by

Defrauding an innkeeper in Michigan is a misdemeanor offense that carries a maximum penalty of 93 days in jail and a fine of up to $500.  If convicted, the court can also elect to place the individual on probation for up to 2 years.  This offense can be charged either under state law or local ordinance.  Basically this offense occurs when a person fails to pay their bill at a restaurant, bar, cafe, hotel, or motel with the intent to defraud the business establishment.  The state law for defrauding an innkeeper is listed below:

750.292 Hotel, motel, inn, restaurant, cafe; defrauding; limitation on proceedings.

Any person who shall put up at any hotel, motel, inn, restaurant or cafe as a guest and shall procure any food, entertainment or accommodation without paying therefor, except when credit is given therefor by express agreement, with intent to defraud such keeper thereof out of the pay for the same, or, who, with intent to defraud such keeper out of the pay therefor, shall obtain credit at any hotel, motel, inn, restaurant or cafe for such food, entertainment or accommodation, by means of any false show of baggage or effects brought thereto, is guilty of a misdemeanor. No conviction shall be had under the provisions of this section unless complaint is made within 60 days of the time of the violation hereof.

Continue reading

by

In cases prosecuted by the State of Michigan (either by the Attorney General or County Prosecutor), persons convicted of a felony, an attempted felony, or a high court misdemeanor offense may be subject to habitual sentencing when the person has at least one prior conviction for a felony, attempted, felony of high court misdemeanor.  Habitual offender sentencing may result in a higher maximum possible sentence, a higher sentencing guideline range, and in some cases, a mandatory minimum sentence.

Prosecution Must Provide the Defendant with Sufficient Notice to Charge as a Habitual Offender

The Prosecution must provide notice to the Defense within 21 days of the Circuit Court arraignment to proceed with the sentencing enhancement.  The Habitual information (which is often also referred to as a notice to seek sentence enhancement) is a written document that lists the date(s), location(s), and offense(s) that are being used for sentencing enhancement purposes.  It also lists the maximum penalty allowable by Michigan law based upon the sentence enhancement.

Continue reading

by

In order to live and work in the United States for any extended period of time, in most cases you’re legally required to obtain a green card.  Anyone who has tried to obtain a green card can tell you that the process and procedure required for a successful application can become extremely complicated, and for some individuals it may be impossible. It involves an overwhelming amount of paperwork, legal assistance, and time.

Remember: one simple mistake can have disastrous consequences.

A Broken System

Continue reading

by

It doesn’t have to be difficult to find the right legal representative. The search itself should not be frustrating and cumbersome. Check out these suggestions for finding a good criminal defense attorney.

A great attorney shows respect to those who may have come before them. Good criminal defense lawyers should also respect fellow legal representatives who may have contributed to the community. Typically, they spend a lot of time studying the success of these legal representatives. This is a great way to learn lessons both in and out of the courtroom.

Defense lawyers, just like all other professional, are required to get some type of license. Your legal representative should be licensed to practice in your state. Ensure that your legal representative holds the proper certification, which should be clearly visible in their office where clients can see it.

Continue reading

by
Although it isn’t easy, it is sometimes possible to get DUI charges dropped. A more likely outcome is to attempt to have your consequences reduced. Receiving a lighter punishment, a lighter charge, or in some cases a dismissal, relies on a strong legal defense and quality representation. If you’ve been legitimately charged with a DUI, chances are there will be some consequences.  The consequences can range in severity depending on your case, your history, and the quality of your representation
Most first time DUI offenders get placed on some type of probation, but it is possible for the court to order you to serve time in county jail. This is true even for misdemeanor offenses, depending on the laws in your state.  Depending upon the blood alcohol level, a first time DUI offender may wind up having their driver’s license suspended, however in some cases a restricted driver’s license can be obtained.  Sanctions on the driver’s license are largely a function of the Secretary of State, based upon the type of conviction incurred.  It is important to note that any sanctions begin soon after conviction, rather than at the time of sentencing.  For persons convicted of a DUI related offense the Judge is not allowed to sentence the individual until after he or she is interviewed by the probation department and an alcohol assessment is reviewed.  The alcohol assessment is a written test that questions a person’s alcohol/drug history so the Judge can decide what, if any, rehabilitative services are needed.
Conditions for probation also vary significantly in length, fees, and terms. In some cases you may be required to attend drug or alcohol counseling, submit to regular urine analysis, and/or perform community service.
Continue reading

