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There are many instances when a person is arrested and charged with an offense years after a crime allegedly occurred.  Sometimes these persons serve time in jail or prison between the date of an alleged offense and the date that they are charged with that alleged offense.  This is troubling, especially in instances where the person would have been sentenced concurrently (serving the sentences at the same time) rather than consecutively (having the sentences stacked one after the other).

As a general rule, a Defendant does not have a speedy trial right to be arrested, and that speedy trial rights attach once the charge is filed against the Defendant.  The prosecution is prevented from going forward with a case if it is barred by the statute of limitations.

What can a Defendant pursue who falls into this gap in which a prosecution is delayed, but a prosecution is still lawful and actually pursued?  Generally, a Defendant will have to demonstrate to the court that he or she experienced actual and substantial prejudice results from the delay in his or her arrest on the charge.

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Searching for the Best Rape Allegation Defense Attorney in Michigan?

Attorney Daniel Hilf of Hilf & Hilf, PLC provides zealous representation for individuals accused of rape (also known as criminal sexual conduct) throughout Michigan.  He will fight for your best case outcome no matter what the obstacle or accusation, if you retain his services to be your attorney.

Rape allegations have ruined and changed more lives than any other criminal offense.  The prosecution of rape cases are cluttered with huge injustices, because these cases are sometimes prosecuted with little or no physical evidence, significant factual inconsistencies, lack of corroboration, and/or after many years of delay.  When it comes to rape allegations there are many who assume the worst of the accused, which goes against the presumption of innocence and our essential Constitutional rights that in theory are supposed to eliminate false convictions.  The alleged victims of rape are given special attention and care by “victim’s advocates” and prosecutors, which may sound good when it relates to real victims of sexual abuse, but it also has the tendency to emotionally reward and protect persons who make false claims of rape.  Even with an alleged victim recanting an untrue rape accusation, the case against the accused is often not dismissed because the prosecution will argue that it is up to a jury to decide if the alleged victim was credible in their recantation or credible in their original statement.
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Completing 2 back to back trials is always a difficult endeavor.  To be successful at any trial requires a lot of preparation, skill, and experience.

Recently I defended a difficult case before Judge Cheryl Matthews of the 6th Circuit Court concerning an allegation of Fleeing and Eluding in the Second Degree.  A large challenge when it comes to a defense of this allegation is that one of the elements of this offense is that the Defendant has a prior conviction for Fleeing and Eluding in either the 1st, 2nd, or 3rd Degree.  It is part of the jury instructions, and it cannot be removed from the jury’s consideration because it is an element and not an enhancement, even though this type of information is highly prejudicial.  In this case the best solution was to embrace this weakness and make it part of my defense.  The defense presented to the jury was that of misidentification.

The general facts to the case were that an officer from Hazel Park observed a speeding vehicle, and attempted to pull the vehicle over in a residential area.  The speeding vehicle briefly pulled over, and fled at a high rate of speed when the officer was about to step from his patrol vehicle.  At this point in time the officer claimed he was able to see the driver for about 1 to 2 seconds, from a distance of 45 to 60 feet away, looking at the driver from an angle as he turned from one street to another.  The pursuit ended at an abandoned area of the Michigan State Fairgrounds, when the fleeing vehicle smashed through a fence and the driver took off running.  Despite setting up a perimeter, and bringing to the scene a tracking dog, the police officers were unable to locate the driver of the vehicle.  The officer claimed that my client was the driver after looking at a driver’s license photo through a police database after the fact and concluding that this was the person the officer observed earlier that day.

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Troy Michigan based criminal defense lawyer was featured by the Legal News in an article titled “Get to Know Daniel Hilf” on March 15, 2018.

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The Legal News is a publication relied upon by lawyers and Judges throughout the State of Michigan.  The lawyers profiled by the Legal News are well known and respected in the legal community for their areas of practice, and it is a great industry wide honor for any lawyer to receive this acknowledgment.  Being featured by the Legal News is not an advertisement or other paid for promotion, and it is not something solicited directly by the lawyer receiving the Legal News’ recognition.   Determination is made by an internal selection process conducted by the Legal News.  Earlier this year his wife, immigration attorney specialist Sufen Hilf, also was profiled by the Legal News in a similar manner.

Kudos to attorney Daniel Hilf for a job well done.

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Immigration attorney specialist Sufen Hilf caught the attention of the Legal News, which featured her in a profile article on February 12, 2018.   To read this profile article click here.

