Michigan Criminal Attorneys Blog

July 21, 2011

Deportation Info

There are several reasons why a alien may face the possibility of deportation:

1. Aggravated felony – there are serious felony offenses, defined by immigration law, that make the alien subject to deportation.

2. Crimes Involving Moral Turpitude – there are statutorily designated offenses that subject a noncitizen to removal or deportation. It is defined by the Board of Immigration Appeals as conduct which is inherently base, vile, or depraved and contrary to the accepted rules of morality and the duties owed between persons or to society in general. Examples of crimes of moral turpitude include assault, domestic violence, drug possession and selling offenses, rape, child abuse, fraud, etc.

July 20, 2011

Michigan Department of Corrections SAI Prisoner Boot Camp

by Hilf & Hilf, PLC

In Michigan, a person facing prison may shorten their incarceration if they are placed in and successfully complete the MDOC SAI Prisoner Boot Camp. Both men and women are candidates for the program. The first portion of the program is ninety (90) days in length, during which the inmate participates in strenuous physical exercise, community projects work, educational and vocational counseling. Inmates who successfully complete the boot camp program are immediately paroled to aftercare in the area of the inmate’s residence. The aftercare component is a combination of a 30 day residential substance abuse treatment program and 90 days on electronic monitoring. If an inmate does not exhibit a need for residential substance abuse treatment, the 30 day residential treatment program can be waived and the probationer will participate in electronic monitoring for 120 days. The inmate is then placed on 5 months of intensive monitoring. Inmates who fail the program are transferred to a regular prison to complete their sentence.

Not everyone qualifies for Michigan SAI Prisoner Boot Camp. The following is a partial list of offenses which would exclude an inmate from participating in the MDOC SAI Boot Camp program: OUIL offenses on or after 1/1/93; Sexually Delinquent Person; Taking a Woman and Compelling Her to Marry; Animals – fighting, baiting, or shooting; Animals – Dogs Trained for Fighting; Burning a Dwelling House; Burning of Other Real Property; Burning of Insurance Property; Setting Fire to Mines and Mining Material; Assault with Intent to Commit Murder; Assault with Intent to Maim; Assault with Intent to Rob and Steal; Armed Robbery; Attempt to Murder; Burglary with Explosives; Cruelty to Children; Child Abuse; Child Sexually Abusive Material; Solicitation of any felony; Crime Against Nature; Sodomy; Escape from Jail or Prison; Placing Explosives with Intent to Destroy; Extortion; Counterfeiting and possession of coins; First Degree Murder; Second Degree Murder; Death as result of Fighting or a Duel; Manslaughter; Death due to Explosives; Indecent Exposure; Gross Indecency; Kidnapping; Prisoner Taking Another as Hostage; Kidnapping Child under 14 years; Mayhem; Perjury; Poisoning; Railroads – Attempt to Wreck or Endanger; Forcible Detention of Railroad Train; First Degree Criminal Sexual Conduct (CSC); Second Degree CSC; Third Degree CSC; Assault with Intent to Commit CSC; Robbery; Aggravated Assault; Carjacking; Bank Robbery; Safebreaking; Treason; Incitement to Riot; Offenses that involve death or homicide.

There are other reasons that could disqualify a prisoner from MDOC SAI Boot Camp eligibility:

July 19, 2011

Marriage Based Immigration Interviews

by Hilf & Hilf, PLC

You should hire an experienced immigration attorney to help you through the marriage based immigration green card interview, if you are not already represented by competent legal counsel. Why?

1. Legal paperwork – your attorney will help ensure that your paperwork is completed and submitted in a proper manner.

2. Determination if the marriage is real – the hearing officer will ask questions to try to determine if the marriage is real. Some sample questions include:

July 15, 2011

Preparing for an Immigration Interview

by Hilf & Hilf, PLC

Immigration interviews are stressful, because the decision of the officer conducting the interview can have huge consequences on families and individuals. It is important to remember that one of the issues that the officer looks for is fraud, therefore inconsistencies – even small inconsistencies – can negatively affect your case. Hearing officers are different, and the interview experience is often dictated by who is interviewing you. Here are some general suggestions to help you through the process.

FIRST – Make sure that you hire an experienced immigration attorney to represent you. Don’t take chances on decisions that can effect you, your family, and your employment. The attorney can advise you of risks involved in the process, and develop a strategy to improve your chances of success. The attorney can advise you as to the hearing officer, and questions that they may ask.

SECOND – Be prepared. Know what the paperwork in you file says. Make sure you memorize all the facts of your case.

July 13, 2011

Why Should I Hire An Immigration Attorney

by Hilf & Hilf, PLC

Immigration law is a very complex, and rapidly changing, area of law. When an application is submitted, Citizenship and Immigration Services (CIS) uses the submitted information for several purposes:

FIRST: the information is used in conjunction with deciding if a benefit (such as asylum, residency, different visas) should be granted.

SECOND: the information can be used to determine if the non citizen should be placed into removal (deportation) proceedings.

