Michigan Criminal Attorneys Blog

March 21, 2012

What Happens After An Arrest?

The police officer makes an arrest in Michigan when he or she determines that there is probable cause that a crime has been committed.

For petty or minor offenses the police officer may release the individual on their own personal recognizance with instructions to contact the Court for an arraignment date or that they will be contacted at a later date with a Court date. Sometimes an interim bond is allowed to be posted with the arresting police agency prior to arraignment.

For more serious offenses, or sometimes due to local policies, the person arrested is not given a bond until he or she is arraigned in front of a magistrate or Judge. If the person is taken into custody at the police station or county jail, he or she is booked and fingerprinted. The person accused usually has an opportunity to make a telephone call from the police station or county jail to a family member if he or she is detained. When a family member calls from jail it is important not to discuss the details of the case in as much as the phone call is usually recorded or monitored. Your first step is to hire an experienced criminal defense lawyer.

March 20, 2012

Identity Theft

by Hilf & Hilf, PLC

Identity Theft and Identity Fraud crimes in Michigan involve the unlawful use of the financial information of another person or company in a fraudulent manner. It is an offense that is treated seriously by Courts in because it harms a victim financially, often ruins or damages the victim’s credit, and sometimes wrongfully results in harassment from debt collectors. The common causes of Identity Theft are: stolen checks, stolen credit cards, stolen mail, consumer fraud by a waiter or clerk, internet scams, computer viruses, phishing email or text messages. Identity Theft accusations can be as simple as falsely filling out a credit application in someone else’s name, or the accusations can be elaborate multistate and multi country conspiracies in which there are falsely manufactured credit cards. The schemes can become so elaborate and convincing that persons without criminal intent are unknowingly tricked into participating.

In Michigan, Identity Theft is a 5 year maximum felony offense. There are sometimes interrelated charges such as fraudulent possession of a Financial Transaction Device, Uttering and Publishing, and Forgery that are also prosecuted. A conviction for Identity Theft can also carry a significant restitution award to the alleged victim. In Michigan the statute concerning Identity Theft, MCL 445.65, provides that: a person shall not do any of the following: with the intent to defraud of violate the law, use or attempt to use the personal identifying information of another person to do either of the following: obtain credit, goods, services, money, property, a vital record, a confidential telephone record, medical records or information, or employment OR commit another unlawful act. It is also unlawful, in Michigan, for an individual by concealing, withholding, or misrepresenting the person’s identity, to use or attempt to use the personal identifying information of another person to do either of the following: Obtain credit, goods, services, money property, a vital record, a confidential telephone record, medical records or information, or employment OR commit another unlawful act.

MCL 445.63(o) defines personal identifying information as a name, number, or other information that is used for the purpose of identifying a specific person or providing access to a person’s financial accounts, including, but not limited to, a person’s name, address, telephone number, driver license, or state personal identification number, social security number, place of employment, employee identification number, employer or taxpayer identification number, government passport number, health insurance number, financial transaction device account number or the person’s account password, stock or other security certificate or account number, credit card number, vital record, or medical records or information.

March 19, 2012

Top Ways to Afford an Immigration Lawyer

by Hilf & Hilf, PLC

Hiring an Immigration attorney for legal representation for yourself, a family member, or a friend for a United States Immigration matter is sometimes very difficult. Under the best of circumstances, money is available to retain the Immigration lawyer for the agreed upon amount and the issue of ability to pay is not an issue. At Hilf & Hilf, PLC we accept many forms of payment including check, cashiers check, money order, cash, credit card, money transfers, and wire transfers.

The attorney fee charged varies between Immigration lawyers, and usually the amount to retain the Immigration lawyer contemplates the complexity of the matter, the time commitment involved, the inability of the lawyer to handle other matters due to the time commitment, and the reputation and experience of who you hire. Often, the cheapest lawyer is not the best lawyer. That being said, there are several payment options which may make experienced US Immigration legal representation by Hilf & Hilf, PLC more affordable than you think:

1. Payment plans are sometimes available with a sufficient down payment;

March 19, 2012

Top 10 Ways to Afford a Criminal Lawyer

by Hilf & Hilf, PLC

Hiring a criminal defense attorney for legal representation for yourself, a family member, or a friend for a criminal arrest or criminal allegation is sometimes is very difficult. The hardest part is often that it is an unexpected expense which usually comes at the worst possible time. Under the best of circumstances, money is available to retain the criminal defense lawyer for the agreed upon amount and the issue of ability to pay is not an issue. This, of course, is not always the case. The attorney fee charged varies between lawyers, and usually the amount to retain the lawyer contemplates the complexity of the matter, the time commitment involved, the inability of the lawyer to handle other matters due to the time commitment, and the reputation and experience of who you hire. That being said, there are several payment options which may make experienced criminal defense legal representation more affordable than you think:

