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In Michigan, persons convicted of a “serious crime” that have at least 3 prior felonies, with one prior conviction being a “listed felony”, may be subject to a 25 year mandatory minimum prison sentence pursuant to Michigan Compiled Law 769.12.  This is commonly referred to as super habitual sentencing.

What is a “serious crime”?  Michigan Compiled Law 769.12(6)(c) provides a list of offenses that are defined by Michigan law as being serious crimes.  Included on that list are the following offenses: second degree murder, manslaughter, assault with intent to commit murder (AWIM), assault with intent to go great bodily harm (Assault GBH), assault by strangulation, assault with intent to maim, assault with intent to rob, armed, assault with intent to rob, armed, armed robbery, carjacking, kidnapping a child under 15 years of age, prisoner taking hostage, mayhem, Criminal Sexual Conduct in the first degree (CSC1), Criminal Sexual Conduct in the second degree (CSC2), Criminal Sexual Conduct in the third Degree (CSC3), assault with intent to penetrate, and conspiracy to commit any of the offenses listed in this paragraph.

What is a “listed offense”.  According to Michigan Compiled Law 769.12(a)(i)(ii) and (iii) the following offenses are included: second degree murder, manslaughter, felonious assault, assault with intent to commit murder (AWIM), assault with intent to go great bodily harm (assault GBH), assault by strangulation, assault with intent to maim, assault with intent to rob, armed, assault with intent to rob, armed, armed robbery, carjacking, kidnapping a child under 15 years of age, prisoner taking hostage, mayhem, Criminal Sexual Conduct in the first degree (CSC1), Criminal Sexual Conduct in the second degree (CSC2), Criminal Sexual Conduct in the third Degree (CSC3), assault with intent to penetrate, attempted murder, solicitation to commit murder, aggravated stalking, felony stalking with victim under 18 years, rioting in a state correctional facility, home invasion first degree, home invasion second degree, any drug offense punishable by more than 4 years in prison, child abuse first degree, child abuse second degree, vulnerable adult abuse first degree, vulnerable adult abuse second degree, assault of employee during escape, fleeing and eluding first degree, fleeing and eluding second degree, impaired driving causing death, arson of dwelling house, carrying weapon with unlawful intent, carrying a concealed weapon (CCW), felony firearm (second or subsequent offense), intentional discharge of firearm at vehicle, intentional discharge of firearm at dwelling, intentional discharge of firearm at emergency or law enforcement vehicle, and attempt to commit any of the offenses listed in this paragraph.

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In Michigan, many people are prosecuted every year for hunting and fishing violations.  These hunting and fishing violations can sometimes result in arrests, jail time, probation, large amounts of fines/costs/restitution, the forfeiture of hunting/fishing equipment, and the loss of hunting privileges or fishing privileges.

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A  Michigan Department of Natural Resources (DNR) investigation often begins with a tip that they receive from a neighbor, or bystander, as to a particular hunting violation.  It could be from a dog tracker or a deer processor.  DNR officers are usually quick to respond, because the window to conduct a proper investigation is often small.   Sometimes the investigation begins with something that the DNR officer observed while performing his or her job.  The type of investigation conducted usually depends upon the type of case that is investigated.

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If the DNR conservation officer is investigating a hunter for illegally taking a deer, he or she will attempt to interview the hunter and other persons that have knowledge of the alleged offense.  Do not lie to an DNR officer – that is a crime.  However, remember that you have a 5th Amendment privilege not to incriminate yourself.  You are not obligated to provide any statement regarding the alleged offense.  You also have a right to retain an experienced lawyer to represent you, such as Attorney Daniel Hilf, to defend you.

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Cyberstalking in Michigan is viewed as a serious offense.  The law that applies to cyberstalking, MCL 750.411s(1) provides that a person shall not post a message through a communication medium such as the internet, computer, or other electronic medium with the complainant’s consent if all of the following apply to the situation: (a) the person knows or has reason to know that posting the message could cause 2 or more separate noncontinuous acts of un-consented contact with the complainant; (b) the intent behind point the message is to cause conduct to make the complainant feel terrorized, frightened, intimidated, threatened, harassed, or molested; (c) this conduct of posting the message would make a reasonable person to suffer emotional distress; (d) AND conduct from posting the message actually causes the complainant emotional distressed and to feel terrorized, frightened, intimidated, threatened harassed, or molested.

