Crimes

October 2, 2014

What Happens After I Get a DUI?

Although it isn’t easy, it is sometimes possible to get DUI charges dropped. A more likely outcome is to attempt to have your consequences reduced. Receiving a lighter punishment, a lighter charge, or in some cases a dismissal, relies on a strong legal defense and quality representation. If you’ve been legitimately charged with a DUI, chances are there will be some consequences. The consequences can range in severity depending on your case, your history, and the quality of your representation

Most first time DUI offenders get placed on some type of probation, but it is possible for the court to order you to serve time in county jail. This is true even for misdemeanor offenses, depending on the laws in your state. Depending upon the blood alcohol level, a first time DUI offender may wind up having their driver’s license suspended, however in some cases a restricted driver’s license can be obtained. Sanctions on the driver’s license are largely a function of the Secretary of State, based upon the type of conviction incurred. It is important to note that any sanctions begin soon after conviction, rather than at the time of sentencing. For persons convicted of a DUI related offense the Judge is not allowed to sentence the individual until after he or she is interviewed by the probation department and an alcohol assessment is reviewed. The alcohol assessment is a written test that questions a person’s alcohol/drug history so the Judge can decide what, if any, rehabilitative services are needed.

Conditions for probation also vary significantly in length, fees, and terms. In some cases you may be required to attend drug or alcohol counseling, submit to regular urine analysis, and/or perform community service.

August 21, 2014

If You’ve Been Arrested You Need a Trusted Criminal Defense Attorney

by Hilf & Hilf, PLC

Anyone can have a run-in with the law, even if your only prior offense is a minor traffic ticket. If you find yourself in the back of a squad car, you may not understand where you’re going or what’s going to happen. In this situation, it’s extremely important for you to protect your rights and protect your future. The first thing you need to do is obtain strong legal representation from an experienced criminal defense attorney.

Early intervention by a skilled criminal defense lawyer may make a difference in the outcome of your whole case. In some cases, a lawyer may even be able to negotiate with the prosecuting attorney to avoid having charges filed in the first place. It is important to cooperate with the police, stay calm, and remember that an arrest is not a conviction. Provide your personal information to the police, but do not discuss the incident of your charges with them. Exercise your right to remain silent, as anything you say to the police can be used against you in court. It is important to remember that police officers and detectives are trained in methods of obtaining confessions and statements against interests from the persons they interview.

You have probably heard this phrase many times before but it’s important to remember its significance in this situation: you are innocent until proven guilty. It is the state’s burden to prove your guilt beyond a reasonable doubt. Early intervention from a knowledgeable attorney will expedite the process of gathering evidence and building a solid defense on your behalf. As an expert in criminal law, an attorney can find weaknesses in the prosecution’s case and possibly have your charges dismissed or secure a “not guilty” verdict at trial. You will be guided through the whole judicial process from beginning to end by an experienced lawyer. This will help reduce the stress, anxiety, and frustrations you may experience as the case works it way through the judicial process. An experienced criminal defense lawyer can answer your questions in a forthright manner, and give you the confidence that the correct result will be obtained when everything is said or done.

July 10, 2014

Shoplifting investigation

by Hilf & Hilf, PLC

In defending persons accused of retail fraud, it is important to understand the procedures used by major retail stores in their investigations. Mistakes in judgment sometimes occur – leading to false arrests. Sometimes the situation is misinterpreted by loss prevention and police officers due to cultural issues. Procedural errors can sometimes also lead to acquittal or dismissal of the case. Having an experienced criminal lawyer, such as the lawyers at Hilf & Hilf, PLC, often results in receiving the best possible result, which often can include not having a conviction appear on a public record. A theft related conviction can result in imprisonment, probation, loss of employment opportunities, loss of education opportunities, loss of gun rights, loss of money, immigration complications for non-citizens, and embarrassment.

Major retail stores have developed policies and procedures with respect to retail fraud with the goals of: reducing losses due to theft; avoiding litigation for false arrests, false imprisonment, injuries, etc.; reducing insurance expenses; and deterring theft. Major retail stores include Sears, JcPenney, Target, Home Depot, Lowes, Macys, Kohls, Best Buy, etc. The information in this blog is only intended to provide general information and does not represent the views, policies, decision making, or procedures of any particular store or company.

