May 30, 2012

Question – Will my husband be eligible for bootcamp?

Will my husband be eligible for a bootcamp ?

My husband was convicted of extortion and he got 3 to 6 years, its his first felony ever so i was wondering if he would be eligible for serving bootcamp instead of prison, please answer me and thank you so much?

In Michigan, a person facing prison may shorten their incarceration if they are placed in and successfully complete the MDOC Prisoner Boot Camp. Both men and women are candidates for the program. The first portion of the program is ninety (90) days in length, during which the inmate participates in strenuous physical exercise, community projects work, educational and vocational counseling. Inmates who successfully complete the boot camp program are immediately paroled to aftercare in the area of the inmate’s residence. The aftercare component is a combination of a 30 day residential substance abuse treatment program and 90 days on electronic monitoring. If an inmate does not exhibit a need for residential substance abuse treatment, the 30 day residential treatment program can be waived and the probationer will participate in electronic monitoring for 120 days. The inmate is then placed on 5 months of intensive monitoring. Inmates who fail the program are transferred to a regular prison to complete their sentence.

May 28, 2012

Question – What does a show cause hearing mean?

by Hilf & Hilf, PLC

I had a year probation for sub-possess/analogues. I was ordered to take drug tests for first month-every week. Had another court date where I was taken off tests. Also I was assigned non-reporting probation. I do not have a officer of the court that I reported to. My year is up and I got a notice for a hearing that says show cause hearing. What does this mean? I have not been in any trouble. Is this the end of probation? Do I take another drug test at this time? Thank you for your time.

“Show cause” basically means that you are ordered to appear before the Court, and the failure to appear will result in a bench warrant for your arrest. The “show cause” could have been ordered to see if you complied with your probation, or to possibly bring you before the Court to answer for a violation of probation. Complying with your probation means that you did everything that the Judge told you to do, which usually means: staying out of trouble; paying all fines/costs/restitution/restitution; not leaving the state without permission; not changing your address without notifying probation; not using drugs and alcohol; testing for drugs and alcohol as ordered; not submitting an adulterated or diluted drug sample; completing any community service hours that were ordered, etc. If you didn’t do everything you were asked to do, you should hire a lawyer to help you.

May 28, 2012

Question – What are my chances of getting 7411 for a possession and paraphernalia case that happened at the same time?

by Hilf & Hilf, PLC

What are my chances of getting 7411 for possession and paraphernalia citations at the same time?

I received two Misdemeanor citations in the same traffic stop, one for possession of paraphernalia and the other for possession of marijuana(very small amount). I am 28 I have never been arrested or in trouble?

You can get 7411 for possession of marijuana, but not for the paraphernalia charge. It may be possible to reach a plea bargain or under advisement sentence to address the paraphernalia charge if you intend to plead guilty. However, you should speak with an experienced criminal defense lawyer, such as the lawyers at Hilf & Hilf, PLC to see if the case can be dismissed on Constitutional grounds or is defensible at trial.

May 25, 2012

Misdemeanor

by Hilf & Hilf, PLC

A misdemeanor in Michigan is a violation of penal law which is not a felony, or a violation of a state agency, that is punishable by imprisonment, probation, and/or a fine. A misdemeanor can be charged under Federal law, State law, or by a local ordinance. The penalty is determined by the particular federal statute, Michigan Compiled Law, or local ordinance in question.

Federal misdemeanor penalties are determined by the Federal Statute in question, and are addressed in Federal Court by Federal Prosecutors.

For State law misdemeanor violations in Michigan, most carry a maximum punishment of either 90 days, 93 days, 6 months, or 1 year depending upon the particular offense involved. The Michigan Compiled Laws contain the potential maximum penalties for all State law criminal offenses. There are also offenses in Michigan called high Court misdemeanors which carry a maximum punishment of up to 2 years in prison (unless the maximum sentenced is enhanced under an applicable Habitual Offender statute which increases the maximum possible punishment). State law misdemeanor violations that accompany a felony charge (for example, a DUI charged at the same time as a Fleeing and Eluding Police felony), are usually ultimately resolved at Circuit Court along with the felony charge (if the matter is bound over). A Defendant also has a right to a preliminary examination for any high court misdemeanors for which he or she is charged. State law misdemeanor violations are usually prosecuted by the County prosecutor’s office for the jurisdiction in which the offense allegedly occurred.

