Logo
 
 
aila_logo.jpg bbb.jpg avvo.jpg

Free Consultation

* Indicates required questions
Name *
First Last
Email *
Phone #
Message *
VerificationCode
Enter code in image:

Criminal Sexual Conduct Third Degree


Criminal Sexual Conduct in the Third Degree (MCL 750.520d), also known as CSC 3rd Degree, is a very serious charge in Michigan. Criminal Sexual Conduct in the Third Degree always involves some form of rape (sexual penetration). The penalties for  3rd Degree Criminal Sexual Conduct, upon conviction, are severe:

1) CSC 3rd Degree carries a maximum sentence of up to 15 years in prison. The minimum prison sentence will be lengthy due to quickly escalating sentencing guidelines which the Court will follow in almost all cases. If the Defendant has a prior felony record, the maximum penalty and sentence guidelines can increase as a habitual offender;

2) Under Michigan law, a mandatory prison sentence must be imposed upon conviction from Criminal Sexual Conduct 3rd Degree.  The Court is not allowed to avoid a prison sentence with a probationary sentence for this offense;

3) CSC 3rd Degree is classified under Michigan Sex Offender Registration as a Tier III offense, unless the sentencing Judge makes a determination that the victim consented, the age of the victim was at least 13 years old but less than 16 years old, and the Defendant is not more than 4 years older than the victim.  Tier III cases are the most severe sex offenses, which places the offender on a lifetime public registry. The information must be verified by the offender with law enforcement at least 4 times a year; January 1st through 15th; April 1st through 15th; July 1st through 15th; October 1st through 15th.  The Defendant must also notify law enforcement whenever he or she changes residences, changes employment, obtains a new email address, and other restrictions that are contained in my blog "Michigan Sex Offender Registration Act - What You Need To Know" at http://www.hilfandhilf.com.

Hence, a conviction for CSC 3rd Degree is a life changing event. Experienced criminal legal representation is a necessity for anyone accused of this crime.  The attorneys at Hilf & Hilf, PLC have extensive criminal trial experience and have previously successfully defended Criminal Sexual Conduct allegations including Criminal Sexual Conduct in the Third Degree.

The offense of Criminal Sexual Conduct in the Third Degree (MCL 750.520d) involves some form of sexual penetration combined with any one of the following circumstances: 

1) The alleged victim is at least 13 years old but less than 16 years old;

2) The Defendant used force or coercion to commit the alleged sexual penetration;

3) The Defendant knew or had reason to know that the alleged victim was mentally unable to consent (due to age, mental retardation, etc.), mentally incapacitated (due to intoxication, date rape drug, etc), or physically helpless (in a coma, quadriplegic, etc.) at the time of the alleged sexual penetration.

4) The alleged victim was related to the Defendant by blood or affinity to the third degree and the sexual penetration occurred under circumstances not otherwise prohibited by the criminal sexual conduct statutes.

 

An aider and abettor to Third Degree Criminal Sexual Conduct can be found guilty for this crime. Mere presence alone does not constitute aiding and abetting. However, any minimal assistance in the crime, even assistance in which the aider and abettor does not engage in any sexual act, can lead to the same charge as the main participant.

It is not uncommon for an individual to be falsely accused of Criminal Sexual Conduct in the Third Degree. Many common motivators to lie about criminal sexual conduct or rape include, but are not limited to, a mental disorder, the hope to gain sympathy, bias or hatred, financial gain, and/or to not lose face in one’s community. Any false allegation for Criminal Sexual Conduct 3rd Degree must be defended with the utmost vigilance.  It is an affirmative defense to CSC 3rd Degree that the alleged victim was in a position of authority over the Defendant and used this authority to coerce the Defendant to commit the alleged sexual penetration.  Other defense to 3rd Degree Criminal Sexual Conduct include, but are not limited to, consent (as long as the alleged victim is 16 years or older, and other circumstances don’t exist to make this Defense not viable), reasonable doubt, the alleged victim is not credible, alibi, statute of limitations, and insanity. 

Anyone accused and/or charged with Third Degree Criminal Sexual Conduct should first exercise their right to remain silent and second hire a skilled criminal defense lawyer, such as the lawyers at Hilf & Hilf, PLC, as soon as possible after the accusation for Criminal Sexual Conduct in the Third Degree is made for the following reasons:

1.  A police officer or a detective that attempts to question you is more often than not looking to build a case, and not looking at the case with an open mind or in a balanced manner – even if he or she tells you otherwise.  Statements taken by police officers or detectives are often taken out of context, and can and will be used against you in Court.  The police officer or detective will often try to scare you into making a statement by telling you that if you don’t say anything they won’t have anything to take to the prosecutor on your behalf in your favor.  Your statement to law enforcement (or to anybody) in this context, by and large, will not help you in any way.  Any experienced criminal defense attorney will tell you to remain silent, and it is recommended that you consult with your lawyer before you take any steps or make any statements;

 

2. You have a better chance of receiving a reasonable bail or bond through effective legal representation. Bond for this type of allegation, based upon the nature of the offense and the possible sentence, are usually high;

 

3. The experienced criminal defense lawyer can prepare the case for preliminary examination to work for possible dismissal, lay the groundwork for possible motions, develop testimony to impeach witnesses, and develop defenses for trial;

 

4.  In some instances passing a polygraph examination (lie detector test) will lead to a dismissal or reduction in charges.  Your lawyer can make arrangements for a polygraph examination to occur if you and your lawyer decide a polygraph is in your best interest.  Be mindful that there are a lot of risks with taking a polygraph test, and you should never agree to take a polygraph test without first consulting with an experienced criminal defense lawyer;

 

5. You need an experienced criminal defense attorney to prepare and conduct the trial to give you the best chance of winning. The Prosecution needs to see that your attorney is not going to surrender, and will fight the case vigorously on your behalf, if your plan is to negotiate the best possible settlement short of trial.

 

6. An experienced criminal defense lawyer can file motions and/or conducting evidentiary hearings, when appropriate, in order to possibly: gain dismissal of charges; exclude improperly obtained statements from the Defendant; suppress evidence that was illegally seized; and/or challenge the ability of the prosecutor to introduce prior act testimony at trial. The ability to control the evidence introduced at trial can greatly improve the chances of ultimately gaining acquittal;

 

7. If you plan to plead guilty to a Criminal Sexual Conduct offense, the experienced criminal defense lawyer can work to achieve the best result through possible plea bargains, possible Cobbs or sentencing agreements, persuasive lawyering, and optimal scoring of the Michigan Sentence Guidelines. The experienced criminal defense lawyer can provide advice as to whether entering a plea of guilty to Criminal Sexual Conduct or a reduced charge is in your best interest. 

 

 

Sometimes in life you only have one opportunity to obtain the right result.

 

 

Hiring the right criminal defense lawyer may be one of the most important decisions you make for yourself and your family. There are many lawyers who claim to do more than what they are able - just as there are many surgeons in the world that are no better than butchers. Do not settle for a legal hack job. Practicing law is a skill that develops over time with experience, commitment, dedication, and God given talent. There are no amateur attorneys at Hilf & Hilf, PLC – only experienced professionals that are guided by the humanity in the individuals we serve, and the drive not to settle for what is easy over what is right.