It is important to have an experienced criminal lawyer, such as Attorney Daniel Hilf of the law firm Hilf & Hilf, PLC, who understands the policies and procedures of loss prevention/asset prevention. Knowledge of these areas can help build a successful defense, or a successful outcome, to your retail fraud case.

June 30, 2014

CSC Cases and HYTA

by Hilf & Hilf, PLC

The Holmes Youthful Trainee Act (HYTA) provides an avenue for persons that are from 17 years old to before the person’s 21st birthday (at the time of the offense) to avoid a conviction and Sex Offender Registration Act (SORA) compliance. Although a Defendant charged with a sex offense might be age eligible for HYTA there are other requirements pursuant to Michigan Compiled Law (MCL) 762.11 which might prevent the Defendant from receiving HYTA:

1) The Defendant must plead guilty, according to MCL 762.11(1). A Defendant who is convicted at trial is ineligible for HYTA status. The statute also does not provide for HYTA status for Defendants that plead no contest;

2) The Defendant must not have a prior conviction or adjudication for an offense which requires SORA registration, pursuant to MCL 762.11(3)(a). This applies to persons that have a prior sex offense as an adult or juvenile.

June 18, 2014

Why You Need a Criminal Defense Attorney in Oakland County MI

by Hilf & Hilf, PLC

According to the U.S. Census Bureau, Oakland County is the second most populated county in Michigan with a population of over 1.2 million residents. A large population can lead to strict law enforcement and heavily policed streets. Over 25,000 Oakland County arrests were made in 2012 alone, according to a report by the Criminal Justice Information Center of Michigan. Rigorous police enforcement and emphasis on arrests can lead to false imprisonment and wrongful convictions, especially if you are a minority or have a past record. Should you ever find yourself arrested for a crime, it is important to retain the counsel of a qualified criminal defense attorney to protect your rights.

Criminal law is a complex body of legislation that is unique to each state. A criminal defense attorney has an understanding of probable cause and can challenge an arresting officer’s reasoning in court. Before a trial even begins, a criminal defense lawyer may be able to convince a court to drop charges against you based on insufficient evidence. An attorney may also effectively negotiate a plea bargain to reduce your charges when appropriate. In some instances, the experienced criminal defense lawyer can reach a sentence agreement with the Court to avoid an otherwise harsh result.

For persons who are not United States citizens that have criminal charges pending, an experienced criminal defense lawyer with immigration experience is mandatory. Many criminal defense lawyers, even experienced criminal defense lawyers, do not have sufficient knowledge and ability to help clients with criminal cases that have immigration issues. Hilf & Hilf, PLC is one of the few firms in Michigan that have legal experts in both criminal defense and immigration law.

June 3, 2014

Top Criminal Lawyer in Michigan Daniel Hilf

by Hilf & Hilf, PLC

If you have been accused of a crime, you must retain the services of a criminal defense attorney immediately. Finding the right criminal defense attorney is crucial to the outcome of your case and will impact the rest of your life. Don’t put your future at stake—take great care when selecting an attorney to represent you in court. Daniel Hilf is an expert criminal defense attorney who has been specializing in criminal defense for almost two decades and can get you the results you deserve.

Daniel Hilf possesses the qualities to increase your confidence in his ability to represent you effectively.

He cares about your case. Defendants in criminal prosecutions often feel embarrassed, fearful, and depressed. Daniel Hilf offers aggressive, compassionate counsel and moves quickly to ensure your security. He understands the impact a criminal case can have on your life and acts accordingly to get you positive results. Daniel Hilf is a conscientious attorney who will listen to you and take any sufficient information to proactively incorporate it in a strong defense strategy. He understands that no case is more important than yours.

November 6, 2013

Michigan Criminal and Traffic Case Abbreviation Codes

by Hilf & Hilf, PLC

The following are a list of case abbreviations used in Michigan Courts for misdemeanors, felonies, criminal appeals, forfeiture, and juvenile offenses for alleged state law and ordinance violations. They are often referred to as case codes. These two letter abbreviations follow the case number that appears on every Court pleading usually in the upper right hand of the page, and the two letter abbreviations themselves do not always seem to match the subject matter of the litigation. There are also case codes for other civil and probate matters that are not included here.

Persons with any of the following matters should consult with an experienced lawyer, such as the lawyers at Hilf & Hilf, PLC.

AP – Appeal of Parole Board Decisions.