First, payment plans are sometimes available, however the attorney will always need enough of a down payment to enter an appearance and appear on the case;

Second, credit card payments are sometimes a solution;

March 16, 2012

Possible Criminal Defenses

by Hilf & Hilf, PLC

Not all defenses to crimes in Michigan are discussed in this blog. Some of these defenses do not apply to certain offenses, or may not be allowed by a trial Court based upon case law and judicial interpretation. You should always seek the advice of an experienced attorney such as Attorney Daniel Hilf as to which, if any of these defenses, are applicable to your situation. The defenses are listed in alphabetical order.

Abandonment and Renunciation – These are affirmative defenses. Voluntary abandonment is when the Defendant repents or has a genuine change of heart. Abandonment is not voluntary when the Defendant fails to complete the attempted crime because of unanticipated difficulties, unexpected resistance, circumstances which increase the probability of detention or apprehension, or when the Defendant decides to postpone the criminal conduct to another time or with a different victim. Abandonment that is not voluntary is not a defense to the crime. Voluntary abandonment requires the Defendant to show by a preponderance of the evidence that he or she gave up the idea of committing the crime. It must be a choice of free will, and the abandonment of the crime must be complete. Abandonment can occur at any time before the crime is actually completed or before it becomes impossible to avoid completing it (for example, you cannot argue abandonment of a murder after the victim has already been shot). Renunciation, pursuant to MCL 750.157b(4), states that it is an affirmative defense to a prosecution that under circumstances manifesting a voluntary and complete renunciation of his or her criminal purpose, the actor notified the person solicited of his or her renunciation and either gave timely warning and cooperation to law enforcement authorities or otherwise made a substantial effort to prevent the performance of the criminal conduct commanded or solicited, provided that the conduct does not occur. The Defendant has the burden of proving this defense by a preponderance of the evidence. If the allegation is solicitation of a murder and the Defendant merely refuses to pay the hit man (expecting that the hit man would not go forward with the crime) does not meet the requirements of renunciation without contacting law enforcement or taking additional steps to prevent the crime.

Accident means that the Defendant did not intend to commit a specific crime, and that something occurred through a mishap or unexpectedly. For example, a Defendant could argue that an unintentional penetration occurred under what was normally a lawful activity such as changing a baby’s diaper, bathing a child, or a doctor performing a medical procedure. In Criminal Sexual Conduct cases the prosecution must prove beyond a reasonable doubt that the penetration was for a sexual purpose.

March 13, 2012

Prostitution

by Hilf & Hilf, PLC

In Michigan, there are a number of crimes related to Prostitution:

Engaging or Offering to Engage Services of Female (MCL 750.449a) provides that any male person who engages or offers to engage the services of a female person, not his wife, for the purpose of prostitution, lewdness, or assignation, by the payment of money or other forms of consideration, is guilty of a misdemeanor. Prostitution is not limited to sexual intercourse, and applies to a number of sexual acts. The penalty for this offense is a misdemeanor conviction that carries a possible jail sentence of up to 90 days or a maximum fine of $500, or both. This particular offense does not require registration as a sex offender under the Michigan Sex Offenders Registration Act. The possible penalty, if an automobile is involved, is vehicle forfeiture. The exception to this statute is that it does not apply to a police officer in the performance of his or her duties pursuant to MCL 750.451a. This offense is charged as either a local ordinance or under state law.

Some local communities and cities have a mandatory minimum sentence upon conviction. In Detroit, for example, this offense is prosecuted under a local ordinance that provides for a jail term upon conviction. An experienced criminal defense lawyer is often able to overcome this harsh result.

March 12, 2012

Child Sexually Abusive Activity

by Hilf & Hilf, PLC

There are 3 different types of conduct in Michigan that constitute Child Sexually Abusive Activity:

First, pursuant to MCL 750.145c(2), creating child sexually abusive material through knowingly persuading, inducing, enticing, coercing, causing, or allowing a child to engage in child sexually abusive activity, or the producing, making, or financing of any child sexually abusive activity or material. This offense carries a possible penalty of up to 20 years in prison, or a fine of not more than $100,000, or both. Under the Michigan Sex Offenders Registration Act, this is a Tier II listed offense.