If you communicate with someone else through the internet, a computer, a computer program, network, or system for the purpose of committing, attempting to commit, soliciting someone else to commit stalking or aggravated stalking, this is also a crime in Michigan pursuant to MCL 750;145d(1)(b).

There are a few exceptions to cyberstalking under the law such as Constitutionally protected speech or activity, and to the internet company or computer service provider who acts in good faith and is unaware of the specific nature of what was posted.  There are other defenses that can be pursued by an experienced criminal lawyer, such as Attorney Daniel Hilf.

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It does not take much for a police officer to pull a car over in Michigan.  Even though the 4th Amendment to the United States Constitution protects the right of the people from unreasonable searches and seizures, people still get pulled over with little justification.

Part of the reason is that the law uses words such as “unreasonable”, which gets watered down over time in favor of law enforcement.   When a stop is challenged in Court, the Judge  is supposed to examine the totality of the circumstances in making a decision, according to Ohio v. Robinette, 519 US 33; 117 S Ct 417 (1996).  The officer must have a reasonable suspicion that the vehicle or an occupant of the vehicle was in violation of the law.  Terry v. Ohio, 392 US 1; 88 S Ct 1868 (1968); People v. Williams, 236 Mich App 610 (1999).

Included in the notion of stopping someone based upon a violation of the law are things such as equipment violations.  Under the Michigan Motor Vehicle Code an officer may stop and inspect a motor vehicle for an equipment violation.  Michigan Compiled Law 257.715(1) states that equipment on motor vehicles must be maintained, and a uniformed police officer is able to stop a car and inspect the vehicle and issue traffic tickets for defects as long as he or she has reasonable grounds to do so.  Equipment violations do not even have to be a safety violation or effect the performance of the car.  For example, if the light bulb that lights up the license plate is burned out, which is a violation of Michigan Compiled Law 257.686(2), this is enough to allow a stop.

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Warrants can be issued by Courts due to new cases, for probation violations, or failing to comply with a court order (for example, failure to appear when properly subpoenaed can lead to a show cause or a material witness warrant).  When the warrant is from out of State, sometimes there will be a request for extradition to enforce the outstanding warrant.

Notification of the warrant can be through the mail, a telephone call from police, or even perhaps from a friend or family member that received information from a police officer.  When a valid warrant exists you are at risk of being arrested whenever a police contact occurs.  The police contact can be a simple traffic stop, through a customs or border agent when entering the United States, or law enforcement could take a proactive approach and knock on your door or arrest you on your way to work.  Sometimes when you are stopped by police and they discover a warrant you are released because the jurisdiction where the warrant is from simply does not want to pick you up.  This is common for people stopped by the police in Oakland County for many misdemeanor offenses in Detroit.  There sometimes is a period of detention that occurs while law enforcement finds out whether or not the jurisdiction where the warrant exists will pick you up on that warrant.  In most instances if there is a valid warrant you should count on being taken to the court to address the matter.  In some instances, there is a bond or an interim bond that is set to allow for release.

If you have a warrant for your arrest your first step is to contact a lawyer that is experienced and that can help you, such as attorney Daniel Hilf from the law firm of Hilf & Hilf, PLC.  Why do you need a lawyer for a warrant?

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When a probation agent believes that a probation violation occurs, sometimes an arrest warrant is issued by the Judge to address the situation.  On other occasions, the probationer receives notice in the mail to appear on a particular date to address the probation violation.  It is also not uncommon for the probationer to be brought before the Judge when the probationer appears for their regular report date.  How the situation is addressed depends on the Court and the nature of the alleged violation (for example, a Judge may feel more of an urgency to immediately address the situation of a DUI probationer who allegedly continues to consume alcohol because the Judge may believe the public is at risk).  The Judge has the ability to set a bond, and bond conditions, when the probationer is arraigned on the probation violation.  At the arraignment on the probation violation the probationer is advised in writing of the violation(s) that are pending.  The probationer has the ability to retain counsel to address the probation violation, or request court appointed counsel if indigent (and if there is a chance that the probationer can be incarcerated).