July 11, 2011

Obtaining Bail or Bond in Michigan Criminal Cases

by Hilf & Hilf, PLC

The purpose behind the setting of bond or bail is to ensure that the Defendant appears at future Court dates, and to protect society from danger. Courts, when they set a bond can consider: personal bonds (which means that no money has to be paid for the Defendant to remain free in the community); cash bonds; surety bonds; and 10% provisions (which means that the Court only requires 10% of the total bond amount to be posted. The Court, however, will keep 10% of the 10% posted at the conclusion of the case – provided that the bond is not forfeited by the Court because of a violation of the bond by the Defendant).

The Court can deny any bond if the Defendant is charged with murder or treason. Also, if the accusation is a violent felony, and at the time of the alleged commission of the violent felony, the Defendant was on probation, parole, released pending trial for another alleged violent felony, OR during the 15 years preceding the alleged violent felony, the Defendant had been convicted of 2 or more violent felonies arising out of separate incidents, the Court can also deny bond if the Court finds that proof of the Defendant’s guilt is evident or the presumption is great. The Court also has the ability to revoke the Defendant’s bond upon conviction and prior to sentencing for a violent felony offense.

Other than that, the Court has to set a bond. However, Judge’s have wide discretion to set unreasonable bonds. Because some Courts have tendencies to set unreasonable bonds, it is important that the Defendant is represented by an experienced and talented attorney who is prepared to address the issue with the Court.

July 11, 2011

Testifying In Court Regarding Criminal Allegations

by Hilf & Hilf, PLC

Nobody likes having to testify in Court. It is a nervous experience, especially if you are accused of some sort of wrong doing, or if a friend or family member is so accused and you are in Court concerning the accusation.

If there is a possibility that the answer could incriminate yourself, you have a 5th Amendment Privilege not to testify. There are other instances in which privilige can be asserted in order to limit or prevent the testimony from being offered. Whenever you have a question about a privilege that may apply to your situation, you should consult with a lawyer. In the absence of a privilege, testimony can be compelled.

Defendants and witnesses are free to retain a lawyer to represent their interests. For excellent legal representation you should consider having Attorney Daniel Hilf as your lawyer.

July 11, 2011

Preliminary Examinations in Michigan – the decision to hold or waive.

by Hilf & Hilf, PLC

In Michigan, A Defendant who is charged with a felony or a high court misdemeanor (an offense that carries a maximum sentence of greater than 1 year) has a right to a preliminary examination. A preliminary examination is a hearing in front of a District Court Judge to determine if there is probable cause to believe that a crime occurred within the jurisdiction of the District Court, and probable cause to believe that the Defendant committed that offense. It is not a finding of guilt or innocense, it is a finding of sufficiency. The Judge considers whether or not there enough evidence to create a question of fact where the matter can be considered at the Circuit Court (the trial court level).

The Defendant and the Prosecution both have the option to hold or waive the preliminary examination. The waiver of the preliminary examination can occur at the probable cause conference, which is the first court hearing after the arraignment. If either the Defendant or Prosecution elects to hold the preliminary examination, the same occurs within 14 days of the Defendant’s arraignment on the charge or charges which brought him/her before the Court. This 14 day rule can be waived if the Court makes a determination that there is good cause to waive this time period.

If the preliminary examination is held, the District Court Judge first listens to the testimony of Prosecution witnesses, and also reviews exhibits that are received by the Court. The Defense attorney has the opportunity to cross examine any witness called by the Prosecution. At the conclusion of the Prosecution’s case, the Defense is allowed to call witnesses and introduce exhibits. Witnesses can be subpoenaed for Court if necessary. The Defendant has the option to testify at the preliminary examination (which is never a good idea). It is important to have great legal representation at the preliminary exam.

July 11, 2011

Why Should I Retain A Criminal Defense Attorney?

by Hilf & Hilf, PLC

If you cannot afford a lawyer, you are entitled to have the Court appoint a lawyer to represent you in any criminal proceeding where the Court may incarcerated you. A appointed lawyer does not necessarily mean a free lawyer – the Court, more often than not, orders the Defendant to reimburse the jurisdiction for court appointed attorney fees. The fee may be hundreds to thousands of dollars depending upon the amount of work the attorney performs. Sometimes you truly get what you pay for. By requesting a court appointed attorney, you lose the choice to hire who you want to represent you.

There is a chance that luck will be on your side, and the attorney you receive will be a dedicated advocate on your behalf. There is also the risk, however, that the court appointed attorney may be inexperienced, ill prepared, overworked, and/or apathetic.

Many counties in Michigan do not pay (or pay a minimal amount) for the court appointed attorney to file and argue motions (things like Motions to Quash, Motions to suppress evidence, Motions to reduce and/or modify bond), which sometimes reduces the likelihood that such a motion will even be filed. Some (not all) court appointed attorneys will not file these motions on your behalf because they do not get paid to do so. Some Courts pay public defenders less than a couple hundred dollars to conduct a trial, which reduces the time that the attorney may dedicate to prepare for the trial. The court appointed attorney also may be reluctant to conduct a trial, because they believe (rightly or wrongly) that the Judge who assigned the case to them will not continue to do so if trials are the result. If you are incarcerated, it is often difficult for you to maintain regular contact with your lawyer if they are court appointed. Some Courts either do not pay for jail visits, or limit the number of jail visits that the court appointed attorney can bill for. Unfortunately, good results are often the product of effective, fearless, and dilligent preparation.