Michigan Criminal Attorneys Blog

June 18, 2014

Why You Need a Criminal Defense Attorney in Oakland County MI

According to the U.S. Census Bureau, Oakland County is the second most populated county in Michigan with a population of over 1.2 million residents. A large population can lead to strict law enforcement and heavily policed streets. Over 25,000 Oakland County arrests were made in 2012 alone, according to a report by the Criminal Justice Information Center of Michigan. Rigorous police enforcement and emphasis on arrests can lead to false imprisonment and wrongful convictions, especially if you are a minority or have a past record. Should you ever find yourself arrested for a crime, it is important to retain the counsel of a qualified criminal defense attorney to protect your rights.

Criminal law is a complex body of legislation that is unique to each state. A criminal defense attorney has an understanding of probable cause and can challenge an arresting officer’s reasoning in court. Before a trial even begins, a criminal defense lawyer may be able to convince a court to drop charges against you based on insufficient evidence. An attorney may also effectively negotiate a plea bargain to reduce your charges when appropriate. In some instances, the experienced criminal defense lawyer can reach a sentence agreement with the Court to avoid an otherwise harsh result.

For persons who are not United States citizens that have criminal charges pending, an experienced criminal defense lawyer with immigration experience is mandatory. Many criminal defense lawyers, even experienced criminal defense lawyers, do not have sufficient knowledge and ability to help clients with criminal cases that have immigration issues. Hilf & Hilf, PLC is one of the few firms in Michigan that have legal experts in both criminal defense and immigration law.

June 3, 2014

Top Criminal Lawyer in Michigan Daniel Hilf

by Hilf & Hilf, PLC

If you have been accused of a crime, you must retain the services of a criminal defense attorney immediately. Finding the right criminal defense attorney is crucial to the outcome of your case and will impact the rest of your life. Don’t put your future at stake—take great care when selecting an attorney to represent you in court. Daniel Hilf is an expert criminal defense attorney who has been specializing in criminal defense for almost two decades and can get you the results you deserve.

Daniel Hilf possesses the qualities to increase your confidence in his ability to represent you effectively.

He cares about your case. Defendants in criminal prosecutions often feel embarrassed, fearful, and depressed. Daniel Hilf offers aggressive, compassionate counsel and moves quickly to ensure your security. He understands the impact a criminal case can have on your life and acts accordingly to get you positive results. Daniel Hilf is a conscientious attorney who will listen to you and take any sufficient information to proactively incorporate it in a strong defense strategy. He understands that no case is more important than yours.

February 17, 2014

H-1B Season

by Hilf & Hilf, PLC

It is important for United States foreign worker employers and foreign employees in specialty occupations (such as engineers, scientists, computer programmers, medical workers, pharmacists, accountants, etc.) that require theoretical or technical expertise that is time to prepare for H-1B Cap Season. In previous years the USCIS reached the statutory H-1B limit with the first week of the filing period. In 2013 the USCIS received approximately 124,000 H-1Bs during the filing period, including petitions for the advanced degree exemption. By comparison, in 2016 there were 233,000 petitions received from the April 1 to April 7 window that petitions were accepted. Given the current state of United States Immigration Law and the United States economy, it is likely that there will be even more competition for the next several years and the window to accept applications may shrink. Under a regular cap (which may be subject to change) 65000 petitions will be selected, along with 20,000 petitions for persons with advanced degrees. It is important to remember that 6,800 selections will be set aside for citizens of Chile and Singapore due to Free Trade Agreements. Persons who wait too long, or who do not plan ahead, do so at their own detriment. It is important to note that the information in this blog may change at any time, and it is not a substitute for receiving advice from an experienced immigration lawyer, such as Attorney Sufen Hilf.

It is never too soon to start preparing. Hiring the right immigration law attorney will help ensure that your H-1B petition is properly and timely filed, including the Form I-129 Petition for Nonimmigrant Worker, including the H Classification Supplement to Form I-129 and the H-1B Data Collection and Filing Fee Exemption. An experienced immigration lawyer will help provide additional documents required with your petition, such as the Labor Condition Application (LCA) and evidence of the Beneficiary’s educational background. Your immigration lawyer can also file a Form-I-907 Request for Premium Processing on your behalf that might might all the difference. It is not advisible to self represent concerning a H-1B petition in as much as mistakes can prove very costly to both the employer and employee.

