by

A criminal conviction can hurt a person’s ability to obtain school loans, get accepted into some school programs, advance in a career, and obtain licensing for some employment areas. Many are embarrassed by a prior criminal conviction, and worry how it will effect their reputation, and if their past will affect their family.

While a case is still pending prior to the entry of a conviction, there are several provisions in the law that allow the conviction to become a nonpublic record such as:
1) Holmes Youthful Trainee Act – HYTA is for persons between the age of 17 and 20 years.  There are some offenses in which HYTA is not allowed);
Continue reading

by

There are 2 types of Personal Protection Orders (PPOs) in Michigan, which are categorized based on the relationship between the Petitioner (the person seeking the PPO) and Respondent (the person who the PPO is sought against):

1) Domestic Relationship PPOs (under MCL 600.2950) are designed to restrain behavior that interferes with the Petitioner’s personal liberty, or that causes a reasonable fear of violence, including stalking.  This type of PPO is only available against the following persons:
a) the Petitioner’s spouse or former spouse;
Continue reading

by

There are several provisions in US Immigration Law that allows foreigners to attend school in the United States.  For help with any immigration related issue you should retain the immigration experts at Hilf & Hilf, PLC:

F-1 Student requirements:

1) Pursue a full course of study (with some exceptions) at an established private elementary school, private high school, university, college, community college, seminary, conservatory, or other academic institution or a language training program in the United States.  The school must be SEVIS approved;

Continue reading

by

Allegations in Michigan involving child neglect and child abuse cases can involve the prosecutor’s office or the attorney general’s office depending upon the jurisdiction.  The allegations can be handled criminally, in family court, outside of court by child protective services, or a combination of any of these options.

Criminal Cases of Neglect or Abuse
In Michigan an individual can be charged with either a misdemeanor or felony charge of child abuse depending upon the circumstances.  The individual charged with such allegation(s) can retain a criminal defense attorney to contest the charge(s), or request a court appointed attorney if he or she is indigent.
Continue reading

by

A person (respondent) placed in removal proceedings at Immigration Court have several important rights which he or she can exercise.

1.  Right to Retained Immigration Counsel – Pursuant to INA section 239(a)(1)(E) and INA section 240(b)(4)(A) the respondent has the right to retain an immigration attorney to defend the case.  Unlike criminal courts, there is no right to court appointed lawyers for people that are poor.  The immigration lawyer must competently represent the individual according to cases that have interpreted the 5th Amendment to the United States Constitution.  In expedited removal proceedings the right to counsel is limited to the extent that the representation does not delay the process.  An individual that represents themselves, even if he or she cannot afford to hire an immigration attorney, cannot successfully argue ineffective assistance of counsel.  Whoever self represents bears the risk and the responsibility for that decision.  It is important to retain legal counsel for any type of removal proceeding.  A great suggestion is to retain the law firm of Hilf & Hilf, PLC for effective legal representation.
2.  Notification of Legal Services – an individual (respondent) has the right to be given a list of available legal services that are updated quarterly.  It is important to note that there is no guarantee that a particular legal service will accept the individual’s case, or the services that are provided, if any, will rise to the level of a competent, licensed immigration attorney.  More often than not, you get the value of what you pay.
Continue reading

by
Top 5 Ways People Get Placed into Immigration Removal Proceedings:
Lately, there is a lot of concern, fear, and stress experienced by persons who are not United States citizens who are presently here illegally or without status.  Politics, economics, news events, fear, and public opinion all shape the perceptions that fuel the actions of the government in the approach the government takes with immigration issues..  There are a large number of people who live in the shadows based upon our current political environment.
1.   Arrest for criminal allegation – law enforcement will sometimes let ICE know if it has arrested a person who is not a citizen.  More and more law enforcement agencies have computer systems that link directly with with ICE.  Many States have taken away the ability of immigrants without legal status from obtaining drivers licenses, which sometimes results in arrests for petty offenses such as driving on a suspended license or driving without a license.
Continue reading

by

Victims of crime may become eligible for immigration benefits, such as obtaining lawful permanent residence and citizenship, through different provisions of United States Immigration Law.  To seek these provisions, if is highly recommended that you are represented by an experienced immigration lawyer, such as attorney Sufen Hilf.

1. VAWA (Violence Against Women Act), a spouse, parent, or child who is suffers extreme cruelty or battery may file a self petition for lawful permanent resident status.  This can be done without the knowledge of the abuser. Despite the name of this immigration law, it applies to both men and women
2. Cuban Adjustment Act – applies to abused spouses of Cubans
Continue reading

by
When removal proceedings commence, the success of your immigration attorney may be determined by Motions filed on your behalf.  The following is a list of potential pre-hearing motions to consider, however some or all of the following Motions may not be applicable to your particular case.  With regard to any Immigration Court proceeding your best bet is to hire an experienced lawyer, such as Attorney Sufen Hilf.
Motion to Extend Time to Submit Documents, Applications, Briefs, etc. – The Immigration Court will want an affidavit of counsel, or other proof of the reason to grant the extension.  This may be necessary if a new immigration attorney has substituted in to address issues neglected by prior legal counsel, or to supplement the case because new information became available.  Delay is sometimes necessary to give the respondent more time for another avenue of immigration relief to open.
Motion to Continue the Hearing Date – a good reason must be provided to the Immigration Court for the continuance.  As stated above, sometimes delay is necessary to give more time for another avenue of relief to open, or simply to allow the respondent more time to stay in the United States.
Continue reading

by

The following blog contains general information, that should not be relied upon in substitution for the advice and the representation of a criminal defense lawyer familiar with the facts and circumstances of your particular case.  The law is subject to modification based upon the development of legal precedent, and changes to the existing statutory law, which could effect its application to your particular circumstances.

The Michigan Sex Offender Registation Act (SORA) is found in the Michigan Compiled Laws Sections 28.721 et seq.  There have been some recent amendments to the Act that were implemented on July 1, 2011.  Highlights of the new changes are as follows:
Three Tier System – you should always consult with an experienced  criminal defense attorney as to how a particular allegation is classified for purposes of the Michigan Sex Offender Registry
Continue reading

by
I intentionally omitted the names of the different persons involved in the following true story, and withheld certain details, in order to maintain the privacy of my client.
The newspapers and television carried the story prominently – A janitor accused of raping a handicapped victim in her assisted living apartment.  The magistrate set bond at one million dollars – an impossible amount for a janitor or just about anybody to post.  It did not matter that he did not have a prior criminal history, that he supported his wife and children, and that he professed his innocense.
The Oakland County assistant prosecutor gave a copy of the police reports and a criminal complaint that alleged one count of Criminal Sexual Conduct in the 1st Degree.  The offense carried a maximum of life in prison, and sentence guidelines which started at around 9 years.  The assistant prosecutor encouraged me and my client to waive the preliminary examination, stating that if the matter went to a probable cause hearing a request would be made to add additional counts of Home Invasion and Criminal Sexual Conduct in the 1st Degree which would have increase the starting point for the sentence guidelines to about 12 years.  The victim alleged her apartment was broken into by the Defendant, and multiple sexual acts occurred.
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