Crimes

February 25, 2017

What is Cyberstalking

Cyberstalking in Michigan is viewed as a serious offense. The law that applies to cyberstalking, MCL 750.411s(1) provides that a person shall not post a message through a communication medium such as the internet, computer, or other electronic medium with the complainant’s consent if all of the following apply to the situation: (a) the person knows or has reason to know that posting the message could cause 2 or more separate noncontinuous acts of un-consented contact with the complainant; (b) the intent behind point the message is to cause conduct to make the complainant feel terrorized, frightened, intimidated, threatened, harassed, or molested; (c) this conduct of posting the message would make a reasonable person to suffer emotional distress; (d) AND conduct from posting the message actually causes the complainant emotional distressed and to feel terrorized, frightened, intimidated, threatened harassed, or molested.

If you communicate with someone else through the internet, a computer, a computer program, network, or system for the purpose of committing, attempting to commit, soliciting someone else to commit stalking or aggravated stalking, this is also a crime in Michigan pursuant to MCL 750;145d(1)(b).

There are a few exceptions to cyberstalking under the law such as Constitutionally protected speech or activity, and to the internet company or computer service provider who acts in good faith and is unaware of the specific nature of what was posted. There are other defenses that can be pursued by an experienced criminal lawyer, such as Attorney Daniel Hilf.

February 23, 2017

Pulled Over For No Reason

by Hilf & Hilf, PLC

It does not take much for a police officer to pull a car over in Michigan. Even though the 4th Amendment to the United States Constitution protects the right of the people from unreasonable searches and seizures, people still get pulled over with little justification.

Part of the reason is that the law uses words such as “unreasonable”, which gets watered down over time in favor of law enforcement. When a stop is challenged in Court, the Judge is supposed to examine the totality of the circumstances in making a decision, according to Ohio v. Robinette, 519 US 33; 117 S Ct 417 (1996). The officer must have a reasonable suspicion that the vehicle or an occupant of the vehicle was in violation of the law. Terry v. Ohio, 392 US 1; 88 S Ct 1868 (1968); People v. Williams, 236 Mich App 610 (1999).

Included in the notion of stopping someone based upon a violation of the law are things such as equipment violations. Under the Michigan Motor Vehicle Code an officer may stop and inspect a motor vehicle for an equipment violation. Michigan Compiled Law 257.715(1) states that equipment on motor vehicles must be maintained, and a uniformed police officer is able to stop a car and inspect the vehicle and issue traffic tickets for defects as long as he or she has reasonable grounds to do so. Equipment violations do not even have to be a safety violation or effect the performance of the car. For example, if the light bulb that lights up the license plate is burned out, which is a violation of Michigan Compiled Law 257.686(2), this is enough to allow a stop.

February 22, 2017

How do I turn myself in on a warrant?

by Hilf & Hilf, PLC

Warrants can be issued by Courts due to new cases, for probation violations, or failing to comply with a court order (for example, failure to appear when properly subpoenaed can lead to a show cause or a material witness warrant). When the warrant is from out of State, sometimes there will be a request for extradition to enforce the outstanding warrant.

Notification of the warrant can be through the mail, a telephone call from police, or even perhaps from a friend or family member that received information from a police officer. When a valid warrant exists you are at risk of being arrested whenever a police contact occurs. The police contact can be a simple traffic stop, through a customs or border agent when entering the United States, or law enforcement could take a proactive approach and knock on your door or arrest you on your way to work. Sometimes when you are stopped by police and they discover a warrant you are released because the jurisdiction where the warrant is from simply does not want to pick you up. This is common for people stopped by the police in Oakland County for many misdemeanor offenses in Detroit. There sometimes is a period of detention that occurs while law enforcement finds out whether or not the jurisdiction where the warrant exists will pick you up on that warrant. In most instances if there is a valid warrant you should count on being taken to the court to address the matter. In some instances, there is a bond or an interim bond that is set to allow for release.

If you have a warrant for your arrest your first step is to contact a lawyer that is experienced and that can help you, such as attorney Daniel Hilf from the law firm of Hilf & Hilf, PLC. Why do you need a lawyer for a warrant?

