Crimes

November 30, 2015

Do You Have to Let the Police Search Your Car If They Ask?

Police Searching Your Car
In most cases, police officers are required to have a search warrant in order to search your vehicle; however, during a traffic stop, an officer is only required to possess probable cause to legally search your car. An experienced criminal defense attorney can tell you that probable cause simply means the officer must have sufficient evidence to believe that you are involved in criminal activity. An officer cannot search your car simply because they have a hunch you are up to something.

There are some exceptions to the search warrant requirement that enable police officers to search your vehicle. If you are arrested for a criminal offense while driving, the car can be searched incident to arrest. If the vehicle is impounded, it can be searched so there is an inventory of the vehicle. If an item of contraband is in plain view, the officer is allowed to go into your vehicle and seize it. At the border, if you are coming into the United States by driving a vehicle, that car is always subject to search.

First and foremost, it is imperative to remember that, if you are stopped by a police officer, remain cool and calm. If the officer chooses to detain you and requests to search your vehicle, you have the legal right to refuse consent to the search. You should clearly and verbally refuse; however, you should never, never physically resist an officer. Even a simple touch on the officer’s shoulder or arm provides them with enough justification to Taser you, beat you, and arrest you. You could be charged with a felony for assaulting a police officer. Many of my clients keep my business card or telephone number in their wallet or smartphone just in case they need it.

November 17, 2015

How Should You Prepare for the First Meeting With Your Defense Attorney?

by Hilf & Hilf, PLC

Defense Attorney Consultation
Preparing for your first meeting with your criminal defense lawyer is important. Regardless of how good your attorney might be, he or she must rely on the information you provide. If this information is inaccurate or incomplete, it can be harmful to your case.

Prepare an Accurate Account of What Happened

Interacting with law enforcement can be stressful, but it is imperative to remember the details of your encounters. Small details about what was said or where you were can be critical to your defense. If you happened to incriminate yourself during questioning, details regarding the circumstances under which you were questioned can assist your defense attorney in preventing those statements from being admitted into court. Even if your lawyer cannot prevent the statements from being admitted, it is still important to know the exact details because they will more than likely come up during your trial. In terms of what happened, you should be cautious that any statements you make (written, electronic, verbal) can be used against you. Any accounts that you have about your case should be shared only with your lawyer, and only when you are in a private, confidential location.

November 3, 2015

Somerset Collection Retail Fraud

by Hilf & Hilf, PLC

The Somerset Collection (which is also often referred to as Somerset Mall) in Troy, Michigan is known for its assortment of high end stores and is a popular destination for many shoppers. One of the issues that the mall and its individual stores face everyday is retail fraud (also known as shoplifting). The Somerset Collection and its individual retailers combat this issue by employing trained security/loss prevention workers, closed circuit television (CCTV), and theft detection devices to identify, and aid in the apprehension and prosecution of suspected shoplifters. One of the strategies to address the retail theft issue is aggressive prosecution by the Oakland County Prosecutor’s Office and the Troy City Attorney to act as a deterrence to others and to try and prevent repeat offenders.

A conviction for Retail Fraud (also known as shoplifting) can have serious implications on an individual’s reputation, employment or career, ability to get school loans or attend school, and immigration status (for persons that are not citizens). There is the potential for incarceration, probation with conditions, community service, drug testing, economic crimes classes, counseling, fines, cost, and restitution for an individual who is convicted of retail fraud.

Retail Fraud always involves an allegation of a theft from a store which is open to the public for business at the time of the offense. It can occur by either physically moving or concealing merchandise with the intent to steal, or altering or removing a price tag with the intent to defraud.

October 20, 2015

What Is the Difference Between State and Federal Prosecution?

by Hilf & Hilf, PLC

State and Federal Prosecution Defense
Depending on the nature of a crime, an individual can either be prosecuted at the state or federal level. In either case, the prosecutor formally charges a person based on evidence. In most cases in Federal Court, cases proceed on the basis of an indictment, rather than an information. In Michigan State Court prosecutions usually an information is filed, rather than an indictment.