by
Anyone can have a run-in with the law, even if your only prior offense is a minor traffic ticket. If you find yourself in the back of a squad car, you may not understand where you’re going or what’s going to happen. In this situation, it’s extremely important for you to protect your rights and protect your future. The first thing you need to do is obtain strong legal representation from an experienced criminal defense attorney.
Early intervention by a skilled criminal defense lawyer may make a difference in the outcome of your whole case. In some cases, a lawyer may even be able to negotiate with the prosecuting attorney to avoid having charges filed in the first place. It is important to cooperate with the police, stay calm, and remember that an arrest is not a conviction. Provide your personal information to the police, but do not discuss the incident of your charges with them. Exercise your right to remain silent, as anything you say to the police can be used against you in court.  It is important to remember that police officers and detectives are trained in methods of obtaining confessions and statements against interests from the persons they interview.
You have probably heard this phrase many times before but it’s important to remember its significance in this situation: you are innocent until proven guilty. It is the state’s burden to prove your guilt beyond a reasonable doubt. Early intervention from a knowledgeable attorney will expedite the process of gathering evidence and building a solid defense on your behalf. As an expert in criminal law, an attorney can find weaknesses in the prosecution’s case and possibly have your charges dismissed or secure a “not guilty” verdict at trial. You will be guided through the whole judicial process from beginning to end by an experienced lawyer.  This will help reduce the stress, anxiety, and frustrations you may experience as the case works it way through the judicial process.  An experienced criminal defense lawyer can answer your questions in a forthright manner, and give you the confidence that the correct result will be obtained when everything is said or done.
Continue reading

by
People all over the world have dreams about one day immigrating to the United States. They know, however, that this process can be confusing and difficult to manage on their own. Many people find the immigration process to be overwhelming and complex, and it is not something that you should deal with on your own.  With the complexities of the U.S. immigration process, seeking counsel from an immigration attorney can be incredibly useful and save you from a number of inconveniences and disappointments.  If you’re not sure whether or not you should consult with an attorney at any point during the immigration process, here are some ways in which an attorney who specializes in immigration law can help you.

The most agonizing aspect of the immigration process is usually the paperwork.  Not only does it seem like there is a ridiculous amount of it, but one mistake can lead to delays in the application process, if not being completely denied.  Having an attorney help you with paperwork will increase your chance of being accepted and ensure that you are not making any costly mistakes.  Mistakes cost money, time, may prevent you from obtaining benefits for you and/or a family member, and in some instances can have negative repercussions concerning your immigration situation.

An attorney who specializes in immigration law will be aware of the various options available when applying for immigration and advise you as to what the best approach to take when applying. Depending on your situation, just because you are denied immigration does not necessarily mean you can not immigrate.  It is possible that you just need a lawyer to advise you on how to cater your application for the highest likelihood of success.

Continue reading

by

In defending persons accused of retail fraud, it is important to understand the procedures used by major retail stores in their investigations.  Mistakes in judgment sometimes occur – leading to false arrests. Sometimes the situation is misinterpreted by loss prevention and police officers due to cultural issues. Procedural errors can sometimes also lead to acquittal or dismissal of the case.  Having an experienced criminal lawyer, such as the lawyers at Hilf & Hilf, PLC, often results in receiving the best possible result, which often can include not having a conviction appear on a public record.  A theft related conviction can result in imprisonment, probation, loss of employment opportunities, loss of education opportunities, loss of gun rights, loss of money, immigration complications for non-citizens, and embarrassment.

Major retail stores have developed policies and procedures with respect to retail fraud with the goals of: reducing losses due to theft; avoiding litigation for false arrests, false imprisonment, injuries, etc.; reducing insurance expenses; and deterring theft.  Major retail stores include Sears, JcPenney, Target, Home Depot, Lowes, Macys, Kohls, Best Buy, etc.  The information in this blog is only intended to provide general information and does not represent the views, policies, decision making, or procedures of any particular store or company.
It is important to have an experienced criminal lawyer, such as Attorney Daniel Hilf of the law firm Hilf & Hilf, PLC, who understands the policies and procedures of loss prevention/asset prevention.  Knowledge of these areas can help build a successful defense, or a successful outcome, to your retail fraud case.
Continue reading

by

The Holmes Youthful Trainee Act (HYTA) provides an avenue for persons that are from 17 years old to before the person’s 21st birthday (at the time of the offense) to avoid a conviction and Sex Offender Registration Act (SORA) compliance.  Although a Defendant charged with a sex offense might be age eligible for HYTA there are other requirements pursuant to Michigan Compiled Law (MCL) 762.11 which might prevent the Defendant from receiving HYTA:

1) The Defendant must plead guilty, according to MCL 762.11(1).  A Defendant who is convicted at trial is ineligible for HYTA status.  The statute also does not provide for HYTA status for Defendants that plead no contest;
2) The Defendant must not have a prior conviction or adjudication for an offense which requires SORA registration, pursuant to MCL 762.11(3)(a).  This applies to persons that have a prior sex offense as an adult or juvenile.
Continue reading
Contact Information
3155 W
Big Beaver Rd #123
Troy, MI 48084
Phone: (248) 792-2590 Fax: (248) 885-8996

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2024, Hilf & Hilf, PLC
JUSTIA Law Firm Blog Design