February 12, 2017

What is the Penalty for Michigan DNR Violations

by Hilf & Hilf, PLC

In Michigan it is the responsibility of every hunter, and every person who fishes, to know the laws as it relates to their hunting and fishing privileges. These laws and penalties are always subject to revision, and it is recommended that you read the Michigan Hunting and Trapping Digest for the current year at the start of the season. When a DNR conservation officer issues a ticket, their are certain offenses that carry mandatory penalties upon conviction:

Violation of permits to hunt/fish, hunger/fishing out of season, bag limit violations, shooting during prohibited hours, and improper methods of taking game can lead to a fine from $50 to $500 dollars and a maximum of 90 days in jail.
Illegally taking a deer carries a maximum sentence of 90 days. This offense also will lead to the imposition of restitution of $1000 per animal and another $1000 if antlered. For trophy deers, their is also restitution of $500 for each point for a deer with 8 to 10 points, and $750 for each point for deer with 11 or more points. On top of this, there is a revocation of hunting privileges for the current hunting season plus 3 additional years. If the deer is antlered, for a first offense there is an additional 2 year suspension, and for a second offense and additional 7 year suspension. The hunter’s firearm, crossbow, or bow is also subject to forfeiture. The court will also potentially impose court costs and probation with conditions as well.

February 10, 2017

Troy Retail Fraud Arrest

by Hilf & Hilf, PLC

Due to the popularity of Somerset Mall, Oakland Mall, Nordstrom Rack, and other shopping destinations, there is a large volume of retail fraud investigations in the city of Troy. Most retail fraud cases begin with an individual’s apprehension by a lost prevention employee (asset protection) from the store. The lost prevention employee typically detains the individual and recovers the merchandise in question and determines whether or not the merchandise was purchased. If the lost prevention employee makes a determination that shoplifting occurs he/or she will usually attempts to have the individual admit verbally and sometimes in writing to the theft, contacts the police, and writes a store report about the incident. The responding police officer is usually given a copy of that store report, along with any store video. The merchandise that is the subject of the complaint is photographed, and a determination is made as to the retail price of the merchandise involved. The individual is given notice by the store that he or she will be considered a trespasser.

The police officer has the discretion to issue a ticket, which will require the individual to be arraigned at the district court within 10 days, or to take the individual into custody. If the alleged retail fraud is a felony, or the individual has warrants, the individual is typically taken into custody. If the individual is a minor, typically a parent or guardian is contacted and the minor is released to their custody. A person who is in custody, in most circumstances, is arraigned within 72 hours before a magistrate.

At the arraignment a magistrate or Judge will read the charge or charges in open court, provide notice of the potential penalty, determine if the individual needs a court appointed lawyer for the next court date, and sets bond. For bond purposes the magistrate or Judge will typically consider the individual’s risk of flight (whether or not they will appear in court) and danger to the community (typically the individual’s prior record or information about the alleged offense) when setting the bond amount. The bond amount can be a personal bond (no money is required), cash, surety, or 10%. The bond amount can include restrictions such as (but not limited to) drug/alcohol testing, inability to leave the State of Michigan, no new criminal offenses, etc. The legal representation that an individual receives can influence the bond amount and bond conditions.

April 4, 2016

I Violated My Probation for the Second Time, Now What?

by Hilf & Hilf, PLC

It happened again. You’ve violated your probation for a second time and jail time is looking very possible in your future.

Whether it was a failed drug test, not reporting to your probation officer or being arrested for a new offense, the judge will likely be much less lenient the second time around. So, what should you expect to happen?

According to Lawyers.com, here are some of the consequences that come with violating probation:

January 27, 2016

Attorney Fee for Criminal Lawyer

by Hilf & Hilf, PLC

There is no set guideline or rule as to how much a criminal lawyer charges for a given case. How much a lawyer charges may depend upon a variety of factors: the nature of the charge; the anticipated amount of work that needs to be performed; the anticipated amount of time that needs to be spent; the reputation, experience, and expertise of the lawyer; the complexity of the case; whether or not the case is expected to go to trial; etc.

In Michigan, a lawyer is ethically not allowed to charge a contingency fee for a criminal case (i.e. no fee unless we win or a certain result is obtained). A lawyer is also not allowed to pay any fees, costs, restitution, or post bond on behalf of the client that is in the lawyer’s name.