It is important to remember that H-1B visa is intially granted for up to 3 years, but may be extended to a maximum of 6 years. Even though it is a non-immigrant visa, the beneficiary may have dual intent, which means that the H-1B visa holder can apply for a green card under the right circumstances. The benefits of an H-1B visa (except for the ability to work) also extend to the spouse of the beneficiary and children that qualify as dependents as H4 visa holders.

November 8, 2013

Immigration Request For Evidence (RFE)

by Hilf & Hilf, PLC

Sometimes the United States Citizenship and Immigration Services (USCIS) will make a determination that it needs more information before it can proceed with an application. This will prompt the USCIS to send a Request For Evidence (RFE), that will ask for specific information about issues that it feels needs more clarification and/or evidence, and will provide a deadline as to when the additional information needs to be presented.

Receiving a Request For Evidence (RFE) is not unusual, and it does not mean that the USCIS doubts your situation and/or will deny you the relief you are seeking. In fact, there are many instances where the USCIS will deny a petition without seeking more information.

The failure to respond to a Request For Evidence may lead the USCIS to believe that you are not interested in proceeding further and will issue a denial, or it may make a decision concerning your file based upon the information in it possession (which in most cases will mean a denial).

November 6, 2013

Michigan Criminal and Traffic Case Abbreviation Codes

by Hilf & Hilf, PLC

The following are a list of case abbreviations used in Michigan Courts for misdemeanors, felonies, criminal appeals, forfeiture, and juvenile offenses for alleged state law and ordinance violations. They are often referred to as case codes. These two letter abbreviations follow the case number that appears on every Court pleading usually in the upper right hand of the page, and the two letter abbreviations themselves do not always seem to match the subject matter of the litigation. There are also case codes for other civil and probate matters that are not included here.

Persons with any of the following matters should consult with an experienced lawyer, such as the lawyers at Hilf & Hilf, PLC.

AP – Appeal of Parole Board Decisions.

October 4, 2013

Appeal of the Michigan Parole Board

by Hilf & Hilf, PLC

A Defendant does not have the ability to appeal his or her denial of parole under the laws of the State of Michigan at the time of this blog. However, either the Prosecutor or the victim of an offense may appeal in the Circuit Court where the conviction that lead to the prison sentence occurred when the Board grants a prisoner parole. MCL 791.234(11); Morales v Parole Bd, 260 Mich App 29, 35; 676 NW2d 221 (2003).

If the Prosecutor does not elect to challenge the granting of parole, the victim is free to hire a lawyer to challenge the decision of the Michigan Parole Board. The Prosecutor and/or victim has the burden of proof when it comes to reversing a decision of the Michigan Parole Board to allow an inmate to be placed on parole. Under MCR 7.118(H)(3), the challenging party has the burden to show either that the Michigan Parole Board’s decision was “a clear abuse of discretion” or was “in violation of the Michigan Constitution, a statute, an administrative rule, or a written agency regulation.” An abuse of discretion occurs when the trial court’s decision falls outside the range of reasonable and principled outcomes. People v Babcock, 469 Mich 247, 269; 666 NW2d 231 (2003).

A reviewing court (the Circuit Court, the Michigan Court of Appeals, or the Michigan Supreme Court) may not substitute its judgment for that of the Michigan Parole Board. Morales, 260 Mich App at 48. [In re Parole of Elias, 294 Mich App 507, 538; 811 NW2d 541 (2011) (footnote omitted.)] A Judge cannot reverse the decision of the Michigan Parole Board simply because he or she does not agree with the decision. However, the parole board’s discretion to grant an inmate parole is limited by statutory requirements and parole guidelines. Killebrew v Dep’t of Corrections, 237 Mich App 650, 652-653; 604 NW2d 696 (1999).

