Articles Posted in Crimes

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Victims of crime often suffer many forms of mental, emotional, and financial injury as a result of actions of others.  Pursuing justice is often a daunting, intimidating process that can lead a crime victim to feel helpless.  In Michigan, many people are unaware that crime victims have rights that are guaranteed by our State Constitution.

Article 1, Section 24 of Michigan’s Constitution guarantees:
1) the right to be treated with fairness and respect.  That your dignity and privacy will be maintained throughout the criminal justice process;
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Persons who are not citizens of the United States often have trouble obtaining driver’s licenses in the State of Michigan.  With the state of public transportation, the only way for persons to get from one destination to another is by automobile.  If person cannot obtain a Michigan driver’s license, what can be done?

There are treaties that exist between the United States and some foreign countries that allow foreigners to drive in the United States as long as they have a valid driver’s license from their home country and an international driver’s license.  It only makes sense that a shopper from Canada or a truck driver from Mexico is allowed to lawfully travel in Michigan and other States.  There is case law in Michigan that supports this.

According to the Michigan Court of Appeals decision of People v. Valeriano Acosta-Bautista, 296 Mich App 404 (2012), Michigan recognizes and observes a longstanding treaty that allows foreign nationals from certain countries to drive legally in Michigan if they have a valid license from their home country.  Attorney Daniel Hilf of the law firm of Hilf & Hilf, PLC has litigated this issue in Court successfully on many occasions.  We have experience in traffic, criminal, and immigration cases.

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The Urban Drug Court is a sentencing option for persons convicted of non violent crimes that occur in the city of Pontiac, Michigan.  The residency of the Defendant does not have to be in Pontiac – just the non violent crime must have occurred there.  A violent crime is defined as an offense involving the death or serious bodily injury to any individual OR the carrying, possessing, or use of a firearm or other dangerous weapon, whether or not it is an element of the crime.  Other participation requirements of this program include: the participant may not have a prior conviction for a felony involving the use or attempted use of force against another with the intent to cause death or serious bodily harm; the participant must have either a substance abuse or dual dependence diagnosis; and the participant must be willing to admit that he or she has a drug problem and are willing to do something about it.

The length of the Urban Drug Court program is anywhere from a year to two years.  Discharge occurs when it is felt that the participant has successfully completed all components of the program and has shown a commitment to their recovery.  Entry into this program is not automatic.  The Defendant is evaluated by the Urban Drug Court team to determine their eligibility, and it is up to the sentencing Judge to allow for the program.
The program involves: frequent, random drug and alcohol tests; attendance and participation in Drug Court every other week; support groups such as AA, NA, or Smart Recovery; appearing and participating in counseling sessions; completing any assignments; abstinence from drugs and alcohol; avoiding contact with known drug users; obeying all laws; reporting to probation as ordered; obeying all rules of the Urban Drug Court and any treatment center that the person is involved with.  There are some funds available through the program to cover the costs of the alcohol/drug treatment.
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On July 30. 2013 the Michigan Supreme Court decided the case of the People of the State of Michigan v. Chandra Valencia Smith Anthony (docket number 145371).  The Michigan Supreme Court held that “Michigan law requires a taking from the person or immediate presence of a victim to satisfy the from-the-person element for the crime of larceny from the person. This standard is satisfied when the defendant takes property that is in the physical possession of a victim or property that is in immediate proximity to a victim when the taking occurs. Only in the rare larceny-from-the-person case in which the constructive-presence exception applies may a taking outside of a victim’s immediate presence satisfy the from- the-person element. The 2004 amendments to Michigan’s robbery statute did not change these established requirements.

In this case, there was no evidence that defendant took property that was in the physical possession of or immediate proximity to the loss-prevention officer, and there was no evidence that defendant used force or threats to distance the loss-prevention officer from the property at the time of the taking. As a result, there was insufficient evidence that defendant took property “from the person” of the loss-prevention officer. The Court of Appeals properly reversed defendant’s conviction, so we affirm the judgment of Court of Appeals”.

Attorney Daniel Hilf of Hilf & Hilf, PLC represented Chandra Valencia Smith Anthony during the original trial of this matter and Attorney John D. Roach served as her appellate counsel.  The trial was conducted before the Honorable Michael Warren of the 6th Circuit Court in Oakland County (case number 2010-232465-FH).

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Retail Fraud (also known as Shoplifting) is a crime committed by persons of all religious backgrounds, races, ethnicity, ages, and income level.  Throughout the United States, over a half million retail fraud incidents occur each day.  To combat retail fraud, many stores spend a lot of money in: employing loss prevention officers; training employees to detect and address retail fraud; the installation of theft detection devices (for example sensors) or equipment (for example, locked cases) to reduce the amount of theft.

Loss prevention officers are trained to identify person likely to shoplift, and conduct surveillance prior to the commission of any offense.  The typical red flags for loss prevention officers are any or a combination of the following:

1.       Nervous demeanor;

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There are a variety of reasons individuals experiment or become addicted to drugs, such as: social history, genetic disposition, use by friends and/or family members, income level, how the individual handles stress, etc.  A list from most addictive to least addictive substances include:

1) Heroin – the most addictive substance.  Users often feel intense drug cravings and withdraw when denied this substance.
2) Crack Cocaine – crack is the most potent form of cocaine.  Due to the fact that the high lasts approximately 15 minutes, it leads to repeated use which speeds up the onset of addiction.
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In most instances, talking to the police concerning a criminal accusation will not help the person being questioned and usually hurts them.  Many people have an idea of a police officer or a detective as someone who has a balanced view, and will listen to both sides of the story fairly.  The truth is, the reason the police probably is contacting a person is because they suspect that the individual has committed a crime or has material information as to a crime that has occurred, and they are trying to build a case.  If the individual is in custody, this means that the police officer or detective believes that probable cause exists to arrest the person and that law enforcement is not on that person’s side.  When the police have these beliefs they are clearly not balanced, and they are certainly not on the side of the person who they are investigating.

