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(Aug 13, 2011 ) 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.

As a young lawyer I received a Court assignment from Judge Alice Gilbert, which was reassigned to a conservative, bright, new Governor Engler appointed Judge named Michael Warren.  My client was a gifted young sprinter who had a full ride track scholarship from a College located in the state of Michigan.  In August, two weeks prior to leaving for college, a plan was hatched to rob the manager of Burger King while she made the nightly ill advised deposit of store receipts in her usual manner.  The participants of the robbery included my client and his homosexual lover (the codefendant), both of whom previously worked for the Burger king during the summer, and knew the daily routine of the manager.
At the bank in question my client, the sprinter, waited in the bushes at approximately 4:00 a.m. near the night deposit box, wearing a ski mask to cover his identity and brandishing a large ornate fantasy inspired knife – like something from Dungeons and Dragons. As the manager walked to the deposit box she was punched in the face, and my client took the bag of money and started running as if he grabbed the baton at one of his track meets.
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Many persons convicted of operating while impaired (OWI), or operating under the influence are sentenced to a Victim Impact Panel.  I am often asked what is a Victim Impact Panel by clients.
Victim Impact Panels are presentations that occur throughout the United States, which are sponsored by MADD (Mothers Against Drunk Driving).  MADD is essentially a lobbyist group which tries to influence Judges and legislatures to impose harsh sentences for alcohol or substance related driving offenses.  As a result of MADD, Victim Impact Panels are often a required condition of probation for an individual convicted of an alcohol or drug related driving offense.
At a Victim Impact Panel, the survivors and the family members of victims of alcohol and drug related accidents speak about their experiences in order for offenders and persons in the community can see and hear about the tragic circumstances with the hope that the presentation will deter their behavior from repeating itself.  There is no interaction between the persons speaking and the offenders.  There may be a program fee imposed for persons that are not indigent that are ordered  to participate in a Victim Impact Panel.

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In this blog are sample EB-5 Investor Questions for Regional Centers.  This blog is NOT intended to serve as a substitute for seeking the assistance of legal counsel.  There may be additional questions that are necessary depending upon your own personal circumstances, and circumstances involving the particular Regional Center.   It is highly recommended that any foreign investor seeking a green card through the EB-5 program seek legal representation from an experienced immigration lawyer, such as the attorneys at Hilf & Hilf, PLC.
SAMPLE EB-5 Regional Center Questions

1) What current projects are available?

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The following are summaries of different types of Immigration relief from removal that are discretionary, and is not intended to serve as the substitute from seeking the advice of a competent immigration lawyer, such as the attorneys at Hilf & Hilf, PLC.

If during Immigration proceedings an alien is found to be removable, he or she can request different forms of discretionary relief.  The alien has the burden of proving that he or she is eligible to receive the requested form of relief under United States law, and that a hearing officer or Immigration Judge should exercise his or her discretion to grant the requested relief.
Voluntary Departure – Voluntary departure is different from simply leaving the United States.  One way of receiving voluntary departure is to make an agreement with Immigration and Customs Enforcement (ICE) prior to removal proceedings.  A second option for voluntary departure involves going to the Court and requesting voluntary departure.  The Court request can be made at anytime during the deportation proceedings.  If the Court grants the relief, the alien is asked: to confirm that this is what he or she wants to do; if the alien has any arrests and criminal convictions;whether previously the alien has been removed before or voluntarily departed before; whether or not the alien has a passport; whether or not the alien has the financial ability to pay for transportation from the United States; the date that the departure will occur (it has to be within 120 days).  Voluntary departure will not be granted to person that are deportable as an aggravated felon or as a terrorist.
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An allegation of a controlled substance offense against an alien can have severe immigration consequences.  Depending on the circumstances, it can result in: ineligibility to enter or re enter the United States; ineligibility to obtain a green card; inability to become a naturalized United States citizen; deportation; mandatory detention.  When such an allegation arises, it is important that the alien has an experienced criminal defense attorney that can work hand in hand with an experienced immigration lawyer.

Aliens, even those living in the United States as a lawful permanent resident, is considered to be applying for admission whenever returning from abroad to the United States.  An alien that is applying for adjustment of status is also considered applying for admission.  When applying for for admission, even the mere acknowledgment of criminal activity can deny the alien residency and permission to enter or re enter the United States.
For deportation, the Immigration Court looks as to whether the alien was convicted, and the nature of the offense.  The criminal defense lawyer’s ability to reach a plea bargain that does not impact the alien, or which makes the alien eligible for a waiver, is often the only solution.  If the alien was convicted, the criminal defense lawyer may attempt to set aside the conviction by reaching a resolution with the Prosecution, seeking relief from judgment from the criminal sentencing Court, or appealing the conviction.  One recent avenue of relief is for the alien to challenge the conviction because he or she was not adequately informed with the immigration consequences of the plea.  For these types of situations, you should hire a law firm that has experience and expertise in both criminal defense and immigration law, such as Hilf & Hilf, PLC.
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An individual charged with a criminal offense has the right to a jury trial under the United States and Michigan Constitutions.  This is one of our most important rights as citizens, because the reason and common sense of members of the community – the power of the people (and not the “People” the Prosecution claims to represent) – can overcome misguided, statistic driven Prosecutions and cynical Judges.