Second, pursuant to MCL 750.145c(3), distributing, promoting, or financing the distribution or promotion of any child sexually abusive material. This offense carries a possible penalty of up to 7 years in prison, or a fine of not more than $50,000, or both. Under the Michigan Sex Offenders Registration Act, this is a Tier II listed offense.

March 12, 2012

Extortion

by Hilf & Hilf, PLC

There are 2 different types of extortion under Michigan law: threats of harm; and threats to accuse another of a crime. The crime of Extortion carries a maximum possible punishment of up to 20 years in prison. Michigan Compiled Law 750.213 provides that “Any person who shall, either orally or by a written or printed communication, maliciously threaten to accuse another of any crime or offense, or shall orally or by any written or printed communication maliciously threaten any injury to the person or property or mother, father, husband, wife, or child of another with intent thereby to extort money or any pecuniary advantage, whatever, or with intent to compel the person so threatened to do or refrain from doing any act against his or her will, shall be guilty of a felony…”. Extortion threats must be written or stated – gestures alone are insufficient.

Any threats of extortion, if they coerce the alleged victim to submit to sexual penetration or sexual contact, are treated separately under Criminal Sexual Conduct laws. The penalty for this type of an offense is usually severe, but varies based upon the nature of the sexual act in question (See MCL 750.520 et al).

Typically, the Extortion does not cover threats where the act required of the victim is minor with no serious consequences to the alleged victim. A threat of harm in the future to an alleged victim if he or she speaks to the police about a crime committed against him or her, would constitute extortion. However, charging decisions are always within the discretion of the City Attorney, Prosecutor, or Attorney General. The involvement of an experienced criminal defense attorney in some instances may convince the Prosecuting authority that the act in question is of minor degree, or untrue, and that an Extortion charge should not be pursued.

March 4, 2012

Criminal Sexual Conduct First Degree

by Hilf & Hilf, PLC

Criminal Sexual Conduct in the First Degree (MCL 750.520b), also known as CSC 1st Degree, is the most serious of all sex offenses in Michigan. Criminal Sexual Conduct in the First Degree can involve children or adults depending upon the circumstance, and always involve some form of rape or sexual penetration. The penalties for 1st Degree Criminal Sexual Conduct, upon conviction, are severe:

1) CSC 1st Degree carries a maximum sentence of up to life in prison. The minimum prison sentence will be lengthy due to quickly escalating sentencing guidelines which the Court will follow in almost all cases;

2) If the victim is younger than 13 years old, there is a mandatory minimum sentence of 25 years in prison;

February 28, 2012

Forfeiture

by Hilf & Hilf, PLC

Forfeiture cases are pursued by city prosecutors, county prosecutors, federal prosecutors, and/or United States Customs depending upon the circumstances. Forfeiture laws allow the government to seize and keep businesses, cash, cars, guns, homes, jewelry, and other property that it believes is related to criminal activity or that is a public nuisance. US Customs can seize and keep property that was not properly declared or otherwise not lawfully brought into the United States. Forfeiture is a multimillion dollar industry for local, State, and Federal government and police departments. Local police agencies boast about using money and property seized and forfeited to purchase police cars and police equipment, hire additional officers, and to upgrade law enforcement facilities. Hence, due to its profitability, the seizure of assets by law enforcement and Prosecutors is handled in a consistent and aggressive manner. In fact, there are usually specially assigned State and Federal Prosecutors which only handle forfeiture actions. The forfeiture laws, naturally, are a deck stacked in favor of the government and against property owners – even the innocent owner of property who unknowingly allows his or her property to be used in the course of a crime is subject to losing his or her property. In some cases, property can be seized, kept, and/or destroyed without even a Court order.

Fortunately, there are due process rights afforded to persons that suffer a forfeiture of assets, cash, and/or property. Even though forfeiture claims involve by and large civil litigation, the Michigan and/or United States Constitution provides individuals and businesses rights to be represented by an attorney, to confront witnesses, to present a defense, and the right to trial, which are critical and vital rights in the defense against a forfeiture action. Not all seizures are justified or legal, and there are remedies to such unlawful seizures which can be pursued.

The cost of litigation a forfeiture claim will sometimes lead a prosecution to abandon, compromise, or settle their claim to some or all of the seized property. If you do not contest the forfeiture there is a profit and not a loss to the government and the return of your property is unlikely. Some forfeiture actions involve property of small or little value, and you have to determine whether the effort in attempting to recover the property is worth the legal and personal cost. However, whenever a large forfeiture occurs it is important to immediately hire an attorney to pursue the return of your property through negotiation or trial.