What Happens After I Get a DUI?
Although it isn’t easy, it is possible to get DUI charges dropped. A more reasonable approach is to attempt to have your consequences reduced. Receiving a lighter punishment relies on a strong legal defense and quality representation. If...
Read More...
If You've Been Arrested You Need a Trusted Criminal Defense Attorney
Anyone can have a run-in with the law, even if your only prior offense is a minor traffic ticket. If you find yourself in the back of a squad car, you may not understand where you’re going or what’s going to happen. In this situation,...
Read More...
Why You Need an Immigration Lawyer
With the complexities of the U.S. immigration process, seeking counsel from an immigration attorney can be incredibly useful and save you from a number of inconveniences.
Read More...
Shoplifting investigation
In defending persons accused of retail fraud, it is important to understand the procedures used by major retail stores in their investigations.  Mistakes in judgment sometimes occur - leading to false arrests. Sometimes the situation is...
Read More...
CSC Cases and HYTA
The Holmes Youthful Trainee Act (HYTA) provides an avenue for persons that are from 17 years old to before the person's 21st birthday (at the time of the offense) to avoid a conviction and Sex Offender Registration Act (SORA) compliance....
Read More...
Why You Need a Criminal Defense Attorney in Oakland County MI
According to the U.S. Census Bureau, Oakland County is the second most populated county in Michigan with a population of over 1.2 million residents. A large population can lead to strict law enforcement and heavily policed streets. Over 25,000...
Read More...
Top Criminal Lawyer in Michigan Daniel Hilf
If you have been accused of a crime, you must retain the services of a criminal defense attorney immediately. Finding the right criminal defense attorney is crucial to the outcome of your case and will impact the rest of your life. Don’t put...
Read More...
2014 H-1B Season
It is important for United States foreign worker employers and foreign employees in specialty occupations (such as engineers, scientists, computer programmers, medical workers, etc.) that require theoretical or technical expertise that is time to...
Read More...
Immigration Request For Evidence (RFE)
  Sometimes the United States Citizenship and Immigration Services (USCIS) will make a determination that it needs more information before it can proceed with an application.  This will prompt the USCIS to send a Request For Evidence...
Read More...
Michigan Criminal and Traffic Case Abbreviation Codes
The following are a list of case abbreviations used in Michigan Courts for misdemeanors, felonies, criminal appeals, forfeiture, and juvenile offenses for alleged state law and ordinance violations.  They are often referred to as case...
Read More...
Violation of Probation for New Offense Question
  Can I get sent to jail for catching a misdemeanor while on probation?   Before I caught the misdemeanor I did everything the Judge ordered me to do such get my diploma, attend AA/NA classes and I am also working. I was...
Read More...
Appeal of the Michigan Parole Board
A Defendant does not have the ability to appeal his or her denial of parole under the laws of the State of Michigan at the time of this blog.  However, either the Prosecutor or the victim of an offense may appeal in the Circuit Court where...
Read More...
Social Media and Criminal Defense
  Facebook, Twitter, and social media in recent years brought about more confessions than church ever has. Confession may be good for the soul, but it is usually bad for a Defendant when it comes to criminal investigations. The...
Read More...
Prosecution Use of Recorded Jail Phone Conversations
In jails and correctional facilities there is more often than not a sign posted at the pay telephone in the jail that calls are subject to monitoring.  Many incarcerated individuals either ignore the sign, or forget about the warning, when...
Read More...
Crime Victims Help in Michigan
Victims of crime often suffer many forms of mental, emotional, and financial injury as a result of actions of others.  Pursuing justice is often a daunting, intimidating process that can lead a crime victim to feel helpless.  In Michigan,...
Read More...
Does a Priest Have to Disclose a Confession of a Crime to the Police?
  A recently decided case, the People of the State of Michigan v. John Jerome Prominski (Court of Appeals number 309682) decided whether a clergyman is obligated under MCL 722.633(2) to report child abuse when he is told...
Read More...
Legally Driving in Michigan with a Mexican Driver's License
  According to the Michigan Court of Appeals decision of People v. Valeriano Acosta-Bautista, 296 Mich App 404 (2012), Michigan recognizes and observes a longstanding treaty that allows foreign nationals from certain countries to drive...
Read More...
Urban Drug Court
The Urban Drug Court is a sentencing option for persons convicted of non violent crimes that occur in the city of Pontiac, Michigan.  The residency of the Defendant does not have to be in Pontiac - just the non violent crime must have...
Read More...
Attorney Daniel Hilf's Interpretation of the Larceny from Person Statute Prevails at the Michigan Supreme Court
On July 30. 2013 the Michigan Supreme Court decided the case of the People of the State of Michigan v. Chandra Valencia Smith Anthony (docket number 145371).  The Michigan Supreme Court held that "Michigan law requires a taking from the...
Read More...
Owning a Dangerous Animal Causing Serious Injury is NOT a Strict Liability Crime
Owning a Dangerous Animal Causing Serious Injury in Michigan, pursuant to MCL 287.323 is not a strict liability crime.  In a July 25, 2013 opinion concerning the case of the People of the State of Michigan v. John Wesley Jane the Michigan...
Read More...
Retail Fraud, Loss Prevention, and Criminal Prosecutions
Retail Fraud (also known as Shoplifting) is a crime committed by persons of all religious backgrounds, races, ethnicity, ages, and income level.  Throughout the United States, over a half million retail fraud incidents occur each day. ...
Read More...
Gay Marriage Immigration Benefits
Upon the finding by the United States Supreme Court that DOMA (the Defense of Marriage Act) was unconstitutional, the USCIS has been now directed to review immigration visa petitions for gay and lesbian couples that marry in the same manner that the...
Read More...
Attorney Daniel Hilf and Attorney Sufen Hilf are scheduled to appear on Street Beat.
Attorneys Daniel Hilf and Sufen Hilf, of the law firm of Hilf & Hilf, PLC recently were selected for their legal expertise to appear on CW50's Street Beat program concerning immigration law.  Their segment is scheduled for broadcast on...
Read More...
Drug Addiction and Criminal Defense
There are a variety of reasons individuals experiment or become addicted to drugs, such as: social history, genetic disposition, use by friends and/or family members, income level, how the individual handles stress, etc.  A list from most...
Read More...
Asylum
A person inside the United States can obtain asylum for himself or herself (and derivatively for the asylum applicant's spouse and/or unmarried children under 21 years old) if he or she can demonstrate that he or...
Read More...
Why you should not talk to the police.
In most instances, talking to the police concerning a criminal accusation will not help the person being questioned and usually hurts them.  Many people have an idea of a police officer or a detective as someone who has a balanced...
Read More...
Avvo Michigan Criminal Defense Lawyer
Daniel Hilf, of the law firm of Hilf & Hilf, PLC is a frequent Avvo contributor, and has received awards from Avvo for his outstanding contributions as a criminal defense lawyer.  He currently has an "superb" rating with...
Read More...
7411 Status
A person convicted of a drug possession offense in Michigan may qualify to have his or her record expunged at the time of sentencing.    In Michigan (for non federal cases) an individual who either pleads guilty or is found guilty of...
Read More...
False Claim of US Citizenship Can Act as a Permanent Bar
The most serious of all immigration violations is a False Claim of United States Citizenship.  This acts as a permanent bar for any form of immigration relief.  This fraud or willful misrepresentation, which involves making a false claim...
Read More...
Is it possible to be sentenced to a HYTA prison sentence and participate in the MDOC SAI Boot Camp for the same offense?
In Michigan a Defendant sentenced under the Holmes Youthful Trainee Act (HYTA) is potentially subject to probation, probation with a jail sentence,or a prison sentence.  If the Defendant is sentenced to prison under HYTA, he or she can be...
Read More...
Michigan to Allow Driver's Licenses for DACA (Deferred Action for Childhood Arrivals) Participants
