Misdemeanor Lawyer Birmingham MI
Hilf & Hilf, PLC attorney Daniel Hilf has a solid reputation for providing great legal representation for those in Birmingham who have been charged with misdemeanor offenses by the city of Birmingham, Oakland County Prosecutor's Office, or the Michigan Attorney General's office. Criminal allegations have a huge personal effect that costs individuals freedom, employment, educational opportunities, their good reputations, and the best possible future. When you receive a Court notice notification of a criminal charge, it becomes urgent to receive strong legal advice and proper legal representation, in order to put your legal troubles behind you, from a well regarded criminal defense lawyer.Misdemeanor Criminal Defense from a Recognized Birmingham Michigan Expert Criminal Lawyer
Misdemeanors in Michigan are criminal offenses for violations of local ordinances (laws enacted by cities), state law violations, and for some tickets that are lower in degree than felony offenses. Typical misdemeanor offenses include (but are not limited to): retail fraud, aggravated assault, domestic violence, assault and battery, driving while license suspended (DWLS), drunk driving (DUI, OUI), disorderly person, and reckless driving.
For offenses that are alleged to occur in Birmingham, these cases are scheduled for Court at the 48th District Court, which is located at 4280 Telegraph Road in Bloomfield Hills, Michigan 48302. This is not a good place to have a criminal case if you are a Defendant, because these Judges have a reputation of being stern, tough, and relentless when it comes to bond conditions and sentencing terms.
The maximum allowable penalties for most misdemeanor offenses is anywhere from 90 days in jail to 365 days in jail. The exception to this are "high court misdemeanors", which carry a maximum penalty of up to 2 years in prison (or more if the person is subject to habitual offender sentencing provisions).
On top of jail, sentencing for a misdemeanor conviction also allows the court to order 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. Probation can include a wide variety 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; professional counseling (mental health, substance abuse, anger management, etc.); attend programs; take prescribed mental health medicines; prohibition on taking some legally prescribed medications (xanax, opiates, medical marijuana, 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 abide by all the probationary conditions usually results in having to appear in Court again for a probation violation hearing, which can lead to incarceration.
There are other not widely known consequences for specific misdemeanor convictions that are important to be aware of, including: loss and/or restrictions to your ability to drive a car (DUI, OUI, 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, assaultive, and theft crimes); ability to lawfully posses/purchase firearms (domestic violence, stalking), etc. A misdemeanor conviction can cause immigration problems for persons who are not United States citizens, which (depending upon the circumstances) may lead to deportation, inadmissibility (inability to lawfully return to the United States), immigration detention, and the inability to seek certain forms of waivers and immigration relief.
All misdemeanor offenses in Michigan mandate an appearance by the person charged at the District Court to address the charge or charges. The only possible exception is for persons that are incarcerated in another State or county, 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 before a magistrate or Judge where you are informed of the charge against you, the possible penalty the charge carries, and a bond amount is set. The bond amount can range anywhere from not having to post money with the Court (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 strict, monitored conditions on your bond that are similar to being on probation (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 highly recommended that you immediately retain a misdemeanor defense lawyer as early as possible to defend you. The misdemeanor defense lawyer in some instances is even able 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), and help you obtain a reasonable bond amount and reasonable bond conditions.
For regular misdemeanors (not "high court misdemeanors") the District Court proceeding following the arraignment is a pretrial conference. Procedurally high court misdemeanors" are different than other misdemeanors. They are treated exactly like felony cases and the applicable District Court proceedings (probable cause conference and preliminary exam) determine if the case is sent for final resolution to the Circuit Court (if a probable cause determination is made at District Court). At the pretrial, you and your attorney will try to accomplish one of the following: resolved the case by a plea and/or plea bargain; set the case for a bench or jury trial; obtain an adjournment of the pretrial to give your lawyer more time to prepare and to address other evidentiary issues.
For all misdemeanor charges you have important Constitutional rights that you are entitled to exercise, which includes:
- the right to hire your own counsel or to seek a court appointed lawyer;
- the right to be notified of the charge or charges and the maximum possible penalty;
- trial due process rights (presumed innocent, prosecution has burden of proof of beyond a reasonable doubt, jury trial, right to cross examine witnesses, right to subpoena witnesses, right to remain silent, right to testify);
- any appellate rights that apply, if sought in a timely manner.
Your misdemeanor defense only has value if you have experienced counsel to help you exercise your rights, because your defense is only as strong as its weakest link. You can elect to have a public defender if you are indigent, but it is often true in life that you get exactly what you pay for. There are several questions that you should ask yourself before deciding upon a misdemeanor lawyer:
- Does the lawyer have many years courtroom experience and success defending misdemeanor cases?;
- Does the lawyer appear frequently at the Court and before my assigned Judge?;
- Does the lawyer choose to answer my questions and concerns in a well thought out manner?;
- Does the lawyer have a local office, where I can schedule an appointment with my lawyer to discuss my case in private?;
- Does the lawyer have a solid reputation in the legal community and solid reviews?;
- Does the lawyer have legal acumen, jury trial experience, and the ability to push for the best possible results?;
- Does the lawyer make payment arrangements to help me afford the lawyer's services, or accept credit card and debit card payments?.
When it comes to misdemeanor criminal defense attorney Daniel Hilf, the answer to all of these questions is a resounding "yes". You do not need to settle for unprepared - make up as you go - legal representation, or a lawyer who does not take your best interests to heart, or anything short of a well thought out defense. Having your back, trustworthiness, client loyalty, zealousness, being on top of his game, sharp witted, persuasive and experienced are several terms that describe attorney Daniel Hilf. Although results are never guaranteed, because everyone is different and the alleged facts to every case are case specific, attorney Daniel Hilf's vow is to help you obtain the best possible results taking everything into consideration.
Attorney Daniel Hilf provides dedicated, tenacious, legal representation for felony and misdemeanor charges in Oakland county and elsewhere, including:
- Domestic Violence
- Retail Fraud
- Drug Offenses
- Other Criminal Offenses
- Sex Offenses
- Criminal Traffic
- Probation Violation
If you have to go to the 48th District Court or elsewhere, the time is now to contact us.