Crimes

March 26, 2017

Arrested for Retail Fraud from Sephora

Sephora stores are very proactive in their attempts to curtail retail fraud. The fact that they sell small, popular, and often expensive products seems to tempt persons to steal from them. A disproportionate number of clients that I represent are alleged shoplifters from Sephora stores, which says a lot about how Sephora stores are run. From my observations as a criminal defense lawyer, they have implemented a number of different policies and procedures to combat shoplifting.

First, Sephora seems to be willing to prosecute persons detained for shoplifting from their stores. The store also actively bans shoplifters from their stores by no trespassing orders that are given to the persons detained for suspected retail theft. They employ a law firm to civilly seek damages against persons that steal from Sephora.

Second, they have a well staffed store. There are many sales associates throughout the store that are trained to interact with customers. This serves a two fold purpose – to encourage sales and to create a deterrent for persons that are considering to commit an offense.

March 23, 2017

How Much Is a Lawyer for a Felony Case?

by Hilf & Hilf, PLC

There are many different felony charges, and the amount that a lawyer charges for one as opposed to another may differ. There are a variety of reasons why different felony offenses may cost different amounts.

First, some types of cases are more complex than others. Some cases require great preparation, thorough legal research, and the allocution of the correct resources. Resources may include the use of private investigators, expert witnesses, subpoenaing of records, etc.

Second, some cases take a lot more time for a lawyer to handle. Sometimes the amount of discovery the lawyer receives is so large that it takes days to review it all. Some cases require preliminary examinations, motions, and evidentiary hearings to challenge the evidence being presented. If the case requires a lot of time the criminal defense lawyer may not have the time or ability to take on new cases.

March 21, 2017

How Much Is A Lawyer For A Misdemeanor?

by Hilf & Hilf, PLC

There is not a standard fee that lawyers charge for any particular misdemeanor. If you speak with multiple lawyers about handling your case and the fee involved for the legal representation, you are likely to get multiple answers. There are a number of factors that a lawyer may consider when deciding upon the proper amount to charge for criminal defense legal work:

the complexity of the case;
the likely time commitment involved;

March 17, 2017

How Do I Get Bonded Out For A Criminal Case

by Hilf & Hilf, PLC

In State Courts in Michigan when you receive a ticket for a criminal case, are notified that you have a warrant for a criminal charge, or are placed under arrest and taken into custody, the manner in which a bond is obtained may be different. The factors that a Judge or Magistrate considers in Michigan when setting a bond are the same for misdemeanor and felony cases. Generally, a Court will set conditions of pretrial release or detention that addresses two issues: the particular Defendant’s potential to not appear in Court and threat to the public safety. It is supposed to be the least restrictive manner necessary to accomplish these two issues. There are a number of factors that the Court considers that are contained in Michigan Court Rule 6.106.

Bond can be set as a personal bond, in a monetary amount (cash, surety, or 10%), or denied (for murder, treason, or some violent felonies depending upon the circumstances). Bond can also be denied (or cannot be posted, or release will not be allowed) if the Defendant is on parole or has an Immigration Detainer. If bond is allowed or can otherwise be posted, but the monetary amount is too high for the Defendant to post, he or she can try and make arrangements with a bail bondsman. A Judge is free to place conditions on the bond such as drug/alcohol testing, tether, monitoring, curfews, travel restrictions, no contact provisions, etc. Likewise, a bail bondsman may require a tether or monitoring as a condition of posting the bond on behalf of the Defendant. A violation of bond conditions, or of the agreement the Defendant has with the bail bondsman, can lead to incarceration. If bond cannot be posted, the Defendant will remain in custody.

For cash or 10% bonds that a Defendant can post, cash is always accepted. Most Courts also allow for credit/debit card payment (with a service fee), money orders, and cashier’s check. It is always a good idea to check with the Court or jail in advance so you or your family are prepared.

March 14, 2017

What is Organized Retail Fraud

by Hilf & Hilf, PLC

Michigan, in an effort to discourage people from stealing from stores and reselling what was stolen, enacted a law called Organized Retail Fraud. Pursuant to Michigan Compiled Law section 752.1084, Organized Retail Fraud is a felony that carries up to 5 years in prison, a fine of $5,000, or both. If committed by a merchant, the merchant’s inventory is subject to forfeiture. Restitution is always ordered in these cases if the merchandise is not recovered or cannot be resold. Probation is a possibility for these types of offenses in many cases, and having an experienced criminal lawyer is a necessity to help you try to obtain the best possible result.

How Retail Fraud Differs from Organized Retail Fraud. Retail Fraud, or shoplifting, is basically a theft from a store that is open to the public of merchandise offered for sale. Retail Fraud can be a 93 day misdemeanor if prosecuted under local ordinance or if the dollar value of the merchandise is under $200 (two hundred dollars). It can be a 1 year misdemeanor if the dollar value of the merchandise is under $200 (two hundred dollars) and the Defendant has a prior theft conviction, or if the dollar value of the merchandise is between $200 (two hundred) and $1000 (one thousand) dollars. Retail Fraud is a 5 year maximum felony if the dollar value of the merchandise is over $200 (two hundred) and the Defendant has a prior theft conviction, or if the merchandise is valued at $1000 (one thousand dollars) or more. Organized retail fraud is not controlled by dollar amounts or an individual’s prior record, although these might be factors that a prosecutor considers when initiating charges. Organized retail fraud is determined by the intent of the person or persons involved, and by what Michigan Compiled Law section 752.1084 defines as Organized Retail Fraud.

Examples of Organized Retail Fraud. With the internet, it is not uncommon for people to shoplift with the intent to sell those items online through eBay, Poshmark, or other websites as a business. There are also instances where individuals steal multiple identical items (such as razors, powdered baby formula, etc.) from a chain store (Walgreens, Meijers, Walmat, etc.) and sell those items cheaply to another smaller store (party store, mom and pop store, etc). The smaller store then turns around and resells those items. In this instance, both the persons who stole the items and sold it to the smaller store, and the smaller store employees who were knowingly part of this transaction, could be prosecuted for organized retail fraud.

March 12, 2017

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

by Hilf & Hilf, PLC

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 7, 2017

How to Schedule an Appointment with a Criminal Lawyer.

by Hilf & Hilf, PLC

A common reaction when someone is being investigated by law enforcement, is charged with a crime, or receives a ticket is “what should I do”. The answer to all of these scenarios is to contact a criminal defense lawyer immediately. The answer is the same if you did something wrong, or you didn’t do anything wrong. As to the timing as to when to contact the lawyer – the answer is immediately. A criminal lawyer will have the experience, the skills, and the expertise to help you through a difficult situation.

Finding a lawyer is easy through a number of different sources: the internet; through friends and family who might know a lawyer; advertisements; the State Bar association. Having the name of a lawyer is not enough. How do you know the lawyer is any good? Sometimes online reviews by other clients and other lawyers is a good indication. A lawyer’s website is likely to have biographical information that will tell you a great deal about the lawyer’s history and ability. The best way to find out is by taking the time to contact the lawyer and to ask pertinent questions.

Not every lawyer will be able to handle the case you have. Be careful of lawyers that advertise that they can handle every type of case (criminal law, social security, slip and fall, divorce, bankruptcy). Too often a lawyer that is a “jack of all trades” is truly a master of none.

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.