Michigan Secretary of State Ruth Johnson has decided to allow the issuance of Michigan Driver's licenses and State IDs for DACA participants, beginning on February 19, 2013.  Previously, Michigan was among a small number of States to resist...
Read More...
EB-5 Due Diligence Questions
There are hundreds of EB-5 Regional Centers approved by the USCIS, however the approval is not an endorsement that the investment itself is sound or that participation will lead to an I-526 and I-829 approval.  It is wise for the investor to...
Read More...
Miranda Rights
The typical Miranda Warnings read by a police officer when an individual is placed into custody include:   You have the right to remain silent; Anything you say or do may be used against you in a Court of law; You have the...
Read More...
Organized Retail Crime
  In Michigan, on January 1, 2013, a new 5 year felony offense was enacted called "Organized Retail Crime".  According to this law a person would be guilty of Organized Retail Crime when he or she, alone or in...
Read More...
Top 50 Consequences of a Drunk Driving Conviction
The following is a list of the top 50 possible consequences of a drinking and driving conviction in Michigan.  Some of the items on this list will definitely apply, and others may not apply, to your own particular...
Read More...
Violation of Probation Defenses
It is sometimes difficult to defend accusations of probation violation in Michigan due to the low burden of proof (preponderance of the evidence) and the allowable use of hearsay evidence because the rules of evidence do not apply in the same...
Read More...
Reduced Prison Sentences for Illegal Aliens
In Michigan, pursuant to Michigan Compiled Law 791.234b, a prisoner who has a final order of deportation against him or her by the United States Immigration and Naturalization Service may be paroled after serving at least 1/2 of the minimum sentence...
Read More...
What is ETG Testing
EtG (Ethyl Glucuronide) is a common urine test used by Courts to verify whether an individual on bond or probation has used alcohol in the past 3 to 5 days.  EtG testing is usually performed at an outside agency which the Court deems...
Read More...
Violation of Probation for Use of Drugs or Alcohol
A very common violation of probation allegation in Michigan and elsewhere is for using or testing positive for drugs or alcohol while on probation.  The punishment for drug or alcohol related violation of probation can include one or a...
Read More...
Alien with Extraordinary Ability
An alien with an extraordinary ability in the sciences, arts, education, business or athletics can petition for United States immigration benefits pursuant to the regulation at 8 C.F.R. 204.5(h)(3).  The spouse and/or children of an alien...
Read More...
Dog Owner Responsibility
  Responsible ownership of dogs, cats, and other pets is enforced by local communities. The standards of a particular city may vary from other communities, and it is up to the pet owner to make sure that he or she is in compliance with...
Read More...
Parole in Michigan
The Michigan Parole Board is comprised of a ten member board, with each member appointed by the director of the Michigan Department of Corrections (MDOC). The Parole Board meets regularly to review cases and decide whether or not to grant...
Read More...
Mental Health and Michigan Criminal Defense
Many individuals charged with criminal offenses in Michigan suffer from some form of mental illness.  Just because someone is mentally ill does not necessarily mean that a criminal charge will be dismissed or reduced.  Outside of a plea...
Read More...
Juvenile Court
Persons younger than 17 years old accused of delinquency often have their matter addressed by the juvenile Court system.  Delinquency charges in most cases are not considered as criminal matters, although the charges often stem from behavior...
Read More...
DACA Questionnaire
    DACA  (DEFERRED ACTION FOR CHILDHOOD ARRIVALS) QUESTIONNAIRE AND DOCUMENT REQUEST   Please print clearly the following information and return it to:   Hilf & Hilf, PLC 1775 W. Big Beaver...
Read More...
Your Trial Rights for Criminal Cases
There are several important Statutory and Constitutional Rights that every person who is prosecuted in a Michigan Court for a criminal allegation has:   1.  Right to be represented by a lawyer.  Anytime your liberty is at risk you...
Read More...
Top 20 Criminal Trial Rights
There are several important Statutory and Constitutional Rights that every person who is prosecuted in a Michigan Court for a criminal allegation has:   1. Right to be represented by a lawyer. Anytime your liberty is at risk you have an...
Read More...
How to Prepare a Criminal Case for Jury Trial
Although trials don’t always proceed as expected, and the lawyer must often think on his or her feet, there are many steps that a lawyer can take to become prepared for trial in order to give his or her client the best chance to prevail....
Read More...
Top 10 Ways To Successfully Defend A Criminal Case
Although trials don’t always proceed as expected, and the lawyer must often think on his or her feet, there are many steps that a lawyer can take to become prepared for trial in order to give his or her client the best chance to prevail....
Read More...
Wrongful Convictions Based Upon Misidentification
Statistical analysis has shown that in cases where an individual was exonerated of a crime by DNA evidence, 25% of those cases involved a misidentification by a witness of the suspect.  Unfortunately, misidentifications in some cases have...
Read More...
Removing No Contact Provisions on Domestic Violence Cases
No Contact Provisions in Domestic Violence Cases
A common bond condition and/or condition of sentence in domestic violence cases is for the Defendant to not have any contact with the complaining witness.  No contact generally means no direct contact or no indirect contact. ...
Read More...
ICE Detention Advice
  Advice If You Are Stopped Or Detained By ICE (US Immigration and Customs Enforcement Do not lie to a federal officer. An ICE officer is a federal officer. Lying to a federal officer could constitute criminal obstruction of...
Read More...
Casino Crimes in Michigan
  There are a number of different crimes in Michigan, under state law, related to gambling, gaming, and casinos.  In as much as casinos provide a significant source of revenue to the state and local governments, these crimes are...
Read More...
50th District Court in Pontiac
The 50th District Court (which is also referred to as the Pontiac District Court) is located at 70 N. Saginaw Street in the city of Pontiac, Michigan. The Court serves the citizens Pontiac, and handles civil, criminal,...
Read More...
48th District Court in Bloomfield Hills
  The 48th District Court (which is also referred to as the Bloomfield Hills District Court ) is located at 4280 Telegraph Road in the city of Bloomfield Hills, Michigan. The Court serves the citizens of Bloomfield...
Read More...
52nd 2nd Division District Court in Clarkston
The 52nd District Court - 2nd Division (which is also referred to as the Clarkston District Court or the 52-2 District Court) is located at 5850 Lorac in the city of Clarkston, Michigan. The Court serves the citizens of...
Read More...
52nd 1st Division District Court in Novi
The 52nd District Court - 1st Division (which is also referred to as the Novi District Court or the 52-1 District Court) is located at 48150 Grand River Avenue  in the city of Novi, Michigan. The Court serves the citizens...
Read More...
52-3 District Court in Rochester, Michigan
The 52nd District Court - 3rd Division (which is also referred to as the Rochester Hills District Court or the 52-3 District Court) is located at 700 Barclay Circle in the city of Rochester Hills, Michigan. The Court...
Read More...
52-4 District Court in Troy, Michigan
  The 52nd District Court - 4th Division (which is also referred to as the Troy District Court or the 52-4 District Court) is located at 520 W. Big Beaver Road in the city of Troy, Michigan.  The Court serves the citizens of Troy and...
Read More...
DREAM Act Deferred Action
The DREAM Act is alive in part thanks to the Obama administration in a brave new plan.  Individuals brought to the United States as children as "illegal aliens" who meet certain requirements will not be deported or placed into...
Read More...
Bench Warrant Arraignments
There are several situations when a bench warrant is issued by a Court, leaving the Defendant with the question, "how do I turn myself in on the warrant"?   After a crime is allegedly committed, there are occasions when a police...
Read More...
Zero Tolerance Program
Zero Tolerance Program (ZTP) is a drug testing program in Oakland County which can spare a Defendant a lengthy stay in the Oakland County Jail.  Any individual convicted of a non violent felony or misdemeanor charge which allows for jail time,...