Police officers and detectives speak to individuals often to obtain a confession.  A confession is desired because people who confess usually decide to plead guilty when the case is prosecuted, which results in less time, work, and expense for the police and the prosecution.  People that confess also sometimes can be manipulated to assist the police on other matters (especially on drug cases) by using fear and promises of leniency to work against others who may be engaged in illicit activities.
The reasons persons sometimes choose to speak to law enforcement include: fear, intimidation, ignorance of the 5th Amendment privilege against self incrimination, arrogance (the person believes he or she is smart enough to talk himself or herself out of the situation), the hope for leniency, and/or the belief that since he or she is innocent of the allegation.  The expression “the truth shall set you free” is often not true when it comes to criminal law, and more often than not the opposite of this expression is true.  When the police want to speak with you about an alleged crime, you should immediately contact attorney Daniel Hilf of the law firm Hilf & Hilf, PLC.
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Daniel Hilf, of the law firm of Hilf & Hilf, PLC is a frequent Avvo contributor, and has received awards from Avvo for his outstanding contributions as a criminal defense lawyer.  He currently has an “superb” rating with Avvo (Avvo’s highest rating level).  Mr. Hilf takes great pride in the large number of persons he has helped throughout his distinguished career to receive excellent results.  Hilf & Hilf, PLC represents individuals in State and Federal Courts throughout the State of Michigan.  We handle all felony, misdemeanor, local ordinance, and ticket matters.
Hilf & Hilf, PLC is conveniently located at 1775 W. Big Beaver Road in the city of Troy, Michigan.  We can be reached Monday through Friday from 9:00 a.m. until 5:00 p.m. at (248)792-2590.
A listing of criminal cases that Hilf & Hilf, PLC handles include, but are not limited to the following:
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A person convicted of a drug possession offense in Michigan may qualify to have his or her record expunged at the time of sentencing.

In Michigan (for non federal cases) an individual who either pleads guilty or is found guilty of possession or use of a controlled substance, or possession or use of an imitation controlled substance for a second time, may be granted by the Court a special provision of the law called 7411 (also known as Michigan Compiled Law 333.7411) as long as he or she has not previously been convicted of a drug possession or delivery charge.  Under 7411 status the Court without entering a judgment of guilt may defer proceedings and place the individual on probation.  Probation would include the payment of fees and cost, and may (but does not have to) include conditions such as a jail sentence, drug/alcohol treatment, drug Court, drug/alcohol testing reporting to a probation officer and other standard terms and conditions of reporting or non-reporting probation.  If the person successfully completes the terms and conditions of probation ordered by the Court, the Court shall discharge the individual and dismiss the proceedings without an adjudication of guilt.  An individual in Michigan has only 1 opportunity in life for 7411 status.  However, an individual charged with multiple drug charges as part of the same case (for example, a person charged with being in possession of marijuana and possession of cocaine at the same time) can receive 7411 status for all the drug offenses incurred at that time.
For any criminal offense, your best bet is to hire an experienced criminal defense lawyer, such as Attorney Daniel Hilf from the law firm of Hilf & Hilf, PLC.
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In Michigan a Defendant sentenced under the Holmes Youthful Trainee Act (HYTA) is potentially subject to probation, probation with a jail sentence,or a prison sentence.  If the Defendant is sentenced to prison under HYTA, he or she can be sentenced to a flat prison sentence of up to 3 years.  The benefits of HYTA prison are that the offense becomes a nonpublic record, and the Defendant can truthfully tell employers, schools, and others that he or she does not have a felony conviction for the offense or offenses for which he or she received HYTA.  Also, as a HYTA prisoner, the Defendant is not subject to the discretion of the parole board for release and is not subject to parole conditions or supervision upon release.

Unfortunately, a Defendant that receives HYTA prison is not eligible to participate in the MDOC SAI Boot Camp program.  The basis for this is how the HYTA statute is written.  The main benefit of the MDOC SAI Boot Camp is that if a Defendant is placed in this program, and successfully completes the program along with an aftercare component, he or she is placed on parole. The MDOC SAI Boot Camp program itself is 90 days long once the Defendant is placed in the program.  There may be a delay for the Defendant to be placed in the program based upon the prison quarantine process and for MDOC compliance with the Michigan Crime Victim’s Rights Act.  A benefit of a MDOC SAI Boot Camp sentence over HYTA prison is that the Defendant may end up serving far less time in prison under the MDOC SAI Boot Camp program depending upon his or her individual circumstances.  Not all Defendants are eligible for the MDOC SAI Boot Camp program.  Also, the sentencing Judge must have no objection to MDOC SAI Boot Camp placement.
For all criminal law issues it is important to retain the services of an experienced criminal defense lawyer, such as Daniel Hilf of the law firm of Hilf & Hilf, PLC.
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3155 W
Big Beaver Rd #123
Troy, MI 48084
Phone: (248) 792-2590 Fax: (248) 885-8996

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