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The Legal News is designated as a leading and recognized source of legal news in Michigan and also provides public notice concerning law related matters.  It is read and relied upon by thousands of lawyers and Judges throughout the State of Michigan.  Articles in the Legal News feature the best of the best when it comes to the practice of law, and to receive this honor is a feather in the cap for any lawyer.

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Being detained or even handcuffed for a shoplifting allegation is the worst feeling.  The biggest questions are: what will happen next?.  Will the store prosecute?  The store won’t prosecute, but the prosecutor for the city or county where the offense allegedly occurred will usually file a case.  The store will likely send a civil demand letter seeking money damages from $50 to $200.  The store will also provide all of its evidence to the prosecutor.  The evidence for larger chain stores will likely include: a report by a loss prevention officer, a photograph of the merchandise, a cash register receipt for the items involved in the offense to establish the value of the merchandise, in store video recordings, witness statements, and often a statement that it acquired from the Defendant.  The vast majority of stores will tell the person that they suspected of shoplifting to not come back or else a trespassing charge will be pursued.

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The next question may be, what will I be charged with?  In Michigan, shoplifting charges are determined by a few factors: the accused prior record, the amount of the merchandise and the intent of the accused.  Shoplifting charges in Michigan are called retail fraud, which has 3 different degrees.  First Degree Retail Fraud is a felony offense that carries a maximum possible punishment of 5 years in prison.  This offense is charged by a county prosecutor if the person accused alleged stole merchandise offered for sale at $1000 or more, or is the merchandise is offered for sale at $200 or more and the accused has a prior theft conviction.  For the offense of retail fraud, if the accused is alleged to have stolen from a store location on several different occasions the alleged theft amounts of the shoplifting can be added together to determine the charge that the accused will face.  Second Degree Retail Fraud is a misdemeanor offense with a possible penalty of 365 days in jail.  This offense involves either the shoplifting of merchandise from a store that is $200 or more, or it can occur if the price was under $200 if the accused has a prior theft conviction.  Third Degree Retail Fraud is charged when the merchandise was under $200.  There is a form of shoplifting that is a 5 year maximum felony called Organized Retail Theft.  The important part of this offense centers on the intent of the accused: Did the accused plan on selling what was allegedly stolen?  This offense is Michigan’s attempt to combat people who try to make a career out of stealing from stores.

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One of the most important questions from someone accused of shoplifting is what should I do now?  The immediate answer is that he or she should hire a lawyer.  Well, not any old lawyer – a lawyer that has experience with these types of cases.  An experienced shoplifting defense lawyer can help in several respects:

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Nervous about court?  Not many people like to testify under oath.  Scary, intimidating, emotional are how some describe court.  Others may also describe it is liberating (believing that “the truth shall set you free”).  Some people get enjoyment or feel it is a civic duty to tell on other people.    Their are also expert witnesses that are sometimes paid to offer an opinion in a trial.  There are many different ways and motivations for how someone becomes a witness to a case.  Regardless of the means that someone becomes a witness, knowing what to expect and how to handle the experience is critical.

  1.  Lawyer up!  Everyone has a constitutional right to retain legal representation in court.  It does not matter if you are just a witness to an alleged crime or a particular circumstance – you can hire a lawyer to help you.  There are several advantages to having your own legal representation.  First, you are able to have someone to consult with about your anticipated testimony.  Second, your lawyer can help you assert any privileges that you may have (5th Amendment privilege against self incrimination, spousal privilege, etc.) when applicable.  Third, when you are represented by counsel, the Prosecution and Defense counsel are supposed to go through your lawyer in an effort to question you.  Hence, having a lawyer is like having a buffer from other lawyers.  Fourth, it is difficult to be in court alone.  Having a lawyer can help with the stress and emotional strain of having to appear in court and testify.  Fifth, the lawyer can help assert your position about a case, when appropriate.  For example, in many cases the Court will order no contact between the Defendant and his spouse when the Defendant is charged with domestic violence against his spouse.  Sometimes domestic violence cases are blown out of proportion, and the lack of contact causes a hardship.  Having a lawyer may help convince the Court that the removal of the no contact provision is appropriate and necessary under the circumstances.  Sixth, having a lawyer can help prepare you for what you might be asked in Court.  Seventh, when appropriate a lawyer acting on behalf of a witness can try and negotiate with the Prosecution about the witness’s immunity from criminal prosecution.
  2.  Listen to your lawyer.  When your lawyer gives advice, it is probably for good reason.  Your lawyer more than likely has the educational background and courtroom experience needed to offer sound legal advice and to develop a strategy in connection with a case.  Persons who don’t listen to their lawyer often act at their own peril.  For Defendant’s, even though they have the absolute right to testify or remain silent, they should consider the advice and strategy of their lawyer in making their decision to testify or elect not to testify.  Witnesses, when properly subpoenaed, have no choice in the matter unless there is a privilege that can be asserted.  Properly subpoenaed witnesses must appear at court when subpoenaed and testify under oath when called.  It is important for a witness to realize that a prosecutor is not their lawyer; the prosecution represents the government and not any particular citizen.  Also, the only person who a defense lawyer represents is their client.  The defense lawyer is loyal to their client only, and is generally unable to represent witnesses due to a conflict of interest.
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The great outdoors is suddenly not so great when DNR writes you a ticket.  The freedom you felt enjoying nature is now crushed and your day, season, and future hunting seasons are maybe ruined.  Many people do not know that some hunting violations (if convicted as charged) require a mandatory jail sentence.  Unfortunately, in the eyes of the State of Michigan the wildlife is its property and it determines the rules as to how you can lawfully possess it.  Ignorance of the law is not an excuse – that is why they give out the Michigan Hunting and Trapping Digest at the start of every season.  Because the state of Michigan are stewards of our natural resources, the DNR is charged with the enforcement of any violations of conservation laws and they take that responsibility seriously!