Read More...
Weekend Drunk Driving Alternative Programs in Oakland County
For persons convicted of misdemeanor drinking and driving offenses, there are several different weekend programs that are sometimes part of sentencing.  The programs are usually at a local hotel or other private facility over the course of a...
Read More...
Adult Treatment Court in Oakland County, Michigan
The Adult Treatment Court in Oakland County seeks to break the cycle of addiction that leads to criminal behavior through intense Court supervision and participation into various recovery and counseling services.  There is also a separate...
Read More...
RESULTS Drug & Alcohol Testing
For Defendants in Oakland County that are on bond or bail sentence, and Defendants who are under a misdemeanor or felony sentence in Oakland County, the Court sometimes orders drug and/or alcohol testing.  Under RESULTS, the individual is...
Read More...
Step Forward Program
In Oakland County, an individual charged or convicted of a misdemeanor or non violent felony offense is sometimes referred by the Court to the Step Forward Program. Step Forward is an array of programs for Defendants and their family which are...
Read More...
LESP - Life Employment and Skills Program
The Life Employment and Skills Program (LESP) is a program for Oakland County Jail inmates to address their criminal conduct and any substance abuse issues.  Inmates that are accepted into the program meet for 90 minutes over a period of 6...
Read More...
Pretrial Services
Pretrial Services is a unit of Oakland County Probation which screens individuals and provides reports to Judges and Magistrates in connection with setting bond or bail for criminal cases in Oakland County.  Pretrial Services is supposed to...
Read More...
Tether and Electronic Monitoring Devices
As a condition of bail, bond, or sentence a Defendant can be ordered by a Court to comply with electronic monitoring.  Electronic monitoring provides Pretrial Services, Probation, and/or Parole with an opportunity to closely supervise an...
Read More...
WWAM - Weekend & Weekday Alternative for Misdemeanants
In Oakland County, District Court Judges have the ability to sentence a individual convicted of a misdemeanor to WWAM.  WWAM is a supervised community service program in which the participant performs work for government or non profit...
Read More...
Question - Will my husband be eligible for bootcamp?
Will my husband be eligible for a bootcamp ? Loading... My husband was convicted of extortion and he got 3 to 6 years, its his first felony ever so i was wondering if he would be eligible for serving bootcamp instead of prison,...
Read More...
Question - What do I do if I filed a false police report?
What do I do if I filed a false domestic violence police report?   Loading... My boyfriend and I got into an arguement, it wasn't physical. He left and I called the police. the officer arrived, I started ranting to him about...
Read More...
Question - What is the statute of limitations for child molestation?
What is the statue of limitations in Michigan for child molestation? Loading... My step-brothers repeatly raped me from the age of 4 years old until I was 16. I have been in counseling sessions as I am now in my early 40's. I...
Read More...
Question - Do I have to testify in Court?
I was called by an officer to give a witness statement. I did. Do I have to testify in court?   Loading... The people involved are both owners at the bar where I bar tend. There was a gun involved but no one was hurt. The...
Read More...
Question - What are the consequences of contempt of Court?
What are the consequences for contempt of court in Michigan? Loading... I failed to complete a court orded weekend community service program due to probation violation for disorderly conduct. All fines are paid up to...
Read More...
Question - What does a show cause hearing mean?
What does a show cause hearing mean? Loading... I had a year probation for sub-possess/analogues. I was ordered to take drug tests for first month-every week. Had another court date where I was taken off tests. Also I was...
Read More...
Question - What are my chances of getting 7411 for a possession and paraphernalia case that happened at the same time?
What are my chances of getting 7411 for possession and paraphernalia citations at the same time? Asked 2 months ago - Grand Haven, MI CitationCriminal ChargesDrug PossessionMarijuanaPossession   Loading... I received two...
Read More...
Misdemeanor
A misdemeanor in Michigan is a violation of penal law which is not a felony, or a violation of a state agency, that is punishable by imprisonment, probation, and/or a fine.  A misdemeanor can be charged under Federal law,...
Read More...
52-4 District Court - School Related Local Ordinance Offenses
School Related Local Ordinance Offenses at the 52-4 District Court in Troy, Michigan The following is a list of School related local ordinance violations at the 52-4 District Court. There are other School related offenses that can be...
Read More...
52-4 Distrct Court - Theft and Fraud Local Ordinance Offenses
Theft and Fraud Local Ordinance Offenses at the 52-4 District Court in Troy, Michigan The following is a list of Theft and Fraud related local ordinance violations at the 52-4 District Court. There are other Theft and...
Read More...
52-4 District Court - Alcohol Local Ordinance Offenses
Alcohol Local Ordinance Offenses at the 52-4 District Court in Troy, Michigan The following is a list of Alcohol related local ordinance violations at the 52-4 District Court.  There are other alcohol related offenses that...
Read More...
52-4 District Court - Tobacco Offenses
Tobacco Local Ordinance Offenses at the 52-4 District Court in Troy, Michigan The following is a list of tobacco related local ordinance violations at the 52-4 District Court.  Contact Hilf & Hilf, PLC for help from...
Read More...
52-4 District Court - Indecent Conduct
Indecent Conduct Offenses at the 52-4 District Court in Troy, Michigan The following is a list of Indecent Conduct violations that are handled by the Troy City Attorney against individuals.  There are other Indecent...
Read More...
52-4 District Court - Malicious Destruction of Property
  Malicious Destruction of Property Offenses at the 52-4 District Court in Troy, Michigan The following is a list of Malicious Destruction of Property related violations. For Malicious Destruction of Property Cases...
Read More...
52-4 District Court - Resisting, Obstructing, Assaulting a Police Officer
98.06.01 Hinder, Obstruct or Resist Police. No person shall willfully obstruct, resist, hinder or oppose any police officer, animal control officer, communication supervisor, police service aide or any other peace officer in the legal performance...
Read More...
52-4 District Court - Disorderly Conduct
  Disorderly Conduct Offenses at the 52-4 District Court in Troy, Michigan The following is a list of Disorderly Conduct Ordinance violations that are handled by the Troy City Attorney against individuals.  For...
Read More...
52-4 District Court - Drug Offenses
  Drug Offenses at the 52-4 District Court in Troy, Michigan The following is a list of Drug Ordindance violations that are handled by the Troy City Attorney: 98.11.01 Possession or Use of Marijuana. No person shall knowingly or...
Read More...
52-4 District Court - Massage Parlors
The following are the requirements for operating a massage parlor in the city of Troy, Michigan.  For violations of this ordinance, contact Hilf & Hilf, PLC for help from experienced lawyers.   Chapter 98-A –...
Read More...
Top 10 Complaints About Court Appointed Attorneys and Public Defenders
Several years ago there was a call in Michigan and throughout the United States to reform the Court appointed attorney and public defender system.  Since the economic meltdown that resulted in a lower tax base for local, state, and Federal...
Read More...
Appeals of Criminal Cases in Michigan
  You should hire an experienced criminal defense lawyer, such as the lawyers at Hilf & Hilf, PLC, concerning any criminal appellate issues. Criminal appeals in Michigan are handled by several Courts depending upon the...
Read More...
Hunting & Fishing Violations
In Michigan it is the responsibility of every hunter and fisherman to be aware of restrictions in the law concerning hunting and fishing.  These provisions are always subject to change from season to season, and it is recommended for a...
Read More...
Welfare Fraud
In Michigan Welfare Fraud can have several possible criminal consequences:   It is a crime under MCL 400.60 for a person to make a false statement, false representation, false impersonation, or otherwise to commit a fraud (or aid and...
Read More...
Gross Indecency
Gross Indecency basically involves a sexual act between 2 or more persons in a public place, or in a location where a member of the public could have been exposed to or viewed the sexual act. Locations such as a rest stop, a public...