September 20, 2013

Social Media and Criminal Defense

by Hilf & Hilf, PLC

Facebook, Twitter, and social media in recent years brought about more confessions than church ever has. Confession may be good for the soul, but it is usually bad for a Defendant when it comes to criminal investigations. The first resource police departments tend to use when a suspect emerges is social media. Lawyers, Prosecutors and Defense lawyers, routinely check social media when it comes to witnesses at preliminary examination or trial. Why someone would confess to the world their misdeeds and crimes is a complete mystery that can only be attributed to ignorance, not thinking, bravado, arrogance, or the desire to self destruct. When it comes to social media, there is no reasonable expectation of privacy – it is posted for the world to see. A facebook confession is not subject to Miranda Warnings or suppression by a Judge. When something is placed into plain view, no one is expected to turn a blind eye towards it. More disturbing are the number of offenses that are live streamed on Facebook and other social media. The fact that someone would broadcast a crime for the whole world to see means that the person has put no thought into the consequences of their actions.

Social media can also be used to the advantage of a Defendant. As previously stated, lawyers are able to obtain all sorts of information through social media that may be important to building a defense. A complaining witness may put information online that calls into question their credibility, establishes bias, provides a motivation to lie, and/or impeaches their version of events.

Deleted or removed from a computer or cell phone does not necessarily mean that the information is not retrievable. Facebook backs up its data, including deleted items, for 90 days. A criminal forensic investigation of a computer hard drive or telephone sim card usually reveals an individual’s complete history with very little difficulty. As long as the hard drive or sim card is not damaged, deleted contents can be restored and used in a case. Again, deleted does not mean destroyed. The best way to protect yourself is to never advertise your alleged sins.

September 9, 2013

Prosecution Use of Recorded Jail Phone Conversations

by Hilf & Hilf, PLC

In jails and correctional facilities there is more often than not a sign posted at the pay telephone in the jail that calls are subject to monitoring. Many incarcerated individuals either ignore the sign, or forget about the warning, when calling the outside world. My practice has always been to warn my clients about making any statements to anyone else besides myself, and always in a private location.

Several times in my career I have been called by Prosecutors informing me that they have additional evidence which they intend to use at trial. A few days later I receive in the mail compact disk recordings between my client and friends or family members discussing aspects of the criminal charge or charges despite my warnings. The best way to prevent this is to never discuss the case over the jail telephone.

Mail is also monitored by jail or prison deputies, with copies of correspondence often being provided to the Prosecution. The jail or correctional facility also keeps track of who visits a particular inmate, which might have evidentiary value by the Prosecution in certain circumstances.

August 30, 2013

Crime Victims Help in Michigan

by Hilf & Hilf, PLC

Victims of crime often suffer many forms of mental, emotional, and financial injury as a result of actions of others. Pursuing justice is often a daunting, intimidating process that can lead a crime victim to feel helpless. In Michigan, many people are unaware that crime victims have rights that are guaranteed by our State Constitution.

Article 1, Section 24 of Michigan’s Constitution guarantees:

1) the right to be treated with fairness and respect. That your dignity and privacy will be maintained throughout the criminal justice process;

August 15, 2013

Legally Driving in Michigan with a Mexican Driver’s License

by Hilf & Hilf, PLC

Persons who are not citizens of the United States often have trouble obtaining driver’s licenses in the State of Michigan. With the state of public transportation, the only way for persons to get from one destination to another is by automobile. If person cannot obtain a Michigan driver’s license, what can be done?

There are treaties that exist between the United States and some foreign countries that allow foreigners to drive in the United States as long as they have a valid driver’s license from their home country and an international driver’s license. It only makes sense that a shopper from Canada or a truck driver from Mexico is allowed to lawfully travel in Michigan and other States. There is case law in Michigan that supports this.

According to the Michigan Court of Appeals decision of People v. Valeriano Acosta-Bautista, 296 Mich App 404 (2012), Michigan recognizes and observes a longstanding treaty that allows foreign nationals from certain countries to drive legally in Michigan if they have a valid license from their home country. Attorney Daniel Hilf of the law firm of Hilf & Hilf, PLC has litigated this issue in Court successfully on many occasions. We have experience in traffic, criminal, and immigration cases.