Crimes

May 21, 2012

52-4 District Court – Disorderly Conduct

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

The following is a list of Disorderly Conduct Ordinance violations that are handled by the Troy City Attorney against individuals. For violations of this local ordinance, contact Hilf & Hilf, PLC for help from experienced criminal defense lawyers.

98.05.01 Trespass by Willful Entry. No person shall willfully enter upon the lands or premises of another, without lawful authority, after having been forbidden to do so by the owner or occupant, agent or servant of the owner or occupant. A person who violates this section is guilty of a misdemeanor.

May 18, 2012

52-4 District Court – Drug Offenses

by Hilf & Hilf, PLC

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

The following is a list of Drug Ordindance violations that are handled by the Troy City Attorney:

98.11.01 Possession or Use of Marijuana. No person shall knowingly or intentionally possess or use marijuana except as authorized by state law. 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 18, 2012

52-4 District Court – Massage Parlors

by Hilf & Hilf, PLC

The following are the requirements for operating a massage parlor in the city of Troy, Michigan. For violations of this ordinance, contact Hilf & Hilf, PLC for help from experienced lawyers.

Chapter 98-A – Massage Facility License

1. Definitions:

May 15, 2012

Top 10 Complaints About Court Appointed Attorneys and Public Defenders

by Hilf & Hilf, PLC

Several years ago there was a call in Michigan and throughout the United States to reform the Court appointed attorney and public defender system. Since the economic meltdown that resulted in a lower tax base for local, state, and Federal governments, that call has largely been forgotten. Even without the current economic conditions, the priorty to help individuals accused of crimes through providing competent legal representation has never been a priority within our society and government. Many (but not all) Court appointed attorneys and public defenders provide a very adequate defense with the limited resources that they have. Complaints – right or wrong – persist against Court appointed attorneys and public defenders in general, with the belief or assumption that a retained lawyer would do much better. The 10 most common complaints about Court appointed attorneys and public defenders include:

1. The attorney will not return my phone calls.

A lawyer is supposed to keep his or her client reasonably informed as to the case so that appropriate, voluntary, knowing, and understanding decisions are made during the course of the legal representation. That duty to inform does not extend to family members and friends of the client, and sometimes these complaints are based upon the feelings of friends and family members.

May 10, 2012

Welfare Fraud

by Hilf & Hilf, PLC

In Michigan Welfare Fraud can have several possible criminal consequences:

It is a crime under MCL 400.60 for a person to make a false statement, false representation, false impersonation, or otherwise to commit a fraud (or aid and abet in the commission of a fraud) to obtain assistance or relief which he or she is not is not justly entitled to receive. It is also a crime to receive a larger amount of assistance or relief that the person is justly entitled to receive An officer or employee of the Michigan Family Independence Agency who authorizes or recommends relief to persons known by the individual to be ineligible or to have fraudulently created their eligibility can also be prosecuted for Welfare Fraud. A person who knowingly buys, or aids or abets in buying or disposing of the assistance received by an individual from the Michigan Family Independence Agency without the consent of the director or supervisor of the state agency can also be prosecuted as well. A person who receives benefits either directly or through a relative who has a change of circumstances that may affect the amount of assistance available could also face a criminal charge of Welfare Fraud for failing to disclose the change of circumstances.

The punishment depends upon the amount of the benefit received. If the amount involved is $500 (five hundred dollars) or less, the offense is a 1 year maximum misdemeanor. If the amount involved is greater than $500 (five hundred dollars), the offense is a 4 year maximum felony. The amount calculated is the difference between the lawful amount of assistance or aid and the amount of assistance or aid actually received. Naturally, an officer or employee of the Michigan Family Independence Agency who is convicted of any of the above referenced Welfare Fraud offenses will lose their job as well.

May 8, 2012

Gross Indecency

by Hilf & Hilf, PLC

Gross Indecency basically involves a sexual act between 2 or more persons in a public place, or in a location where a member of the public could have been exposed to or viewed the sexual act. Locations such as a rest stop, a public bathroom, a public park, and in a private home but in front of a window are all places in which sexual acts between consenting adults have and will result in prosecution for Gross Indecency in many instances. A sexual act is more than just kissing for purposes of this offense; there must be some form of touching of a private part or sexual penetration between persons involving 1 or more private parts.