Read More...
Animal Fighting and Animal Cruelty
  There are a number of criminal offenses in Michigan related to Animal Fighting, Animal Neglect and Animal Cruelty. An "animal" is broadly defined by Michigan law as a vertebrate other than a human.  Hence, these...
Read More...
Polygraph Examinations
A polygraph examination (which is also known as a lie detector test) is used by law enforcement officers for a variety of reasons.  Although many studies place the accuracy of polygraph tests at around 90% if the right protocol is employed, the...
Read More...
Selling Alcohol to a Minor
In Michigan, it is illegal for any individual or store to sell or furnish alcohol to a minor.  Pursuant to MCL 436.1701 a person who knowingly sells or furnishes alcoholic liquor to a minor, or who fails to make diligent inquiry as to whether...
Read More...
Aggravated Assault
In Michigan, a person who assaults an individual without a weapon and inflicts serious or aggravated injury, without intending to commit murder or to inflict great bodily harm less than murder, can be charged with a misdemeanor offense called...
Read More...
Circuit Court for State of Michigan Cases
Circuit Courts in Michigan have jurisdiction over the following types of matters under state law: 1. Arraignments for criminal high misdemeanor and felony cases.  A Circuit Court Judge has the power to modify or revoke an...
Read More...
Can A Police Officer Arrest Me Without Evidence
 Can A Police Officer Arrest Me Without Evidence? A determination needs to be made by a police officer that there is probable cause in order to make an arrest.  Probable (or reasonable) cause for an arrest exists when the facts are...
Read More...
Should I Talk To The Police?
Should I Talk To The Police?  This is a question that I am often asked, and in most cases the answer is no. After an arrest, or during the course of an investigation, a police officer or detective will make efforts to interview any witness...
Read More...
Driving While License Suspended
Driving While License Suspended or Revoked in Michigan is a misdemeanor offense (according to MCL 257.904(3)(a)) that carries a maximum potential jail sentence of up to 93 days, and/or a possible fine of up to $500, for a first time offender...
Read More...
Drug Paraphernalia
Possession of Drug Paraphernalia in Michigan, pursuant to MCL 333.7451 and MCL 333.7455(1), is a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $5,000, or both.  Sale of Drug Paraphernalia by a...
Read More...
District Courts for State of Michigan Cases
District Courts in Michigan have jurisdiction over the following types of matters under state and local law: 1.     Arraignments and setting of bond for criminal misdemeanor and felony cases, the acceptance of...
Read More...
Extradition to Michigan
Hiring a criminal defense attorney for legal representation for yourself, a family member, or a friend for a criminal arrest or criminal allegation sometimes is very difficult, especially when extradition occurs.  Although a...
Read More...
Statute of Limitations for Criminal Cases in Michigan
     The Statute of Limitations in Michigan for criminal cases is governed by MCL 767.24, unless the specific crime contains its own limitations period. The statute of limitations is a nonjurisdictional, waivable...
Read More...
Failure to Stop at an Accident
In Michigan, pursuant to Michigan Compiled Law 257.617, the driver of a vehicle who knows or who has reason to believe that he or she has been involved in an accident upon public or private property that is open to travel by the public shall...
Read More...
Assault With Intent to Do Great Bodily Harm Less than Murder
  Assault with Intent to Do Great Bodily Harm Less than Murder (also known as Assault GBH) is a felony criminal offense in Michigan according to Michigan Compiled Law 750.84. Assault GBH carries a potential punishment of up to 10 years in...
Read More...
Top 50 Felony Offenses in Michigan
An article in the March 2012 Michigan Bar Journal, authored by retired Circuit Court Judge John Hammond, listed the 50 most frequently occurring felony offenses in Michigan.  They are listed in order from the most common to the least common,...
Read More...
Top 25 Felony Offenses in Michigan
An article in the March 2012 Michigan Bar Journal, authored by retired Circuit Court Judge John Hammond, listed the most frequently occurring felony offenses in Michigan.  The Top 25 Felony Offenses are as follows:   1. Possession of...
Read More...
Top 10 Felony Offenses in Michigan
An article in the March 2012 Michigan Bar Journal, authored by retired Circuit Court Judge John Hammond, listed the most frequently occurring felony offenses in Michigan.  The Top 10 Felony Offenses are as follows:   1. ...
Read More...
Top Ten Felonies
An article in the March 2012 Michigan Bar Journal, authored by retired Circuit Court Judge John Hammond, listed the most frequently occurring felony offenses in Michigan. The Top 10 Felony Offenses are as follows:   1. Possession of a...
Read More...
Top Fifty Felonies
An article in the March 2012 Michigan Bar Journal, authored by retired Circuit Court Judge John Hammond, listed the 50 most frequently occurring felony offenses in Michigan. They are listed in order from the most common to the least common,...
Read More...
Top Twenty Five Felonies
An article in the March 2012 Michigan Bar Journal, authored by retired Circuit Court Judge John Hammond, listed the most frequently occurring felony offenses in Michigan. The Top 25 Felony Offenses are as follows:   1. Possession of a...
Read More...
Child Abuse in the First Degree
In Michigan there are 4 specific criminal allegations that constitute Child Abuse: Child Abuse in the First Degree - MCL 750.136b(2) - occurs when an individual knowingly or intentionally causes serious physical or serious mental harm to a...
Read More...
Child Abuse in the Second Degree
In Michigan there are 4 specific criminal allegations that constitute Child Abuse: Child Abuse in the First Degree - MCL 750.136b(2) - occurs when an individual knowingly or intentionally causes serious physical or serious mental harm to a child....
Read More...
Child Abuse in the Third Degree
In Michigan there are 4 specific criminal allegations that constitute Child Abuse: Child Abuse in the First Degree - MCL 750.136b(2) - occurs when an individual knowingly or intentionally causes serious physical or serious mental harm to a child....
Read More...
Child Abuse in the Fourth Degree
In Michigan there are 4 specific criminal allegations that constitute Child Abuse: Child Abuse in the First Degree - MCL 750.136b(2) - occurs when an individual knowingly or intentionally causes serious physical or serious mental harm to a child....
Read More...
Syria - Temporary Protected Status Designated for Syrians
Syrian nationals residing in the United States may begin the application process to remain in the United States due to the violent, deteriorating situation in the country of Syria.  As of March 29, 2012, eligible Syrian nationals (and...
Read More...
Attorney for Crime Victims
  In many instances a victim pursues a criminal case with vigor and determination to receive justice, and will stop at nothing to have his or her position heard and advanced.  In Michigan a victim has an absolute right...
Read More...
Financial Transaction Device - Unlawful Sale, Use, or Possession.
  In Michigan there are several crimes related to credit card fraud, debit card fraud, and gift card fraud or point of sale fraud that are commonly prosecuted.  The above mentioned items are also...
Read More...
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...
Read More...
Identity Theft
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...
Read More...
Top 10 Ways to Afford a Criminal Lawyer
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...
Read More...
Top Ways to Afford an Immigration Lawyer
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...
Read More...
Top Ways to Afford an Immigration Lawyer
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...
Read More...
Possible Criminal Defenses
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...
Read More...
Michigan Statute of Limitations
The Statute of Limitations in Michigan is governed by MCL 767.24, unless the specific crime contains its own limitations period. The statute of limitations is a nonjurisdictional, waivable affirmative defense.  This blog contains general...
Read More...
Indecent Exposure and Sexual Delinquency
Indecent exposure in Michigan is unlawful pursuant to MCL 750.335a which states that a person is prohibited from making an open or indecent exposure of himself or herself or of another person.  For first time offenses, which do not involve...
Read More...
Prostitution
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,...
Read More...
Extortion
  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...
