license plate is burned out, which is a violation of Michigan Compiled Law 257.686(2), this is enough to allow a stop.

February 22, 2017

How do I turn myself in on a warrant?

by Hilf & Hilf, PLC

Warrants can be issued by Courts due to new cases, for probation violations, or failing to comply with a court order (for example, failure to appear when properly subpoenaed can lead to a show cause or a material witness warrant). When the warrant is from out of State, sometimes there will be a request for extradition to enforce the outstanding warrant.

Notification of the warrant can be through the mail, a telephone call from police, or even perhaps from a friend or family member that received information from a police officer. When a valid warrant exists you are at risk of being arrested whenever a police contact occurs. The police contact can be a simple traffic stop, through a customs or border agent when entering the United States, or law enforcement could take a proactive approach and knock on your door or arrest you on your way to work. Sometimes when you are stopped by police and they discover a warrant you are released because the jurisdiction where the warrant is from simply does not want to pick you up. This is common for people stopped by the police in Oakland County for many misdemeanor offenses in Detroit. There sometimes is a period of detention that occurs while law enforcement finds out whether or not the jurisdiction where the warrant exists will pick you up on that warrant. In most instances if there is a valid warrant you should count on being taken to the court to address the matter. In some instances, there is a bond or an interim bond that is set to allow for release.

If you have a warrant for your arrest your first step is to contact a lawyer that is experienced and that can help you, such as attorney Daniel Hilf from the law firm of Hilf & Hilf, PLC. Why do you need a lawyer for a warrant?

February 16, 2017

Probation Violation Warrant

by Hilf & Hilf, PLC

When a probation agent believes that a probation violation occurs, sometimes an arrest warrant is issued by the Judge to address the situation. On other occasions, the probationer receives notice in the mail to appear on a particular date to address the probation violation. It is also not uncommon for the probationer to be brought before the Judge when the probationer appears for their regular report date. How the situation is addressed depends on the Court and the nature of the alleged violation (for example, a Judge may feel more of an urgency to immediately address the situation of a DUI probationer who allegedly continues to consume alcohol because the Judge may believe the public is at risk). The Judge has the ability to set a bond, and bond conditions, when the probationer is arraigned on the probation violation. At the arraignment on the probation violation the probationer is advised in writing of the violation(s) that are pending. The probationer has the ability to retain counsel to address the probation violation, or request court appointed counsel if indigent (and if there is a chance that the probationer can be incarcerated).

It is in the probationer’s best interest to retain counsel for a probation violation for the following reasons:

The probationer often is not afforded counsel for arraignment purposes. Having a retained lawyer increases the opportunity for the probationer to obtain a reasonable bond;

February 10, 2017

Troy Retail Fraud Arrest

by Hilf & Hilf, PLC

Due to the popularity of Somerset Mall, Oakland Mall, Nordstrom Rack, and other shopping destinations, there is a large volume of retail fraud investigations in the city of Troy. Most retail fraud cases begin with an individual’s apprehension by a lost prevention employee (asset protection) from the store. The lost prevention employee typically detains the individual and recovers the merchandise in question and determines whether or not the merchandise was purchased. If the lost prevention employee makes a determination that shoplifting occurs he/or she will usually attempts to have the individual admit verbally and sometimes in writing to the theft, contacts the police, and writes a store report about the incident. The responding police officer is usually given a copy of that store report, along with any store video. The merchandise that is the subject of the complaint is photographed, and a determination is made as to the retail price of the merchandise involved. The individual is given notice by the store that he or she will be considered a trespasser.

The police officer has the discretion to issue a ticket, which will require the individual to be arraigned at the district court within 10 days, or to take the individual into custody. If the alleged retail fraud is a felony, or the individual has warrants, the individual is typically taken into custody. If the individual is a minor, typically a parent or guardian is contacted and the minor is released to their custody. A person who is in custody, in most circumstances, is arraigned within 72 hours before a magistrate.

At the arraignment a magistrate or Judge will read the charge or charges in open court, provide notice of the potential penalty, determine if the individual needs a court appointed lawyer for the next court date, and sets bond. For bond purposes the magistrate or Judge will typically consider the individual’s risk of flight (whether or not they will appear in court) and danger to the community (typically the individual’s prior record or information about the alleged offense) when setting the bond amount. The bond amount can be a personal bond (no money is required), cash, surety, or 10%. The bond amount can include restrictions such as (but not limited to) drug/alcohol testing, inability to leave the State of Michigan, no new criminal offenses, etc. The legal representation that an individual receives can influence the bond amount and bond conditions.

November 29, 2016

When Should I Hire a Criminal Defense Attorney?

by Hilf & Hilf, PLC

Being charged with a crime exposes a defendant to severe consequences such as possible jail term and having an indelible criminal record. A criminal defense attorney understands the criminal justice process and can handle a variety of criminal cases such as felonies, misdemeanors, white-collar crimes, drug charges and state and federal crimes. Any form of criminal arrest warrants the need for a qualified criminal defense attorney who offers legal advice to protect the defendant’s rights and ensures the most favorable outcome of the case.

Although it may seem premature, it is important to hire a criminal defense attorney as soon as one is arrested and criminal charges are imminent. The attorney will help navigate the criminal justice process during the following stages:

Investigation