There are 3 offenses related to Gross Indecency in Michigan: Gross Indecency between Male and Female Persons (MCL 750.338b); Gross Indecency between Female Persons (MCL 750.338a); and Gross Indecency between Male Persons (MCL 750.338). Regardless of the sex or sexual orientation of the participants, the potential penalty is the same – Gross Indecency is a felony offense which carries a possible punishment of up to 4 years in prison or a fine of not more than $2500. If the participant is deemed to be a sexually delinquent person, the Defendant (if convicted) faces an indeterminate prison sentence with a mandatory minimum of 1 day and a maximum of life. A sexually delinquent person is defined as a person whose sexual behavior is characterized by repetitive or compulsive acts which indicate a disregard of the consequences of the recognized rights of others, or by the use of force upon another person in attempting sexual relations of either a heterosexual or homosexual nature, or by the commission of sexual aggressions against children under the age of 16 years.

Gross Indecency may subject a Defendant, if convicted, to the requirements of the Michigan Sex Offender Registration Act. Gross Indecency involving a victim less than 13 years old will result in a Tier III registration requirement pursuant to MCL 750.388, MCL 750.388a, and MCL 750.388b. Tier III cases are the most severe sex offenses, which places the offender on a lifetime public registry. The information must be verified by the offender with law enforcement at least 4 times a year; January 1st through 15th; April 1st through 15th; July 1st through 15th; October 1st through 15th.

May 2, 2012

Animal Fighting and Animal Cruelty

by Hilf & Hilf, PLC

There are a number of criminal offenses in Michigan related to Animal Fighting, Animal Neglect and Animal Cruelty. An “animal” is broadly defined by Michigan law as a vertebrate other than a human. Hence, these crimes can involve just about any type of animal.

Animal Fighting Offenses

Any of the following offenses are categorized as felonies, pursuant to MCL 750.49(2)(a) through (e), which carry a maximum term of incarceration up to 4 years, a fine of not less than $5,000 or more than $50,000, and not less than 500 or more than 1,000 hours of community service:

April 29, 2012

Polygraph Examinations

by Hilf & Hilf, PLC

A polygraph examination (which is also known as a lie detector test) is used by law enforcement officers for a variety of reasons. Although many studies place the accuracy of polygraph tests at around 90% if the right protocol is employed, the results of a polygraph are not admissible in Michigan Courts (in other jurisdictions, polygraph tests may be admissible). It is important to know, however, that the answers given before, during, and after a polygraph examination in Michigan (and probably all other States) are in most cases admissible in Court.

Why Is a Polygraph Examination Offered To An Individual?

Reasons why a polygraph examination are offered include the desire by the police to: obtain an admissible confession from a suspect or Defendant, eliminate possible suspects to a crime, attempt to learn more information about a crime, confirm parts of an investigation, obtain leverage against other Defendants by attempting to obtain cooperation from an individual, and to preserve resources by not going forward on questionable or suspect cases.

April 23, 2012

Aggravated Assault

by Hilf & Hilf, PLC

In Michigan, a person who assaults an individual without a weapon and inflicts serious or aggravated injury, without intending to commit murder or to inflict great bodily harm less than murder, can be charged with a misdemeanor offense called Aggravated Assault. Aggravated Assault is a misdemeanor offense that carries a maximum possible sentence of 1 year in jail and/or a possible fine of up to $1,000. A serious or aggravated injury is defined as a physical injury that requires immediate medical treatment or that causes disfigurement, impairment of health, or impairment of a part of the body.

The offense becomes a 2 year maximum felony (Aggravated Domestic Violence) if all of the following occur:

First, the instant charge is Aggravated Assault;

April 19, 2012

Can A Police Officer Arrest Me Without Evidence

by Hilf & Hilf, PLC

Can A Police Officer Arrest Me Without Evidence?

A determination needs to be made by a police officer that there is probable cause in order to make an arrest. Probable (or reasonable) cause for an arrest exists when the facts are sufficient to cause a fair minded person of average intelligence to believe that the Defendant committed the alleged crime. If the police officer makes a probable cause determination, one of several things can happen:

1) The police officer can make an arrest if a misdemeanor or felony is committed in a police officer’s presence, or when a police officer has probable (or reasonable) cause to believe a misdemeanor or felony was committed and probable (or reasonable) cause to believe that the Defendant committed the offense.