Michigan Criminal Attorneys Blog

July 28, 2016

Is an Immigrant Convicted of a Theft Deportable?

An immigrant convicted of theft is deportable if the theft is considered an aggravated felony. These immigrants include any noncitizen of the U.S (valid visa holders and green card holders). For a case with an undocumented immigrant with no lawful status that’s convicted of theft, that alone can be the basis of deportation, not act of theft itself.

Immigration law contains a list of crimes which make an immigrant subject to deportation due to moral turpitude, and although theft is not included separately, it is included in the list of crimes that are considered aggravated felonies. Complications arise when the realization of theft, most often prosecuted under state law, are being judged using Federal statutes to determine severity. The result is that a crime of theft that may be considered a misdemeanor in the state court where it is prosecuted could be considered, and in some cases, to be an aggravated felony for federal immigration purposes. This is due to the varying standards applied by immigration law.

The benchmark for considering a crime of theft an aggravated felony is that the convictions of theft, receipt of stolen property, or burglary could have a sentence of at least one year. Immigration law can be complex when considering the interaction of state and federal statutes and it is often difficult to state any rule with certainty. A crime that is less serious in other contexts, such as a minor theft, could be elevated to an aggravated felony in the eyes of the immigration authorities and result in deportation.

June 30, 2016

Dual Citizenship Under U.S. Immigration and Nationality Law

by Hilf & Hilf, PLC

According to the US Department of State, to hold dual citizenship or dual nationality means a person must be a national or hold citizenship of two countries at the same time. Though no specific provisions exist in law for this condition as they do inother countries, the Government of the United States recognizes the existence of dual citizenship while discouraging it as a matter of practice due the complications that may occur for the dual national. US law thus does not prohibit dual nationality and does not require a citizen to choose one nationality, but it is possible, though very uncommon, to lose US citizenship through accepting foreign nationality under certain circumstances.

Generally, if a US citizen obtains foreign nationality automatically, perhaps by parentage, his or her US citizenship status remains unaffected. If the person is required to take certain actions to obtain the foreign citizenship, then it becomes possible to lose US citizenship if the intention to abandon it is demonstrated, according to the State Department. The person must voluntarily apply for the second citizenship and do so with the intention of surrendering US citizenship. This allows dual citizenship in practice if not in name and there is little to no chance of inadvertently losing one’s citizenship by accepting a second. The country where the person resides is considered to have the strongest claim to allegiance.

When traveling, the United States asks that US passport holders who also hold other passports use their US passports when entering and exiting the country and this rule is common among most nations. Conflicts may arise for dual citizens due to the fact that they are expected to obey two sets of laws and issues such as obligatory military service and global taxation must be dealt with. Dual citizens should keep in mind that the US taxes worldwide income and they are required to report all income earned abroad.

June 21, 2016

52nd 2nd Division District Court in Clarkston

by Hilf & Hilf, PLC

The 52nd District Court – 2nd Division (which is also referred to as the Clarkston District Court or the 52-2 District Court) is located at 5850 Lorac in the city of Clarkston, Michigan. The Court serves the citizens of Clarkson, Ortonville, Springfield Township, Independence Township, Holly Township, Groveland Township, Rose Township, White Lake Township, Brandon Township, the village of Holly, and the village of Davisburg and handles civil, criminal, nuisance, zoning, and traffic offenses that are alleged to have occurred in those locations. There is also a probation department within the 52-2 District Court to assist the Judges with individuals that have pending criminal cases before the Court and probationary sentences. The hours of operation for the Court are from 8:30 am to 4:30 pm Monday through Friday. The Court is closed for all legal holidays. For persons that are not attorneys, camera phones are not permitted in the building.

The traffic division of the 52nd 2nd Division District Court processes tickets and citations written by local police agencies, the Oakland County Sheriff’s Department, and Michigan State Police officers. Non-criminal traffic violations can be paid at the 52-2 District Court, contested at an informal hearing without a lawyer (which usually occurs before the magistrate), or contested at a formal hearing before a Judge. The traffic division for the 52-2 District Court can be reached at (248) 625-4880×300. You have the right to hire an experienced traffic lawyer for purposes of a formal hearing; a city attorney or assistant Oakland County prosecutor represents the interests of the police department that issued the ticket or citation. An experienced traffic lawyer can, in many instances, negotiate a resolution to the ticket that carries less or no points in lieu of going forward with a hearing. For non-criminal traffic offenses a public defender is not provided.

The criminal division of the 52nd 2nd Division District Court processes local ordinance, misdemeanor, and felony criminal matters in which the 52-2 District Court has jurisdiction. Criminal cases can involve both traffic and non-traffic related matters depending upon the circumstances. The criminal division for the 52-2 District Court can be contacted at (248) 625-4880×301. For criminal prosecutions the person accused has the right to hire an experienced criminal defense lawyer for legal representation or seek the assistance of a public defender if indigent. All criminal cases require the accused to appear in Court to address the charge and cannot be settled by merely paying a fine at the front counter.

May 27, 2016

How Do Judges Determine Compensation for Personal Injury Victims?

by Hilf & Hilf, PLC

If it is determined that the defendant in a personal injury case was responsible for the plaintiff’s injuries, the judge on the case will need to determine how much money the defendant needs to compensate the plaintiff for. The compensation amount in a personal injury case is determined by several different factors that should have been presented by the plaintiff’s lawyer in court.

The following are a few expenses that the plaintiff had to cover that will typically be factored into the compensation amount by the judge:

Medical costs– While presenting the plaintiff’s case, the plaintiff’s lawyer will detail all the medical costs that were incurred as a result of the injury. This will include medical costs that have already been incurred and projected medical costs that will be incurred in the future by the injured plaintiff.

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:

March 1, 2016

How Can a Probation Violation Affect Your Future?

by Hilf & Hilf, PLC

Are you facing accusations of probation violations? These allegations should not be taken lightly because this is a criminal charge with serious consequences including incarceration or probation extension. Hiring an experienced criminal defense or probation is critical to your case. Every individual has the right to challenge allegations made against them regarding probation violations. However, it’s important to act quickly.

In many states, those who are charged with crimes could receive probation instead of jail time depending on the nature of their crime. However, if these individuals violate the conditions of their probation, it could result in incarceration.

Probation Violation and Legal Consequences

February 28, 2016

Corporate Immigration Lawyer

by Hilf & Hilf, PLC

Corporate Immigration Law Firm.

Hilf & Hilf, PLC represents a diverse, complex range of clients including multinational corporations, United States corporations, privately held companies, start up ventures, partnerships, small sized businesses, and individuals. We also represent non profit entities such as religious organizations and charitable organizations.

Through our comprehensive, thorough ability and knowledge of legal, business, government, regulatory, and political issues, we help clients to gain and maintain success in all areas of business immigration. We are dynamic and goal oriented, and provide our clients with a wide range of immigration and naturalization services.

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

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.

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.