October 4, 2013

Appeal of the Michigan Parole Board

by Hilf & Hilf, PLC

A Defendant does not have the ability to appeal his or her denial of parole under the laws of the State of Michigan at the time of this blog. However, either the Prosecutor or the victim of an offense may appeal in the Circuit Court where the conviction that lead to the prison sentence occurred when the Board grants a prisoner parole. MCL 791.234(11); Morales v Parole Bd, 260 Mich App 29, 35; 676 NW2d 221 (2003).

If the Prosecutor does not elect to challenge the granting of parole, the victim is free to hire a lawyer to challenge the decision of the Michigan Parole Board. The Prosecutor and/or victim has the burden of proof when it comes to reversing a decision of the Michigan Parole Board to allow an inmate to be placed on parole. Under MCR 7.118(H)(3), the challenging party has the burden to show either that the Michigan Parole Board’s decision was “a clear abuse of discretion” or was “in violation of the Michigan Constitution, a statute, an administrative rule, or a written agency regulation.” An abuse of discretion occurs when the trial court’s decision falls outside the range of reasonable and principled outcomes. People v Babcock, 469 Mich 247, 269; 666 NW2d 231 (2003).

A reviewing court (the Circuit Court, the Michigan Court of Appeals, or the Michigan Supreme Court) may not substitute its judgment for that of the Michigan Parole Board. Morales, 260 Mich App at 48. [In re Parole of Elias, 294 Mich App 507, 538; 811 NW2d 541 (2011) (footnote omitted.)] A Judge cannot reverse the decision of the Michigan Parole Board simply because he or she does not agree with the decision. However, the parole board’s discretion to grant an inmate parole is limited by statutory requirements and parole guidelines. Killebrew v Dep’t of Corrections, 237 Mich App 650, 652-653; 604 NW2d 696 (1999).

September 20, 2013

Social Media and Criminal Defense

by Hilf & Hilf, PLC

Facebook, Twitter, and social media in recent years brought about more confessions than church ever has. Confession may be good for the soul, but it is usually bad for a Defendant when it comes to criminal investigations. The first resource police departments tend to use when a suspect emerges is social media. Lawyers, Prosecutors and Defense lawyers, routinely check social media when it comes to witnesses at preliminary examination or trial. Why someone would confess to the world their misdeeds and crimes is a complete mystery that can only be attributed to ignorance, not thinking, bravado, arrogance, or the desire to self destruct. When it comes to social media, there is no reasonable expectation of privacy – it is posted for the world to see. A facebook confession is not subject to Miranda Warnings or suppression by a Judge. When something is placed into plain view, no one is expected to turn a blind eye towards it. More disturbing are the number of offenses that are live streamed on Facebook and other social media. The fact that someone would broadcast a crime for the whole world to see means that the person has put no thought into the consequences of their actions.

Social media can also be used to the advantage of a Defendant. As previously stated, lawyers are able to obtain all sorts of information through social media that may be important to building a defense. A complaining witness may put information online that calls into question their credibility, establishes bias, provides a motivation to lie, and/or impeaches their version of events.

Deleted or removed from a computer or cell phone does not necessarily mean that the information is not retrievable. Facebook backs up its data, including deleted items, for 90 days. A criminal forensic investigation of a computer hard drive or telephone sim card usually reveals an individual’s complete history with very little difficulty. As long as the hard drive or sim card is not damaged, deleted contents can be restored and used in a case. Again, deleted does not mean destroyed. The best way to protect yourself is to never advertise your alleged sins.

September 9, 2013

Prosecution Use of Recorded Jail Phone Conversations

by Hilf & Hilf, PLC

In jails and correctional facilities there is more often than not a sign posted at the pay telephone in the jail that calls are subject to monitoring. Many incarcerated individuals either ignore the sign, or forget about the warning, when calling the outside world. My practice has always been to warn my clients about making any statements to anyone else besides myself, and always in a private location.

Several times in my career I have been called by Prosecutors informing me that they have additional evidence which they intend to use at trial. A few days later I receive in the mail compact disk recordings between my client and friends or family members discussing aspects of the criminal charge or charges despite my warnings. The best way to prevent this is to never discuss the case over the jail telephone.

Mail is also monitored by jail or prison deputies, with copies of correspondence often being provided to the Prosecution. The jail or correctional facility also keeps track of who visits a particular inmate, which might have evidentiary value by the Prosecution in certain circumstances.