Read More...
Child Sexually Abusive Activity
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,...
Read More...
Criminal Sexual Conduct Fourth Degree
Criminal Sexual Conduct in the Fourth Degree (MCL 750.520e), also known as CSC 4th Degree, is a very serious charge in Michigan. Criminal Sexual Conduct in the Fourth Degree always involves some form of sexual contact. The...
Read More...
Criminal Sexual Conduct Second Degree
Criminal Sexual Conduct in the Second Degree (MCL 750.520c(1)), also known as CSC 2nd Degree, is a very serious charge in Michigan. Criminal Sexual Conduct in the Second Degree always involves some form of sexual contact....
Read More...
Criminal Sexual Conduct First Degree
  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...
Read More...
Forfeiture
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,...
Read More...
How a Retail Fraud Conviction Could Impact a United States Permanent Resident
  Retail fraud is classified as a crime involving moral turpitude under United States immigration law. As a permanent resident in the United States, when you have a conviction of retail fraud, your immigration status will possibly...
Read More...
Breaking and Entering a Building with Intent
Breaking or Breaking and Entering (B & E) involving theft or assault are treated very seriously in Michigan Courts.  Respecting the property of others, and the notion that a person's home is their castle, are rules that...
Read More...
Operating While Impaired
Drunk driving in Michigan is sometimes referred to as Operating While Impaired, OWI, Operating Under the Influence, OUIL, Driving While Impaired, Driving While Intoxicated, DWI, Driving Under the Influence, DUI, Impaired Driving, Unlawful...
Read More...
Operating While Intoxicated
Drunk driving in Michigan is sometimes referred to as Operating While Impaired, OWI, Operating Under the Influence, OUIL, Driving While Impaired, Driving While Intoxicated, DWI, Driving Under the Influence, DUI, Impaired Driving, Unlawful...
Read More...
Non Sufficient Funds Check - NSF Checks
    For the offense of Nonsufficient Funds (NSF) Check, the Prosecution must prove the following elements beyond a reasonable doubt: 1) That on a particular date the Defendant wrote or delivered a check, draft, or money order...
Read More...
Arson of a Dwelling House
When a fire occurs, the law assumes that it had a natural or accidental cause unless the Prosecution can prove beyond a reasonable doubt that the fire was set intentionally.   Arson of a Dwelling House is a 20 year maximum felony under...
Read More...
Arson of Personal Property
When a fire occurs, the law assumes that it had a natural or accidental cause unless the Prosecution can prove beyond a reasonable doubt that the fire was set intentionally.   Arson of a Dwelling House is a 20 year maximum felony under...
Read More...
Unlawful Driving Away of an Automobile - UDAA
There are a number of different criminal offenses related to the stealing or unlawful use of an automobile in Michigan.  If charged with one of these offenses, you should seek the help of an experienced criminal defense...
Read More...
Unlawful Use of an Automobile
There are a number of different criminal offenses related to the stealing or unlawful use of an automobile in Michigan.  If charged with one of these offenses, you should seek the help of an experienced criminal defense...
Read More...
Perjury
Perjury in Michigan is treated as a serious offense because it attacks the integrity of the judicial system. Without question persons have been falsely convicted and imprisoned on the basis of lies and deceit, and providing an effective...
Read More...
Filing a False Police Report
Filing a False Police Report is also known as a False Report of a Felony, or a False Report of a Misdemeanor, depending upon the circumstances of the alleged offense.  A False Report of a Felony is a 4 year felony pursuant to MCL...
Read More...
Carjacking
  Carjacking is a life offense in Michigan.  The Prosecution has the burden of proving beyond a reasonable doubt that: 1) the Defendant used force or violence against the victim, or put the victim in fear 2) the Defendant did so...
Read More...
Delivery of Marijuana
Delivery or Manufacture of Marijuana in Michigan is a 4 year felony. This includes less than 5 kilograms of marijuana or 20 Plants of Marijuana. Delivery or Manufacture of more than 5 kilograms but less than 45 kilograms of...
Read More...
Manufacture or Delivery of Marijuana
Delivery or Manufacture of Marijuana in Michigan is a 4 year felony. This includes less than 5 kilograms of marijuana or 20 Plants of Marijuana. Delivery or Manufacture of more than 5 kilograms but less than 45 kilograms of...
Read More...
Possession of Marijuana
Delivery or Manufacture of Marijuana in Michigan is a 4 year felony. This includes less than 5 kilograms of marijuana or 20 Plants of Marijuana. Delivery or Manufacture of more than 5 kilograms but less than 45 kilograms of...
Read More...
First Degree Murder
There are 3 main murder charges in Michigan: First Degree Murder (also known as premeditated murder); Felony Murder; and Second Degree Murder. First Degree Murder and Felony Murder both carry as punishment life in prison without...
Read More...
Second Degree Murder
There are 3 main murder charges in Michigan: First Degree Murder (also known as premeditated murder); Felony Murder; and Second Degree Murder. First Degree Murder and Felony Murder both carry as punishment life in prison without...
Read More...
Felony Murder
There are 3 main murder charges in Michigan: First Degree Murder (also known as premeditated murder); Felony Murder; and Second Degree Murder. First Degree Murder and Felony Murder both carry as punishment life in prison without...
Read More...
Voluntary Manslaughter
Lessor offenses to Murder include: Voluntary Manslaughter (a 15 year maximum felony); and involuntary Manslaughter. Murder can be reduced to Voluntary Manslaughter if the Defendant acted out of passion or anger brought about by adequate cause...
Read More...
Involuntary Manslaughter
Lessor offenses to Murder include: Voluntary Manslaughter (a 15 year maximum felony); and involuntary Manslaughter. Murder can be reduced to Voluntary Manslaughter if the Defendant acted out of passion or anger brought about by adequate cause...
Read More...
Armed Robbery
In Michigan, there are several offenses which can constitute Robbery, including: Armed Robbery; Unarmed Robbery;  Assault with Intent to Rob while Armed; Assault with Intent to Rob while Unarmed; Carjacking; Bank, Safe, and Vault...
Read More...
Unarmed Robbery
In Michigan, there are several offenses which can constitute Robbery, including: Armed Robbery; Unarmed Robbery;  Assault with Intent to Rob while Armed; Assault with Intent to Rob while Unarmed; Carjacking; Bank, Safe, and Vault...
Read More...
Uttering and Publishing
There are a lot of different "paper crimes" in Michigan, which carry different potential punishments depending upon the circumstances.   Forgery and Uttering and Publishing are two of the most common paper crimes charged in...
Read More...
Larceny from the Person
Larceny from the Person (MCL 750.357), which is also known as Larceny from a Person, is alleged when an individual is accused of stealing from the person of another.   Larceny from the Person is a felony, punishable by imprisonment...
Read More...
Larceny from a Motor Vehicle
  Larceny from a Motor Vehicle (MCL 750.356a(1)) in Michigan is a 5 year felony. A person who commits larceny by stealing or unlawfully removing or taking any wheel, tire, air bag, catalytic converter, radio, stereo, clock, telephone,...
Read More...
Larceny in a Building
  Larceny in a Building (MCL 750.360) is a 4 year maximum felony offense. Any person who shall commit the crime of larceny by stealing in any dwelling house, house trailer, office, store, gasoline service station, shop, warehouse, mill,...
Read More...
Reckless Driving
Reckless Driving in Michigan is viewed as a criminal offense. According to MCL 257.626 “…a person who operates a vehicle upon a highway or frozen public lake, stream, or pond or other place open to the general public, including,...
Read More...
Careless Driving
Reckless Driving in Michigan is viewed as a criminal offense. According to MCL 257.626 “…a person who operates a vehicle upon a highway or frozen public lake, stream, or pond or other place open to the general public,...
Read More...
Attempted Murder
Attempted Murder in Michigan carries a maximum possible penalty of life in prison.  According to Michigan Compiled Law 750.91 - "any person who shall attempt to commit the crime of murder by poisoning, drowning, or strangling another...
Read More...
Types of Assault
The maximum punishment for assaultive offenses in Michigan is determined by our state law. The law takes into consideration the type of injury received by the victim, the severity of the injury, the intent of the perpetrator, the...