If there is not enough evidence, sometimes the State or Federal government will not officially charge someone with a crime if they do not think they can prove to a jury, beyond a reasonable doubt, that the person in question committed the crime. At Hilf & Hilf PLC, we try to educate our prospective clients on the prosecution process so they better understand why a State or Federal prosecutor has filed charges and why it’s so important to secure the help of the right criminal defense attorney.

It’s somewhat difficult to provide a list of crimes that automatically fall under state or federal jurisdictions because many felonies are subject to a state prosecution such as car theft, murder, criminal sexual conduct and more. However, if a person crossed state lines or used inter-state commerce while committing one of these crimes, federal prosecution is possible. In general, Federal prosecutors will file charges against someone for offenses such as interstate drug or gun trafficking, robbery of federally insured banks, federal tax crimes, and other offenses that have the possibility of causing serious harm or damage. With some offenses, such as child pornography, decisions as to prosecutions are made by Federal prosecutors and State task forces. Considerations as to child pornography prosecutions are made based upon: the number of images allegedly possessed; whether or not the individual allegedly possessed, distributed, or produced the images in question; the alleged nature of the acts contained in the images; whether or not inter-State sales or distribution of the images occurred; whether or not human trafficking occurred, etc.

October 19, 2015

Electronic Monitoring in Criminal Cases

by Hilf & Hilf, PLC

Currently there a 4 types of electronic monitoring that are used in many types of criminal cases:

1) Ignition Interlock – this is a breathalyzer that is installed in one or several vehicles owned by a person ordered to be monitored which prevents the person from starting their car if alcohol is detected. This type of device is also used in cases in which limited restoration of driving privileges is granted by the secretary of state.

2) Breathalyzer Monitor – this is a device that randomly monitors an individual for alcohol. When the device makes a call to the person being monitored, he or she is required to blow into the device. The device is also equipped with a camera to verify the identity of the person taking the test.

October 12, 2015

When Do You Have a Right to Refuse Police Questioning?

by Hilf & Hilf, PLC

Police Questioning
If you are out in public minding your own business and are approached by the police, you might think that you’re obligated to answer their questions. Sometimes, police question individuals in an effort to better understand a situation, locate a person of interest, or to help solve a crime. Most of the time, police officers are simply doing their jobs, but it is important for those who are approached by the police to remember something very important. Simply because a police officer wishes to speak with you does not mean that you are under any obligation to engage in conversation with him or her. However, if you are stopped while driving in Michigan, you have to present the officer with your driver’s license, proof of insurance, and your vehicle’s registration, but you do not have to answer questions from the police without a criminal defense attorney present, if you choose.

If you are stopped and questioned by the police on the street, or in another public place, you can ask the officer whether you are being arrested. If you are not under arrest, you are free to leave at any time, although you might not want to run away because you might then be considered a suspect. However, officers are allowed to detain individuals for short periods of time while conducting an investigation, and for officer’s safety.

For matters of little importance, it’s usually perfectly acceptable to answer questions from the police, but at times, police might be questioning you in an effort to determine whether you are a suspect of a certain crime. In these cases, you might wish to invoke your right to remain silent, or simply walk away if you are not detained. If you are not engaging in unlawful behavior and the police do not have probable cause that suggests you are, you have every right to refuse any type of question. It is important to remember that you have a right to remain silent. You do not have a right to lie to police officers. Lying to police officers is a crime that can lead to prosecution, and it also will be used against you if you are prosecuted for any offense.

October 7, 2015

Consent Probation for Juvenile Court

by Hilf & Hilf, PLC

Juvenile first time offenders can sometimes qualify for consent probation (also known as the consent calendar). The advantage of consent probation is that the juvenile receives a commitment that if he or she follows the conditions of the court that they will not be detained in a juvenile facility. Also the offense is not placed on the juvenile’s record, which gives the juvenile the opportunity to have a better chance of success in life by keeping a clean record. The juvenile and his or her parent or guardian must agree to consent probation in order for it to occur. The conditions that the court could impose include, but are not limited to, the any or all of the following: community service, counseling, drug testing, alcohol testing, writing an essay, paying restitution, remaining in school, obtaining and keeping a job, etc.

