Misdemeanor Lawyer Auburn Hills MI
Hilf & Hilf, PLC attorney Daniel Hilf has a reputation for providing effective representation for those in Auburn Hills who have been charged by city of Auburn Hills, Oakland County Prosecutor's Office, or the Attorney General's office with misdemeanor offenses. Criminal charges have a large personal toll, costing individuals freedom, employment, educational opportunities, good reputations, and the best possible future. When you receive notification of a criminal charge against you, it becomes urgent to receive the best advice and proper representation, in order to put your legal troubles behind you, from an experienced criminal defense lawyer.Misdemeanor Defense from a Recognized Expert Criminal Lawyer
Misdemeanors in Michigan are lower level criminal offenses for violations of local ordinances (laws enacted by cities), state law violations, and for some tickets. Typical misdemeanor offenses include (but are not limited to): retail fraud, assault and battery, aggravated assault, domestic violence, driving while license suspended, drunk driving, disorderly person, and reckless driving.
For offenses that are alleged to occur in Auburn Hills, these cases are scheduled for Court at the 52/3 District Court, which is located at 700 Barclay Circle in Rochester Hills Michigan 48307. This is not the best place to have a criminal case, because these Judges have a reputation of being stern, tough, and relentless when it comes to bond and sentencing.
The maximum possible penalties for most misdemeanors range anywhere from 90 days in jail to 365 days in jail. There are a few criminal offenses in Michigan that are called "high court misdemeanors", which carry a penalty of up to 2 years in prison (or more if the person is subject to habitual offender sentencing provisions).
Sentencing for a misdemeanor conviction also allows the court to order a term of probation, which is a form of supervision that is ordered by the court to monitor individuals to make sure they comply with what the Judge ordered. Probationary conditions include a host of different conditions that can make your life miserable, including: reporting to a probation officer; payment of fines/costs/restitution/fees; alcohol testing; drug testing; no going to bars; counseling (mental health, substance abuse, anger management, etc.); attend programs; take prescribed mental health medicines; prohibition on taking some legally prescribed medications (opiates, medical marijuana, xanax, etc.); perform hours of community service; no contact with co-Defendants, victims, or other individuals; inability of returning to certain locations (including your home if the victim lives there); tether, etc. Failure to comply with all terms of probation usually results in having to appear in Court again for a probation violation, which can lead to incarceration.
There are other mandatory consequences for specific misdemeanor convictions, including: loss and/or restrictions to your ability to drive a car (drinking and driving offenses, Driving While License Suspended, etc.); loss of hunting and fishing privileges (certain DNR offenses); loss of ability to work in a hospital setting caring for patients (various drug, theft, and assaultive crimes); ability to lawfully posses/purchase firearms (domestic violence, stalking), etc. A misdemeanor criminal conviction can cause immigration related problems for persons who are not United States citizens, which (depending upon the circumstances) may lead to deportation, immigration custody, inadmissibility (inability to lawfully return to the United States), and the inability to seek certain forms of waivers and immigration relief.
All misdemeanor arrests and tickets in Michigan require an appearance by the person charged at the District Court to address the charge. The only exception is for persons that are incarcerated in another county or State, who sometimes have the ability to resolve the case by means of a "plea by mail" depending upon the local Court policies and the offense involved. The first appearance at court is called an arraignment, which is a proceeding where you are informed of the charge against you, the possible penalty the charge carries, and a bond amount is set by the Judge or magistrate. The amount of the bond can range anywhere from no money (personal bond) to having to post a significant amount of money, which is determined by the Judge or magistrate after considering whether or not you pose a risk of danger to the community and whether or not you will appear for future court dates. The Judge can place conditions on your bond that are similar to probation conditions (tether, drug testing, alcohol testing, no contact, etc.), and place you in jail if you do not fully comply with the bond conditions. It is recommended that you retain a lawyer as early as possible to defend you. The lawyer in some cases is even able in many cases to waive the arraignment and proceed directly to a pretrial (depending upon the Judge, the accusation you are facing, your prior criminal history, and if a bench warrant was ordered). Your lawyer will also help you obtain a reasonable bond amount and reasonable bond conditions.
For misdemeanor offenses that are not "high court misdemeanors" the Court proceeding following the arraignment is a pretrial conference. Procedurally, "high court misdemeanors" are treated like felony cases and the applicable District Court proceedings (probable cause conference and preliminary exam) determine if the case is sent for resolution to the Circuit Court (if a probable cause determination is made at District Court). At the pretrial, one of three different things occur: the case is resolved by a plea and/or plea bargain; the case is set for a bench or jury trial; the pretrial is adjourned to give your lawyer more time to prepare and to address other evidentiary issues.
For every misdemeanor charge you have Constitutional rights that you are entitled to exercise, which includes:
- the right to retain counsel or ask for a court appointed lawyer;
- the right to be notified of the charge and possible penalty;
- trial rights (jury trial, presumed innocent, prosecution has burden of proof of beyond a reasonable doubt, right to cross examine witnesses, right to subpoena witnesses, right to remain silent, right to testify);
- applicable appellate rights
Your defense only means something if you have experienced counsel to help you exercise these rights, because your defense is only as strong as its weakest link. You can elect to have a court appointed lawyer if you are poor, but it is often true in life that you get exactly what you pay for. There are several questions that you should answer before you decide upon a misdemeanor lawyer:
- Does the lawyer have many years experience and success defending misdemeanors?;
- Does the lawyer appear on a regular basis at the Court and before my Judge?;
- Does the lawyer answer my questions and concerns in a thoughtful, intelligent manner?;
- Does the lawyer have a professional office, where I can meet with my lawyer to discuss my case in private?;
- Does the lawyer have a good reputation in the legal community and a good reputation with former clients?;
- Does the lawyer have trial experience, legal acumen, and the ability to push for the best possible results?;
- Does the lawyer have helpful payment plans, or accept credit card and debit card payments?.
When it comes to criminal defense lawyer Daniel Hilf, the answer to all of these questions is a resounding "yes". You do not need to settle for substandard legal representation, or a lawyer who does not take your best interests to heart, or anything short of a great defense. Loyalty, having your back, trustworthiness, zealousness, being on top of his game, sharp witted, effective, and persuasive are several terms that describe attorney Daniel Hilf. Although results are never guaranteed, because everyone who has a criminal case is different and the facts to every case are unique, attorney Daniel Hilf's commitment is to help you obtain the best possible results taking everything into consideration.
Criminal defense attorney Daniel Hilf provides thorough, dedicated legal assistance for felony and misdemeanor charges in Oakland county and elsewhere, including:
- Other Criminal Offenses
- Sex Offenses
- Criminal Traffic
- Domestic Violence
- Retail Fraud
- Drug Offenses
- Probation Violation
If you have to go to Court, the time is now to contact us.