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It is always a good idea to understand the process of how a DNR officer may perform his or her duties.  This is even important for the sportsman or sportswoman who tries to do everything by the book.  Why?  It is possible for someone to unintentionally violate the law.  The conservation laws change from time to time.  Perhaps you were not aware of a change as it related to baiting?  Maybe the fish possession or size  limit changed from one season to the next?  In some instances you might be accused of doing something unlawfully even through it isn’t true.

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The following is my list of the top 10 Michigan DNR Investigation Strategies for Wildlife Violations:

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On January 24, 2018 Attorney Sufen Hilf was a featured guest for a discussion entitled “The Rundown: Immigration (all sides) on the Ross Kaminsky Show.  The popular weekday morning drive time show explores hot topic issues from all different facets.  Ross Kaminsky touts himself as an objectivist/libertarian who “cannot be offended by saying that he is not sufficiently conservative”.  For a sense of Ross Kaminsky’s political opinion as to DREAMERS, you can click here.  Sufen Hilf answered questions posed by Ross Kaminsky and his listeners in a straight forward, comprehensive manner.  Her interview is available here.  Ross Kaminsky appears via radio at 630 KHOW in Denver, Colorado, and his show is nationally available by podcast for no charge at the Apple Store and at IHeartRadio.

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Sufen Hilf feels that it is her duty as an immigration advocate to offer her experience and advice to the larger public, and to combat any misconceptions and distortions that occur based upon the highly politicized nature of this topic and its coverage in the media.  As a top notch immigration lawyer and as someone who immigrated herself to the United States, she offers both a personal and informed perspective on the reality of United States Immigration law.

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Sufen Hilf currently is a practicing partner with the immigration firm of Hilf & Hilf, PLC.  She is one of a handful of lawyers in the State of Michigan that provides comprehensive and effective representation in all areas of United States Immigration, including: family based petitions, business immigration, waivers, removal defense, asylum, and appeals.    Based upon her national reputation, she frequently is retained to handle immigration matters throughout the United States (because Immigration law is Federal law, she is not required to be licensed in every State).  Although she originally is from China and speaks fluent Mandarin, her clientele is very diverse – from all different parts of the world, and from all walks of life.  Her clients include: business leaders, persons of extraordinary ability, professional and olympic athletes, students, factory workers, engaged couples, newlywed couples, etc., etc.  She is very approachable and provides sound legal advice to her clients in a way that is easy to comprehend.  For more information about attorney Sufen Hilf, please visit www.hilfandhilf.com.

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Jail for a probation violation?  Seriously?  With a probation violation the Judge has that option.

Being incarcerated is no place for anyone to be.  Losing your job, losing a place to live, having to start over from scratch – life is hard enough without all this stress.  But maybe the Judge made things impossible.   You worry about work, worry about family, paying bills, and on top of that the Court is having you drug test, go to support meetings, hours and hours of community service.  It seems like maybe the Court does not want you to be successful.  You try your best and you still receive a letter in the mail for probation violation.  Your heart is racing.  Stress, anxiety, fear take over.  You ask yourself what should you do?

These are 12 proven and effective strategies that give you the best chance of avoiding jail.  This advice is from a seasoned lawyer with years of experience both inside and outside the courtroom.

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Big Beaver Rd #123
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