It is in the probationer’s best interest to retain counsel for a probation violation for the following reasons:

  1.  The probationer often is not afforded counsel for arraignment purposes.  Having a retained lawyer increases the opportunity for the probationer to obtain a reasonable bond;
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In Michigan it is the responsibility of every hunter, and every person who fishes, to know the laws as it relates to their hunting and fishing privileges.  These laws and penalties are always subject to revision, and it is recommended that you read the Michigan Hunting and Trapping Digest for the current year at the start of the season.  When a DNR conservation officer issues a ticket, their are certain offenses that carry mandatory penalties upon conviction:

  1. Violation of permits to hunt/fish, hunger/fishing out of season, bag limit violations, shooting during prohibited hours, and improper methods of taking game can lead to a fine from $50 to $500 dollars and a maximum of 90 days in jail.
  2. Illegally taking a deer  carries  a maximum sentence of 90 days.  This offense also will lead to the imposition of restitution of $1000 per animal and another $1000 if antlered.  For trophy deers, their is also restitution of $500 for each point for a deer with 8 to 10 points, and $750 for each point for deer with 11 or more points.  On top of this, there is a revocation of hunting privileges for the current hunting season plus 3 additional years.  If the deer is antlered, for a first offense there is an additional 2 year suspension, and for a second offense and additional 7 year suspension.  The hunter’s firearm, crossbow, or bow is also subject to forfeiture.  The court will also potentially impose court costs and probation with conditions as well.
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Due to the popularity of Somerset Mall, Oakland Mall, Nordstrom Rack, and other shopping destinations, there is a large volume of retail fraud investigations in the city of Troy.  Most retail fraud cases begin with an individual’s apprehension by a lost prevention employee (asset protection) from the store.  The lost prevention employee typically detains the individual and recovers the merchandise in question and determines whether or not the merchandise was purchased.  If the lost prevention employee makes a determination that shoplifting occurs he/or she will usually attempts to have the individual admit verbally and sometimes in writing to the theft, contacts the police, and writes a store report about the incident.  The responding police officer is usually given a copy of that store report, along with any store video.  The merchandise that is the subject of the complaint is photographed, and a determination is made as to the retail price of the merchandise involved.  The individual is given notice by the store that he or she will be considered a trespasser.

The police officer has the discretion to issue a ticket, which will require the individual to be arraigned at the district court within 10 days, or to take the individual into custody.  If the alleged retail fraud is a felony, or the individual has warrants, the individual is typically taken into custody.  If the individual is a minor, typically a parent or guardian is contacted and the minor is released to their custody.  A person who is in custody, in most circumstances, is arraigned within 72 hours before a magistrate.

At the arraignment a magistrate or Judge will read the charge or charges in open court, provide notice of the potential penalty, determine if the individual needs a court appointed lawyer for the next court date, and sets bond.  For bond purposes the magistrate or Judge will typically consider the individual’s risk of flight (whether or not they will appear in court) and danger to the community (typically the individual’s prior record or information about the alleged offense) when setting the bond amount.  The bond amount can be a personal bond (no money is required), cash, surety, or 10%.  The bond amount can include restrictions such as (but not limited to) drug/alcohol testing, inability to leave the State of Michigan, no new criminal offenses, etc.  The legal representation that an individual receives can influence the bond amount and bond conditions.

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Being charged with a crime exposes a defendant to severe consequences such as possible jail term and having an indelible criminal record. A criminal defense attorney understands the criminal justice process and can handle a variety of criminal cases such as felonies, misdemeanors, white-collar crimes, drug charges and state and federal crimes. Any form of criminal arrest warrants the need for a qualified criminal defense attorney who offers legal advice to protect the defendant’s rights and ensures the most favorable outcome of the case.

Although it may seem premature, it is important to hire a criminal defense attorney as soon as one is arrested and criminal charges are imminent. The attorney will help navigate the criminal justice process during the following stages:

Investigation

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The government has a removal proceeding in the United States to remove a non-citizen, or alien, from the country. There are different forms of deportation; voluntary deportation is when an alien leaves the country of his or her own accord and at his or her own expense within a certain amount of time, while deportation is when the government orders removal of an alien from the United States after the removal proceedings and at the cost of the state.

Types of Voluntary Departure

Two types of voluntary departure exist, both permits the alien to leave the United States within a time period and at their own expense.

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Big Beaver Rd #123
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