Many jurisdictions do not allow a court appointed lawyer to receive compensation beyond what the court appointed fee schedule provides, and the client is not allowed to pay extra to the court appointed lawyer with the hope that the lawyer will spend more time on the case. A court appointed lawyer is not usually free, and the court will usually order a Defendant to reimburse the jurisdiction for the cost of the lawyer. With court appointed lawyers there is always a concern that you get what you pay for. A court appointed lawyer is sometimes overwhelmed, inexperienced, and/or indifferent to your situation. When faced with a criminal accusation, you really need to consider what will be best for you, your family, and your future.

January 26, 2016

What Rights Are Lost After a Felony Conviction?

by Hilf & Hilf, PLC

Felony Conviction
As Americans, we revere our civil liberties and hold our rights close to our hearts. However, if you are convicted of a felony, then you will lose some of those rights. Since a felony charge always carries serious penalties and life altering consequences, it’s important to work with a skilled criminal defense attorney who will not only work hard to keep you out of jail, but will also fight to protect your freedom to exercise your rights.

Some crimes that the federal government and the State of Michigan classify as felonies include possession of drugs, assault with a weapon, and burglary over $1,000. Once defendants are convicted of a felony, they lose many rights, such as the right to vote. Many states prohibit felons from ever voting again, but in Michigan, convicted felons are only barred from voting while they are incarcerated. Upon release, they are free to vote again. Other rights felons lose include joining the military and serving on a jury.

When it comes to possessing firearms, felons lose the right under both Michigan and federal law. Felons are also prohibited from carrying a concealed weapon, no matter the type or size. They are also unable to obtain a Michigan liquor or gaming license. As such, felons cannot own any business that sells or serves alcohol or permits gambling. The only way they can own a business that sells and serves liquor is by requesting a liquor license from the Michigan Liquor Control Commission, and it is highly unlikely that they will grant a felon a license. Also, if a felon was working at a casino with a gaming license, they will lose their license after the conviction and, thus, lose their job.

January 26, 2016

Who Can Be Charged as an Accessory to a Crime?

by Hilf & Hilf, PLC

Criminal Defense Attorney
If you pay even a small amount of attention to our judicial system, or you stay abreast with the latest high profile criminal court cases, then you’ve probably heard about someone being charged as an accessory to a crime. While this term might conjure up images of drivers of getaway cars, it can actually take a lot less to be charged as an accessory.

To be convicted as an accessory, the prosecution must prove that a person willingly participated in the crime. Just because the person was not present at the scene of crime, they can still be held accountable for knowing about, and contributing to, the crime. A person may also be charged as an accessory before or after the fact if they had knowledge and participated in the planning or covering up of the crime. Conversely, if the defendant didn’t actually know that they were aiding a criminal before or after a crime, then they cannot be found guilty as an accessory.

An accessory before the fact is someone who assists, aids and abets, or even encourages the other person to commit the crime. This also includes someone who contributes to the preparation of the crime by either purchasing or making a weapon for the other person to use during the crime. An accessory after the fact is someone who sheltered or assisted the criminal after the crime was committed. For example, if you drove a getaway car, even though you weren’t present at the crime, you were an accessory after the fact. Even if the crime wasn’t completed, just having the intent to assist someone in the aftermath of a crime can be enough to warrant a guilty verdict.

December 18, 2015

How Can You Find the Best Attorney to Defend You Against Criminal Charges?

by Hilf & Hilf, PLC

Finding a Defense Attorney
If you’ve been charged with a crime, the absolute first thing you need to do is to secure a good attorney. You don’t want to have to rely on the overworked public defender to help your case, and you absolutely don’t want to let the police and the prosecutor have their way with you without proper representation. However, with all the lawyers listed in any given area, it can be tough to decide which one to go with. Luckily, there are a few tips you can follow to make sure that you’re picking the right attorney for your case.

Specialty in Criminal Defense

For every aspect of law, there’s a lawyer who’s specifically trained in that one area. You need to make sure that you’re matching the right attorney with your specific situation. A patent law specialist isn’t going to do you much good in your situation; you need an expert with experience in criminal defense. The problem is there are some attorneys that claim to specialize in criminal defense that are not being truthful. Handling a criminal case from time to time is much different than being a full time practitioner. A so called criminal defense lawyer that has no trial experience may only seek to run you through the system.