Jury selection is a critical step because without a fair jury there cannot be a fair result.  To select a fair jury, it is often important to have experienced criminal defense counsel represent you.  I recommend attorney Daniel Hilf for any jury trial in Michigan.

Just prior to the jury selection process, the potential jurors are brought into the Courtroom, and jurors and sometimes alternate jurors are seated in the jury box.  The Judge has the jurors take an oath to swear or affirm that they will truthfully answer questions about their qualifications to serve as jurors in the case before the Court.  Jurors are generally referred to by either a panel number specially assigned to each potential juror or a seat number, instead of by name, because Courts are sensitive to the privacy of jurors.  This is also the reason why camera phones are not allowed in many Courthouses by members of the general public.
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This blog gives general instructions as to how to compute sentencing guidelines for felony cases (and high court misdemeanors with a maximum punishment of over 1 year) in Michigan.  Sentence guidelines do not apply to most misdemeanor offenses in Michigan.   Be careful in calculating the guidelines – Michigan case law, statutory law, the facts of your case, and the discretion of the sentencing Judge influence how particular variables are computed.  You should always seek the advice of a licensed Michigan attorney who specializes in criminal law and who is familiar with the facts and circumstances of your case whenever you have an issue concerning the scoring and application of sentence guidelines in Michigan Courts.

There are also seperate sentencing guidelines that apply to Federal Prosecutions that are not applicable here.  DO NOT refer to this blog for Federal Cases.
This website also has instructions and definitions that will help you with the computation process.  To find the Michigan Sentencing Guidelines simply go to Google and use “Michigan Sentencing Guidelines” as your search term.
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How a Defendant presents himself or herself in Court at sentencing can influence the ultimate decision of the Court.  A Defendant has a right to speak at Court before sentencing occurs, which sometimes ends up being to the detriment of the Defendant.

This blog contains suggestions that may help a Defendant receive the best result at sentencing given the circumstances.  This advice is general in nature, and particular Judges may have their own policies and practices which you should be aware of prior to sentencing.  If you are before a Court for sentencing, defer to the advice of the attorney that has represented you throughout the case regarding sentencing.
For any criminal law case it is important to have strong, experienced representation.  For all criminal matters in Michigan I recommend attorney Daniel Hilf of the law firm Hilf & Hilf, PLC, which is located in the city of Troy.
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Restitution in Michigan is a victim’s Constitutional right and mandatory. It cannot be excluded through a plea bargain or sentencing agreement. It is only awarded if the Defendant is convicted of a criminal allegation related to his or her conduct that gave rise to the restitution.  Restitution even survives the death of the Defendant, and can be pursued against his or her estate. Under Michigan law, the Prosecutor is required to provide information to a victim concerning restitution. The Sentencing Court must order the Defendant to make full restitution as required by law to any victim of the Defendant’s course of conduct that gives rise to the conviction, or to the victim’s estate.

A victim is defined as an individual who suffers direct or threatened physical, financial, or emotional harm as the result of the commission of a crime, juvenile offense, or misdemeanor. A victim also include companies, corporations, government entities, or any other legal entity that suffers a direct physical or financial harm as the result of a crime, juvenile offense, or a misdemeanor. A person who was charged with offenses arising out of the same transaction as the charged levied against the Defendant is not considered to be a victim.
Restitution can be expensive.  For any criminal case in which a large amount of restitution may be an issue, it is recommended that you retain attorney Daniel Hilf of the law firm of Hilf & Hilf, PLC.
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When an individual is placed on probation in Michigan, there is a determination made by the probation department and/or the sentencing Court as to type of supervision that a probationer receives.  A failure to comply with supervision, and the terms of probation, subjects the probationer to a violation of probation.  For any criminal law issues, it is recommended that you retain attorney Daniel Hilf of the law firm of Hilf & Hilf, PLC.

Non reporting probation – sometimes a Court will allow a probationer to remain totally unsupervised during the period of probation.  However, before the probationer is released from probation a probation officer verifies that the conditions of probation were met (for example, fines were paid, community service was done, etc.), and also does a LEIN check to see if any new criminal activity occurred.
Mail in probation – usually occurs for misdemeanor convictions where the probationer resides in a location far from the Court which imposed the sentence.  If allowed, the probationer must keep in regular (usually monthly) contact with his or her probation officer through U.S. mail.  The probation agent tries to verify the compliance of the probationer with any ordered conditions.
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