Read More...
Drinking and Driving Cases
Drunk driving in Michigan is sometimes referred to as Operating While Impaired, OWI, Operating Under the Influence, OUIL, Driving While Impaired, Driving While Intoxicated, DWI, Driving Under the Influence, DUI, Impaired Driving, Unlawful Blood...
Read More...
Perjury, Tampering with Evidence, Witness Intimidation, and Filing a False Police Report
Perjury in Michigan is treated as a serious offense because it attacks the integrity of the judicial system. Without question persons have been falsely convicted and imprisoned on the basis of lies and deceit, and providing an effective...
Read More...
Felonious Assault
Felonious Assault in Michigan, which is also known as Assault with a Dangerous Weapon (or Assault with a Deadly Weapon), is a 4 year maximum penalty felony offense. To prove Felonious Assault, the prosecution must prove all of the following...
Read More...
Local Ordinance Tickets
Ordinance violations in Michigan are misdemeanor criminal or civil law infractions enacted by a city, township, or village. These matters are prosecuted by an attorney or by a law firm hired by the city, township, or village where the offense...
Read More...
Cobbs Agreement, Plea Bargain, Sentence Bargain
Cobbs agreements, plea bargains, and sentence bargains defined and explained for Michigan cases.
Read More...
The Politics of Immigration
Given that we are a nation of immigrations, why is there so much hostility towards immigrants in the United States?  Immigrants are, by and large, hard working, family oriented, God fearing persons who seek liberty and opportunity. The...
Read More...
The Motivation To Lie - A Criminal Law Perspective
The Motivation to Lie – a Criminal Law Perspective by Daniel Hilf of Hilf & Hilf, PLC I have listed below 10 different lies I have encountered in my practice as a criminal defense lawyer, with an example when...
Read More...
Murder - First Degree Murder, Second Degree Murder, Felony Murder, Voluntary Manslaughter, Involuntary Manslaughter
There are 3 main murder charges in Michigan: First Degree Murder (also known as premeditated murder); Felony Murder; and Second Degree Murder. First Degree Murder and Felony Murder both carry as punishment life in prison without...
Read More...
Solicitation
Solicitation in Michigan can be applied to a number of offenses, more commonly including solicitation to commit murder and sex offenses including prostitution. Solicitation can be a felony of a misdemeanor depending upon the facts of the...
Read More...
Conspiracy in Michigan
Conspiracy is an agreement between 2 or more persons to commit a particular crime. To prove guilt beyond a reasonable doubt the prosecution must establish the conspiracy beyond a reasonable doubt. An agreement is the coming together or...
Read More...
Weird Criminal Law Statistics
  Weird Criminal Law Statistics, compiled by Daniel Hilf, Esq. DISCLAIMER - A lawyer friend of mine shared with me the wisdom that this person learned over the years of their legal practice. The listed statistics are not...
Read More...
Self Defense
Self Defense is an effective defense to criminal charges in Michigan under the right circumstances. The Prosecution has the sole burden to prove beyond a reasonable doubt that the individual accused of a crime did not act in self...
Read More...
Duress as a Criminal Defense.
Duress in Michigan is a common-law affirmative defense that applies to situations where the crime committed avoids a greater harm.  People v Lemons, 454 Mich 234, 245-246; 562 NW2d 447 (1997). “[F]or reasons of social policy, it is...
Read More...
Alibi Criminal Defense
Alibi essentially is a claim made by a Defendant that he or she was somewhere else when a crime that he or she was accused of occurred.  The Prosecution has the burden of proving beyond a reasonable doubt that the Defendant was actually...
Read More...
Deviation from the Michigan Sentencing Guidelines - Downward Departure
  In some cases, a Defendant facing sentencing in Michigan must hope that the sentencing Judge will decide to deviate from the existing sentence guideline range to avoid incarceration.  If the Judge chooses to depart from the sentence...
Read More...
Carrying a Concealed Weapon - CCW
Carrying a Concealed Weapon (CCW) is a felony in Michigan that carries a maximum punishment of 5 years in prison or a $2500 fine. If charged with Carrying a Concealed Weapon, the prosecutor must prove beyond a reasonable doubt that: 1) ...
Read More...
Fleeing and Eluding
Fleeing and Eluding in Michigan involves an accusation that an individual disobeyed a visual signal (for example, overhead lights, a hand sign, etc.) or audible signal (for example, a siren, a verbal command, etc.) given by a police...
Read More...
Retail Fraud
Retail Fraud (also known as shoplifting) can have serious implications on an individual's reputation, employment or career, ability to get school loans or attend school, and immigration status (for persons that are not citizens).  There is...
Read More...
Resisting and Obstructing Police
Resisting and Obstructing Police (R & O) can be charged as a 90 day local ordinance violation, a 1 year misdemeanor (pursuant to MCL 324.1608), or a felony (pursuant to MCL 750.479 or MCL 750.81d).  What constitutes Resisting and...
Read More...
Drug Offenses in Michigan
Drug offenses in Michigan can be prosecuted by State prosecutors, cities, or in Federal Court. This blog does not address Federal drug charges.  The basic elements of the crime of possession of a controlled substance...
Read More...
Embezzlement
Embezzlement usually involves the theft or misappropriation of money or property from an employer or entity for which the Defendant worked, volunteered, or otherwise had a relationship with. Embezzlement can occur when a cashier pockets money...
Read More...
Aiding and Abetting, Accessory After the Fact, and Attempted Offenses
Aiding and Abetting means all words or actions by an individual which may support, encourage, or incite the commission of a crime. In Michigan, an aider and abettor is just as liable for as the principal individual engaging in the criminal...
Read More...
Asylum - Potential Questions that Could Be Asked at an Asylum Interview or Trial
The following is a sample of some (but possibly not all) of the potential questions that may be asked during an asylum interview, or during a trial concerning asylum or withholding of removal. Some of these questions may not be asked due to...
Read More...
Automobile Theft Related Criminal Offenses
There are a number of different criminal offenses related to the stealing or unlawful use of an automobile in Michigan.  If charged with one of these offenses, you should seek the help of an experienced criminal defense attorney. Unlawfully...
Read More...
Breaking and Entering Related Offenses
Breaking, Breaking and Entry (B & E), and Business and Home Related Larceny offenses such as Breaking and Entry of a Building, 1st Degree Home Invasion, 2nd Degree Home Invasion, 3rd Degree Home Invasion, Illegal Entry (Entry without Permission), Breaking and Entry of a Motor Vehicle, Breaking and Entry of a Coin Operated Device, Safe Breaking, and Possession of Burglar's Tools are all serious crimes in Michigan that require experienced criminal defense legal representation.
Read More...
Proving Asylum Cases at Immigration Court
Asylum in the United States. What needs to be proven to gain asylum, and how to prove your asylum case before an Immigration Judge or asylum hearing officer.
Read More...
Fraudulent and Bad Check Cases: Uttering and Publishing; Forgery; Non sufficient Funds Check; No Account Check
There are a lot of different "paper crimes" in Michigan, which carry different potential punishments depending upon the circumstances.       Fraudulent Check Cases  Forgery in Michigan is a felony that carries a...
Read More...
Discrimination Related Offenses
Ethnic Intimidation, under Michigan Compiled Law 750.147b, is a 2 year maximum felony offense in the State of Michigan.  To prove this offense, the Prosecutor would have to prove beyond a reasonable doubt the following: 1) The Defendant...
Read More...
Arson
When a fire occurs, the law assumes that it had a natural or accidental cause unless the Prosecution can prove beyond a reasonable doubt that the fire was set intentionally.   Arson of a Dwelling House is a 20 year maximum felony under...
Read More...
Malicious Destruction of Property
Malicious Destruction of Property can involve personal property such as a car, a building (or a permanent attachment to a building), tomb, memorial, a school bus, fire or police department property, mine property, trees, plants, turf, bridges,...
Read More...
Robbery in Michigan
Armed Robbery; Unarmed Robbery; Assault with Intent to Rob while Armed; Assault with Intent to Rob while Unarmed; Carjacking; Bank, Safe, and Vault Robbery; Home Invasion. All of these offenses are felonies in Michigan, and require the assistance of an experienced criminal defense lawyer.