May 24, 2012

52-4 District Court – School Related Local Ordinance Offenses

by Hilf & Hilf, PLC

School Related Local Ordinance Offenses at the 52-4 District Court in Troy, Michigan

The following is a list of School related local ordinance violations at the 52-4 District Court. There are other School related offenses that can be charged as State law offenses that are not a part of this blog. Contact Hilf & Hilf, PLC for help from experienced criminal defense lawyers.

98.14.01 Cause Disturbance on School Property. No person shall willfully or maliciously make or assist in making any noise, disturbance or improper diversion by which the peace and quiet or good order of any class, gathering or other function in any school building is disturbed. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both.

May 24, 2012

52-4 Distrct Court – Theft and Fraud Local Ordinance Offenses

by Hilf & Hilf, PLC

Theft and Fraud Local Ordinance Offenses at the 52-4 District Court in Troy, Michigan

The following is a list of Theft and Fraud related local ordinance violations at the 52-4 District Court. There are other Theft and Fraud related offenses that can be charged as state law offenses that are not a part of this blog. Contact Hilf & Hilf, PLC for help from experienced criminal defense lawyers.

98.08.01 Larceny. No person shall commit the offense of larceny by stealing the personal property of another. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 93 days or by a fine of not more than $500, or both.

May 24, 2012

52-4 District Court – Alcohol Local Ordinance Offenses

by Hilf & Hilf, PLC

Alcohol Local Ordinance Offenses at the 52-4 District Court in Troy, Michigan

The following is a list of Alcohol related local ordinance violations at the 52-4 District Court. There are other alcohol related offenses that can be charged as state law offenses that are not a part of this blog. Contact Hilf & Hilf, PLC for help from experienced criminal defense lawyers.

98.10.01 Public Intoxication. No person shall be intoxicated in a public place and endanger another person or property or act in a manner that causes a public disturbance. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both.

May 24, 2012

52-4 District Court – Tobacco Offenses

by Hilf & Hilf, PLC

Tobacco Local Ordinance Offenses at the 52-4 District Court in Troy, Michigan

The following is a list of tobacco related local ordinance violations at the 52-4 District Court. Contact Hilf & Hilf, PLC for help from experienced criminal defense lawyers.

98.12.01 Person Under 18 – Possess or Purchase Tobacco. No person under the age of 18 shall purchase, attempt to purchase, possess or use tobacco in any form or any product that is used for the formation of a smoking device. A person who violates this section is guilty of a misdemeanor, punishable by a fine of not more than $50.00 for each offense.

May 22, 2012

52-4 District Court – Indecent Conduct

by Hilf & Hilf, PLC

Indecent Conduct Offenses at the 52-4 District Court in Troy, Michigan

The following is a list of Indecent Conduct violations that are handled by the Troy City Attorney against individuals. There are other Indecent Conduct related offenses that can be charged as state law offenses that are not a part of this blog. For violations of this ordinance, contact Hilf & Hilf, PLC for help from experienced criminal lawyers.

98.03.01 Indecent Exposure. No person shall make any indecent exhibition or exposure of his or her person. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 93 days or by a fine of not more than $500, or both.

May 22, 2012

52-4 District Court – Malicious Destruction of Property

by Hilf & Hilf, PLC

Malicious Destruction of Property Offenses at the 52-4 District Court in Troy, Michigan

The following is a list of Malicious Destruction of Property related violations. For Malicious Destruction of Property Cases Contact Hilf & Hilf, PLC for help from experienced criminal defense lawyers.

The following are local ordinance violations at the 52-4 District Court for Troy, Michigan cases: