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Felonious Assault
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12/12/2011
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 elements beyond a reasonable doubt:
First, the Defendant either attempted to commit a battery upon the complaining witness or did an act that would cause a reasonable person to fear or apprehend an immediate battery. A battery is a forceful or violent touching of the person or something closely connected with the person.
Second, the Defendant intended either to injure the complaining witness or make the complaining witness reasonably fear an immediate battery.
Third, at the time, the Defendant had the ability to commit a battery, appeared to have the ability, or thought that he or she had the ability.
Fourth, the Defendant committed the assault with a dangerous weapon.
A Dangerous weapon is any object that is used in a way that is likely to cause serious physical injury or death. Some objects, such as guns or bombs, are dangerous because they are specifically designed to be dangerous. Other objects are designed for peaceful purposes but may be used as dangerous weapons (for example, steak knives, baseball bats, automobiles). The way an object is used or intended to be used in an assault determines whether or not it is a dangerous weapon. If an object is used in a way that is likely to cause serious physical injury or death, it is a dangerous weapon.
When a Felonious Assault involves a firearm, often the prosecution will charge the offense of Felony Firearm, which is also known as Use of a Firearm in the Commission of a Felony. A first offense Felony Firearm conviction carries a mandatory penalty upon conviction of 2 years in prison consecutive to any other charge, unless the Defendant is 20 years of age or less and receives Holmes Youthful Trainee Act status (read my blog concerning HYTA – Holmes Youthful Trainee Act, for more information concerning HYTA).
At trial there are many defenses to Felonious Assault that can be contemplated, such as (but not limited to) the following: reasonable doubt, identity of the perpetrator, the complaining witness is untruthful, lack of intent, consent or mutual affray, self defense, and/or the object in question was not a dangerous weapon. It is important to hire an experienced criminal defense lawyer, such as the lawyers at Hilf & Hilf, PLC, if you can afford to do so. An experienced lawyer in many cases will demand a preliminary examination at the District Court to challenge the evidence of the crime of Felonious Assault submitted by the Prosecution. If the case is bound over to the Circuit Court, the Criminal Defense Lawyer can use the transcript from the preliminary examination to pursue an acquittal or a just resolution short of trial. At trial, an experienced lawyer will fight for the client to receive a not guilty verdict or a lesser charge depending upon the circumstances. A conviction for Felonious Assault can have many life changing consequences: it can affect an individual’s freedom, his or her relationship with their family, career, education, and/or ability to lawfully maintain firearms and a concealed weapons permit. The penalty is too harsh to rely upon the services of a legal novice, or a lawyer that does not regularly practice criminal defense.
Sometimes in life you only have 1 opportunity to get 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 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. Contact us today.
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5/18/2012
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...
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5/18/12
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 –...
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Posted: 05/15/2012
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...
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5/13/2012
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...
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Posted: 05/11/2012
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...
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Posted: 05/10/2012
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...
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Posted: 05/08/2012
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...
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Posted: 05/02/2012
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...
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Posted: 04/29/2012
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...
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Posted: 04/24/2012
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...
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Posted: 04/23/2012
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...
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4/22/2012
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...
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4/19/2012
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...
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4/18/2012
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...
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4/11/2012
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...
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4/10/2012
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...
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4/9/2012
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...
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4/7/2012
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...
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4/6/2012
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...
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4/5/2012
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...
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4/4/2012
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...
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Posted: 03/29/2012
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,...
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Posted: 03/29/2012
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...
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Posted: 03/29/2012
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. ...
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Posted: 03/29/2012
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...
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Posted: 03/29/2012
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,...
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Posted: 03/29/2012
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...
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Posted: 03/29/2012
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...
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Posted: 03/29/2012
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....
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Posted: 03/29/2012
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....
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Posted: 03/29/2012
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....
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3/29/2012
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...
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Posted: 03/28/2012
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...
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Posted: 03/26/2012
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...
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3/21/2012
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...
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3/20/2012
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...
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Posted: 03/19/2012
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...
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Posted: 03/19/2012
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...
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Posted: 03/19/2012
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...
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Posted: 03/16/2012
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...
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3/16/2012
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...
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3/14/2012
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...
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3/13/2012
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,...
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3/12/2012
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...
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3/12/2012
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,...
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3/11/2012
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...
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3/10/2012
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....
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3/7/2012
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...
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3/4/2012
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...
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2/28/2012
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,...
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2/23/2012
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...
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Posted: 02/22/2012
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...
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Posted: 02/22/2012
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...
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Posted: 02/22/2012
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...
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2/18/2012
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...
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2/15/2012
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...
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2/15/2012
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...
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2-15-2012
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...
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2/15/2012
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...
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2/15/2012
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...
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2/15/2012
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...
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2/15/2012
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...
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2/15/2012
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...
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2/15/2012
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...
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2/15/2012
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...
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2/14/2012
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...
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2/14/2012
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...
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2/14/2012
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...
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2/14/2012
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...
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2/14/2012
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...
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2/9/2012
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...
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2/9/2012
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...
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2/6/2012
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...
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2/5/2012
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...
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2/5/2012
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,...
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2/5/2102
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,...
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1/31/2012
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,...
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4/5/2012
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,...
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1/25/2012
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...
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1/25/2012
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...
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1/10/2012
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...
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Posted: 12/19/2011
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...
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12/10/2011
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...
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12/6/2011
Cobbs agreements, plea bargains, and sentence bargains defined and explained for Michigan cases.
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11/30/2011
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...
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11/28/2011
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...
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11/27/2011
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...
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11/21/2011
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...
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11/20/2011
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...
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11/20/2011
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...
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11/14/2011
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...
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11/7/2011
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...
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11/7/2011
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...
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11/2/2011
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...
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11/1/2011
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) ...
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10/26/2011
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...
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10/24/2011
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...
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10/19/2011
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...
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10/17/2011
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...
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10/12/2011
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...
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10/10/2011
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...
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10/7/2011
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...
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10/4/2011
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...
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10/2/2011
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.
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9/30/2011
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.
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9/21/2011
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...
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9/20/2011
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...
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9/19/2011
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...
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9/16/2011
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,...
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9/14/2011
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.
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9/13/2011
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...
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9/12/2011
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.
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9/10/11
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...
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9/9/2011
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...
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9/7/2011
Discussion of Minor In Possession of Alcohol and Zero Tolerance laws in Michigan, and the possible consequences.
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9/6/2011
Personal Protection Orders in Michigan: Domestic Relationship PPOs, Stalking PPOs, Sexual Assault PPOs.
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9/5/2011
Domestic violence laws in Michigan, potential relief from conviction, and possible consequences.
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8/31/2011
Information concerning Home Invasion in Michigan, and how proper legal representation can lead to the best possible outcome.
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8/30/2011
Basic information concerning F, J, and M visas for foreign students.
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8/26/2011
The possible criminal and personal consequences of failing to pay child support in Michigan.
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8/24/2011
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...
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8/23/2011
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...
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8/22/2011
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...
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8/22/2011
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...
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8/17/2011
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...
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8/16/2011
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...
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8/13/2011
Real and true description of an Armed Robbery trial that I defended many years ago in Oakland County, Michigan.
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8/13/2011
An accurate and truthful description of a rape charge I defended several years ago as a lawyer.
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8/13/2011
A description of what a Victim Impact Panel is.
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8/11/2011
Questions that every EB-5 investor should ask the Regional Center prior to investing their money.
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8/11/2011
Once an alien is found to be removable, their are different forms of immigration relief that are possibly available.
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8/9/2011
A description of the impact of drug offenses on an alien's ability to return or remain in the United States
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8/8/2011
The jury selection process and strategic reasons behind the composition of a jury in Michigan criminal trials
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8/7/2011
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,...
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8/6/2011
How to apply sentencing guidelines in State of Michigan criminal matters
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8/5/2011
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.
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8/4/2011
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...
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8/3/2011
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...
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8/2/2011
Different methods of monitoring probationers by Probation Departments in Michigan
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8/1/2011
Possible conditions of probation and that a Court can impose, and related sentencing issues.
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8/1/2011
The steps in the process of helping foreign born fiance obtain lawful permanent residence and citizenship through marriage to a United States Citizen
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7/31/2011
Holmes Youthful Trainee Act (HYTA) status. The benefits and requirements of HYTA in Michigan.
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7/29/2011
The benefits of citizenship over green card status. The naturalization application process and citizenship test.
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8/7/2011
Criminal Law Dictionary for cases in Michigan Circuit Court, District Court, and Municipal Court.
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Posted: 07/28/2011
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...
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7/27/2011
EB-5 program description and the steps in the process for the foreign investor and his or her family
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7/26/2011
A brief explanation of traffic tickets and how to get the best possible result.
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7/25/2011
The three steps in the green card process for alien workers through employer sponsorship
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9/30/2011
Important information about obtaining Asylum in the United States.
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July 22, 2011
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...
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7/21/2011
An explanation of the reasons for deportation, and the related Immigration Court proceedings.
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3/20/2012
Qualifications and benefits of the MDOC SAI Prisoner Boot Camp
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7/19/2011
How to prepare for a marriage based immigration interview
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July 15, 2011
Immigration hearing advice from an immigration lawyer
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Jully 13, 2011
Essential information to consider before hiring an immigration attorney
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July 11, 2011
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...
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July 11, 2011
Essential information to consider before hiring a lawyer to represent you
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July 11, 2011
Probation violation advice from an experienced criminal defense lawyer
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July 11, 2011
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...
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July 11, 2011
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...
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July 11, 2011
How bail or bond is decided in the state of Michigan
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