Michigan Criminal Attorneys Blog

October 19, 2015

Electronic Monitoring in Criminal Cases

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.

September 8, 2015

Oakland County Work Release Program

by Hilf & Hilf, PLC

Work release is a sentencing alternative in Oakland County that allows a person sentenced to a jail sentence to serve that sentence from the comfort of his or her own home but monitored through a tether ankle device. This program is allowed pursuant to Michigan Compiled Law 28.1747, and is often referred to a day parole. This program is not allowed for every Oakland County jail inmate sentenced to jail for a felony or misdemeanor conviction, but only for the select few that qualify and are allowed to participate:

1. The Court must order participation in the program. The Judge is the gatekeeper – if the Court denies or does not order work release, the Defendant will not be allowed to participate.

2. The Defendant must have verifiable employment.

August 27, 2015

What Are the Long Term Effects of a DUI Conviction?

by Hilf & Hilf, PLC

Criminal Defense Attorney
Late at night, when you are driving with your friends, you are only thinking about having fun. You may not even realize that you are not capable of driving because you’re intoxicated, but once you see those blue and red flashing lights, you know that you are in trouble. When that officer pulls you over, you begin to think about all the possible negative consequences. While there are many immediate consequences to deal with, the long term consequences can drastically alter your life.

Short-term consequences can include suspension of a driver’s license, fines, probation, drug classes, alcohol monitoring, and incarceration. The good thing is that all those punishments have an end date. But there is no telling how long you will be affected in other ways. For example, if you had a job when you were charged, you may lose your job if it deals with driving because you no longer have a clean driving record. When it comes to getting a new job in general though, many employers will conduct background checks before hiring and they can discover your DUI. This charge can greatly impact the hiring manager’s decision even if this was your first DUI offense.

Even though you can reinstate your driver’s license (if you do not have multiple DUI convictions within 10 years), you first must prove that your auto insurance will continue to give you the minimum coverage. If you are convicted, you will have to pay for a more expensive insurance called an SR22 and only a few insurance companies offer this insurance. You will also have to pay more fees when receiving a new policy and will be charged at least two times more than regular coverage.

July 10, 2015

How Can You Best Defend a DUI Charge?

by Hilf & Hilf, PLC

Being charged with driving under the influence is a very serious, and if you’re found guilty, you can face tough penalties. The attorneys at Hilf & Hilf are compassionate to your current legal situation, and we’ve represented many people that were facing similar charges. Even though each case is unique, there are a few ways in which a criminal defense attorney can help you defend against a DUI charge.

Before you can even be charged with a DUI, you must be pulled over. Officers should only pull you over if there is “reasonable suspicion.” So, a cop can pull you over if there is an indicator of alcohol impairment. For instance, if you are driving in an unusual pattern, they might pull you over. However, this could be caused from a mechanical defect or other road conditions. Even if your eyes are glassy, watery or bloodshot, that could be because you were extremely tired and not due to alcohol impairment. An officer might conduct a field sobriety test to determine if you were impaired. However, police officers are only human and can make mistakes with the field sobriety test. Since this test is subjective, it can be fought in court. Cops can also make mistakes with the documentation. If the documents were not properly filled out, that could be a way for you to challenge the DUI charge.

While technology can be a good thing, sometimes it’s inaccurate or even used incorrectly. Even if you failed the Breathalyzer test, the results could be inaccurate, so it can be challenged in court. There are procedures that must be followed by the police to allow for the admission at trial of a data master test result. If those procedures were not properly followed, it may be a basis for the dismissal of the case. There are times when you are taken to the hospital and they conduct a urine or blood test. Michigan has strict DUI laws, protocols and procedures that police officers must follow when conducting any test. Even experienced police officers can make mistakes when they are conducing these tests. If you hire an attorney from our firm, we will walk you through the process to determine whether the officers followed protocol. If they failed to follow procedures, then we have a chance at dismissing your DUI charge in court.

June 29, 2015

What Is Assault and Battery?

by Hilf & Hilf, PLC

Whenever you see a brawl at a bar, or a fight at school, what you observed was an assault and battery under the law. There is a distinction between the two but they are typically together because they go hand and hand. Assault and battery penalties are varies depending on who is involved (stranger, boyfriend, minor, etc.), if an object or weapon was used, and the type of injury sustained (bruise, strangulation, coma, etc.). If you found yourself in a situation where you were either charged with assault and battery or a victim, the criminal defense and DUI lawyers at Hilf & Hilf, PLC, can provide you with experienced and honest legal assistance.

To understand the difference between assault and battery in Michigan, you must first determine intention and contact. First, assault actually falls under two categories. The first is having the intention to cause physical injury to someone else or even intentional threat of action. Intentionally striking an individual with any type of object or your hand is assault. A simple push can constitute an assault and battery.

Since assault is intention of harming someone, battery is the actual contact from the assault. A few examples of this would be actually using the weapon to hurt the individual or punching another individual with your hands. Once there is contact from the offender to the victim, then battery has been committed. Michigan will combine the crimes as “assault and battery” because they essentially complete each other as a violent process. Whenever you have battery, you will always have assault beforehand because there was that impending violence then the actual violence.