Read More...
Contempt of Court
Contempt of Court is a willful act, omission, or statement that tends to impair the authority or impede the functioning of a Court.  There are 3 types of sanctions:   1) Criminal Contempt - Criminal Contempt is intended to preserve the...
Read More...
Felony Firearm
Felony Firearm - Use of a Firearm in the Commission of a Felony - in Michigan carries a flat, consecutive 2, 5, or 10 year prison sentence depending upon the Defendant's prior criminal history. Obtaining an experienced Criminal Defense Attorney is strongly recommended. A Criminal Lawyer can explore all defense and sentence options to try to avoid prison.
Read More...
Sex Offenses In Michigan
    There are many different sex crimes and sex related offenses in Michigan, all of which require expert legal advice and representation.  The penalties are severe, and can include prison, sex offender registration, and lifetime...
Read More...
Expungement of a Criminal Conviction in Michigan
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...
Read More...
Minor In Possession of Alcohol (MIP) in Michigan
Discussion of Minor In Possession of Alcohol and Zero Tolerance laws in Michigan, and the possible consequences.
Read More...
Personal Protection Orders - PPOs - in Michigan
Personal Protection Orders in Michigan: Domestic Relationship PPOs, Stalking PPOs, Sexual Assault PPOs.
Read More...
Domestic Violence Allegations in Michigan
Domestic violence laws in Michigan, potential relief from conviction, and possible consequences.
Read More...
Home Invasion in Michigan - Basic Information
Information concerning Home Invasion in Michigan, and how proper legal representation can lead to the best possible outcome.
Read More...
Student Visas - Basic Information
Basic information concerning F, J, and M visas for foreign students.
Read More...
Failure To Pay Child Support in Michigan - The Potential Consequences
The possible criminal and personal consequences of failing to pay child support in Michigan.
Read More...
Child Neglect and Child Abuse Cases in Michigan - Your Parental Rights
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...
Read More...
Removal Proceedings - Your Rights at Immigration Court
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...
Read More...
Immigration Benefits for Crime Victims
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:   1. VAWA (Violence Against Women Act), a...
Read More...
Top 5 Ways People Get Placed into Immigration Removal Proceedings
Top 5 Ways People Get Placed into Immigration Removal Proceedings:   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...
Read More...
Michigan Sex Offender Registration Act - What You Need To Know
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...
Read More...
Removal Proceedings - Pre-hearing Motions to Consider
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...
Read More...
True Criminal Defense - Armed Robbery with a Duress Defense
Real and true description of an Armed Robbery trial that I defended many years ago in Oakland County, Michigan.
Read More...
True Criminal Defense - A False Allegation of Rape And An Embarrassment to Justice
An accurate and truthful description of a rape charge I defended several years ago as a lawyer.
Read More...
Victim Impact Panel for Drunk Driving Offenses
A description of what a Victim Impact Panel is.
Read More...
EB-5 Investor Green Cards - Important Questions for the Regional Center
Questions that every EB-5 investor should ask the Regional Center prior to investing their money.
Read More...
Immigration - Different Forms of Discretionary Relief From Removal
Once an alien is found to be removable, their are different forms of immigration relief that are possibly available.
Read More...
Immigration Consequences for Criminal Drug or Controlled Substance Violations
A description of the impact of drug offenses on an alien's ability to return or remain in the United States
Read More...
The Jury Selection Process in Michigan Courts
The jury selection process and strategic reasons behind the composition of a jury in Michigan criminal trials
Read More...
EB-2 National Interest Waivers for Entrepreneurs
Entrepreneurs may obtain an EB-2 immigrant visa if they satisfy the existing requirements.  The EB-2 visa classification includes alien workers that have advanced degrees, and also aliens with an exceptional ability in the arts, sciences,...
Read More...
Michigan Sentencing Guidelines
How to apply sentencing guidelines in State of Michigan criminal matters
Read More...
Criminal Sentencing Advice in Michigan Courts - Speaking and Presenting Yourself in Court
What to say and do when you appear for sentencing at Court. What NOT to say and do when you are about to be sentenced.
Read More...
Restitution in Criminal Cases in Michigan
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...
Read More...
Immigration Priority Dates and Preference Classes
The priority date is the date when the paperwork for permanent residence is originally filed with the government.  For employment based immigration it is the date that the labor certification is filed with the Department of Labor. For family...
Read More...
Probation - Types of Probation Supervision in Michigan
Different methods of monitoring probationers by Probation Departments in Michigan
Read More...
Probation and Possible Probationary Sentence Conditions in Michigan
Possible conditions of probation and that a Court can impose, and related sentencing issues.
Read More...
Obtaining a Green Card for your Fiance
The steps in the process of helping foreign born fiance obtain lawful permanent residence and citizenship through marriage to a United States Citizen
Read More...
Holmes Youthful Trainee Act (HYTA)
Holmes Youthful Trainee Act (HYTA) status. The benefits and requirements of HYTA in Michigan.
Read More...
Green Card versus Citizenship
The benefits of citizenship over green card status. The naturalization application process and citizenship test.
Read More...
Michigan Criminal Law Dictionary
Criminal Law Dictionary for cases in Michigan Circuit Court, District Court, and Municipal Court.
Read More...
Substance Abuse Assessments in Michigan Criminal Cases
In Michigan Courts, substance abuse assessments often are ordered by Circuit Court and District Court Judges prior to sentencing a Defendant.  The assements usually consist of interviews, drug testing, and diagnostic...
Read More...
EB-5 Investor Program - What You Need To Know
EB-5 program description and the steps in the process for the foreign investor and his or her family
Read More...
Traffic Ticket Defense
A brief explanation of traffic tickets and how to get the best possible result.
Read More...
PERM - the Path to a Green Card via Employer Sponsored Labor Certification Through PERM
The three steps in the green card process for alien workers through employer sponsorship
Read More...
Obtaining Asylum in the United States
Important information about obtaining Asylum in the United States.
Read More...
Increase In Deportations
The United States deported 393,000 people last fiscal year according to an associated press article published on July 22, 2011.  Of the persons deported, half were for criminal offenses including drunk driving.  The number of drunk...
Read More...
Deportation Info
An explanation of the reasons for deportation, and the related Immigration Court proceedings.
Read More...
Michigan Department of Corrections SAI Prisoner Boot Camp
Qualifications and benefits of the MDOC SAI Prisoner Boot Camp
Read More...
Marriage Based Immigration Interviews
How to prepare for a marriage based immigration interview
Read More...
Preparing for an Immigration Interview
Immigration hearing advice from an immigration lawyer
Read More...
Why Should I Hire An Immigration Attorney
Essential information to consider before hiring an immigration attorney
Read More...
Criminal Sentencing Options in Michigan
The sentencing Judge has options regarding sentencing which can ultimately effect the duration of the amount of incarceration a Defendant may face: 1) Holmes Youthful Trainee Act (HYTA) - if the Defendant qualifies for HYTA (he/she has to be...
Read More...
Why Should I Retain A Criminal Defense Attorney?
Essential information to consider before hiring a lawyer to represent you
Read More...
Probation Violations - Obtaining Favorable Results
Probation violation advice from an experienced criminal defense lawyer
Read More...
Preliminary Examinations in Michigan - the decision to hold or waive.
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...
Read More...
Testifying In Court Regarding Criminal Allegations
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...
Read More...
Obtaining Bail or Bond in Michigan Criminal Cases
How bail or bond is decided in the state of Michigan
Read More...