If the juvenile does not abide by the terms of consent probation, the case could be prosecuted and the juvenile could end up being detained. If the case is prosecuted and a determination of guilt is made, the Judge or referee assigned to the case has broad discretion in terms of sentencing. Sentencing could including being detained in a juvenile facility, probation with conditions (such as community service, counseling, programs, drug and alcohol testing, etc.).

Being placed on consent probation is not automatic – it is within the discretion of the court. Juveniles accused of criminal conduct , or accused of not following the terms of consent probation or probation, should have experienced legal representation. When a case is ultimately reviewed by a juvenile court referee or Judge, he or she may make a determination that the juvenile should not be afforded this privilege. The juvenile is questioned by the assigned referee or Judge before they make a determination as to whether or not the placement should occur. The juvenile has a right to bring a retained lawyer to any court date.

September 21, 2015

What Is the Process for Appealing a Felony Conviction in Michigan?

by Hilf & Hilf, PLC

Criminal Appeals Lawyer
Sometimes, those convicted of felonies seek to appeal their case to a higher court. Usually, the defense attorney attempts to prove that an error occurred in the application of the law. After an individual is found guilty of a felony in Michigan, he or she has a period of 42 days to petition a higher court for another trial.

Persons that plead guilty or no contest to criminal offenses can file an application for leave to appeal, if they file the application timely. The appellate court will decide on the application alone whether or not they will actually hear the appeal. The prosecution is not obligated to file a response to an application for leave to appeal. Most cases involving applications for leave to appeal are rejected at the appellate level. If the application for leave to appeal is granted, the appellate procedure is followed in the same way as if the appeal was by right. The prosecutor has the opportunity to respond. Both sides have the ability to seek an oral argument on the appeal.

This petition to the Michigan Court of Appeals does not have to include the grounds for the appeal. However, the defendant must include a filing fee of $375, proof that transcripts were filed from the lower court’s proceedings, and a copy of the docket from the day of the original case. For a fee, the court reporter will provide the felon with a copy of the notes from the trial. Notes typically involve hearings, motions, the trial itself, and sentencing. A transcript in most cases is required, along with proof that the transcript was ordered.

September 15, 2015

Getting Caught for Shoplifting

by Hilf & Hilf, PLC

Retail fraud offenses are common, and getting caught for retail fraud occurs more frequently than ever before. There are several reasons why arrests have increased:

1. Many stores have policies to prosecute shoplifters when caught. The rationale is that it acts as a deterrent for thefts occurring in the future. However, people commit retail fraud for a variety of reasons (the belief they wont get caught, the thrill of stealing, the desire to obtain something not affordable, mental condition such as kleptomania, peer pressure, to support a drug habit or otherwise obtain money, etc., etc.). Although deterrence is a goal, retail theft crimes are still widespread. Once caught, prosecutors and Judges are sometimes less inclined to give a break to someone charged with shoplifting because they want to protect the store, which provides tax revenue to the community. This is also a symbiotic relationship with the Court, because retail fraud convictions lead to additional revenue to the Court in the form of court costs, fines, and probation supervision fees.

2. Better store designs help prevent theft. Store designs that maximize the visibility of the shopper to loss prevention, employees, and other shoppers have lead to more arrests. Stores try to eliminate areas where hidden or blind spots exists in stores by having wider aisles, better sight lines, location of cash registers near exits, locating high theft items in more visible places, securing high theft items with locks or locked cabinets, and the use of better and the more widespread placement of cameras.

September 14, 2015

What Are the Steps in a Criminal Trial?

by Hilf & Hilf, PLC

Criminal Trial Lawyer
Being charged with a crime is one of the worst experiences in life. What makes matters worse is navigating through the criminal justice system without a clue regarding what happens next. The criminal justice system is complicated and it includes numerous procedures along the way.

After an arrest, the police communicate with the prosecutor’s office to discuss their perception of the facts surrounding the case. The prosecutor determines whether to charge the individual with a crime based upon the evidence provided by the police.

Next, the arrested person is arraigned in district court. At this time, the judge notifies the defendant of the charges and informs them of their constitutional rights. If the matter meets felony criteria, a probable cause conference is set. During the arraignment, the judge notifies the defendant of their bond and tells the defendant other conditions that must be met, such as no contact with the accuser.