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Daniel P. Hilf

Daniel Hilf’s Answers

813 total


  • How do I ask for a deferment program in a first time petty theft case?

    I was caught stealing a $14 headband from JC Penny. I had put it in my purse with the tags off. I purchased the more expensive item that I wanted to buy. I really don't know why I took it. I had the money for it. The police were never called. H...

    Daniel’s Answer

    Plead not guilty at your arraignment and ask for a court appointed lawyer (given that you cannot afford to hire a lawyer).

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  • Bench warrant

    I know I should turn myself in but I want to have enough money to be able to bail myself out. I got my second DUI 2 yrs ago. I missed a court date while I was on a 5,000 dollar p.r. bond. I want to know how much I would need to bail myself out and...

    Daniel’s Answer

    The Judge may have set a cash bond at the time you failed to appear. The Court where you failed to appear may be able to tell you what your bond amount is. Given that this is a DUI 2nd, you already failed to appear, and you have a lot to lose (your job, etc.) you should hire an experienced criminal defense lawyer to help you.

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  • My boyfriends attorney would like us to put in a no contest plea and he is not guilty of this crime.

    also I and my fiancee would like to recuse the prosecutor he has been in several of my cases. Also has hit on me in the past so he is showing no mercy period. We live in a very small town and everybody knows everybody. The prosecutor acts like he...

    Daniel’s Answer

    Ultimately the decision as to whether or not your boyfriend tenders a plea to the charge(s) or goes to trial is up to him. Your boyfriend is free to disregard his attorney's advice. Your boyfriend should discuss with his lawyer the reasons why his lawyer is suggesting him to plead no contest and decide for himself whether or not those reasons are legitimate. The lawyer should have the objectivity, experience, and knowledge of the law to properly advise your boyfriend.

    The rationale that you provide for the prosecutor to recuse himself does not have a legitimate basis to be granted.

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  • Jailed daughter who has a PR bond, by right should have been released weeks ago, how can we get her home?

    Young black 30-y.o mother with Masters degree arrested for a traffic warrant has been in jail for weeks, only prior is minor marijuana possession for which she was probation. Lawyer says if found guilty the most she would get is probation, so why ...

    Daniel’s Answer

    Her lawyer would be in the best position to know.

    You can always call the jail and see if there are any holds that are preventing her release.

    if you are not satisfied with your lawyer, you are free to hire a new lawyer.

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  • Should I plead guilty??

    I was caught stealing baby food, milk, a baby shirt and 2 baby bottles totalling 40 dollars from a local grocery store in Shiawasee County Michigan. I really regret it but at the same time I felt like I didn't have any other choice. That being sa...

    Daniel’s Answer

    Even if you committed this offense and confessed you should plead not guilty at your arraignment and seek the help of a lawyer. As a graduate student at MSU you should realize that a conviction on your record can affect your future. Your lawyer can possibly help you reach a resolution of the case (through a plea agreement, plea bargain, or trial) that will keep this offense off your record. The attorney fee that you describe is low. Most lawyers will accept credit card payments. You should otherwise try to borrow the money to hire your lawyer. If you cannot afford a lawyer, ask for a court appointed attorney.

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  • My lawyer is suppose to be one of the best in our town for criminal defense but he is not helping and I'm broke now?

    I don't feel as if my lawyer is doing his job. I have been accused of some serious charges by hearsay. My wife at the time was dying of cancer I spent two years trying to save her I was always gone from home with her. When time was getting to the ...

    Daniel’s Answer

    You have to look objectively at the performance of your lawyer. Is your lawyer is spending appropriate time on your file, filing necessary motions, maintaining communication with you, and competently performing his/her duties as a lawyer? If the issue is that the Judge isn't ruling in your lawyer's favor and this is the reason you are unhappy with your lawyer, ask yourself whether or not your lawyer could have done something differently to obtain a better result. You ultimately can have a jury trial to challenge the evidence and to question the motivations of the police and her children for making up this allegation.

    You should discuss with your present lawyers the concerns you raised in this letter. If you want to change lawyers, ask your lawyer if he/she will refund a potion of the fee (However, for this size of a fee you likely have a written fee agreement that will have the terms and conditions of the legal representation. which will control). Otherwise for this type of charge if you really want to change lawyers you should consider any lawful means to obtain additional funds to secure a new lawyer (credit card payments, back loans, borrowing money from family, selling property, etc.). Good luck.

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  • Hi, I got caught trespassing at a abandoned insane asylum.

    The officer gave me a ticket and I have a court date in a couple of weeks. What will happen in court and how much in fines will I have to pay. What would happen if I didn't go to court and didn't pay the fine. Oh and also this happened about 35 mi...

    Daniel’s Answer

    The ticket should indicate whether or not it is a civil infraction or a misdemeanor. If the ticket is a civil infraction, you can just pay it (or challenge it if you would like. If the ticket is for a misdemeanor, you have to appear in Court. If you don't go to court a bench warrant for your arrest could be issued. If a bench warrant is issued, you are subject to arrest and possible detention to address the charge.

    If you are charged with a misdemeanor, you should hire a lawyer. A lawyer will help you get the best possible result, which may include: avoiding jail; having the offense not appear on your record; getting a reasonable sentence from the Judge; defending the case in a way to obtain the best possible resolution. If you cannot afford a lawyer, you can request a public defender if you are charged with a misdemeanor (if you are charged with a civil infraction you are not entitled to a lawyer).

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  • Terminate incarcerated fathers rights

    My ex is incarcerated for felonious assault with a deadly weapon against me. We have a 3.5 year old daughter. I have sole physical and sole legal custody of her. Can I have his rights terminated?

    Daniel’s Answer

    Petitions to terminate parental rights can be filed by the Prosecutor (or Attorney General depending upon the jurisdiction) or through a private lawyer who you hire. If such a proceeding went forward, your ex would be entitled to legal representation and your child would have a lawyer appointed to represent her interests. You ex would be entitled to a trial before a Judge or Jury to challenge the attempt to terminate his parental rights. Whether or not you should pursue this is another matter. Such a proceeding could bring scrutiny from Child Protective Services, it could cost you time and expense, and the decision may not be in the best interest of your child. You also have the option to file a motion with the court that granted legal custody to you of your child to suspend her father's parental rights. If your ex is incarcerated for a long period of time, how you proceed might be neither here no there. You could also explore obtaining a personal protection order for yourself and your child against your ex. It may be easier to get relief against him while he is incarcerated, and closer in time from when he assaulted you. You may want to discuss which, if any, of these options are right for you with a lawyer. If you do not have funds to hire a lawyer, you can attempt to contact the prosecutor's office or obtain a personal protection order. Personal Protection Orders can be applied for a the Circuit Court where you reside. The forms come with instructions how to complete the paperwork, and some courts have individuals that will help you to complete the paperwork.

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  • Criminal defense atty for retail fraud

    Son plead guilty to retail fraud III. Had court appointed atty and barely spoke to him. Talked him into it. Received 6 months diversionary program and then dismissal. He was recently discharged from military after 5 yrs, and has ptsd. Part of our ...

    Daniel’s Answer

    If he received a diversionary program, there will be no public record of a conviction if he lives. The resolution reached by the court appointed counsel, on its face, appears to be a good resolution.

    However, one option sentencing wise that should have been explored for your son is the Macomb County Veteran's Court. This Court is designed to address issues that your son is experiencing. Your question does not indicate where the case was handled. Even though this program is offered through the 41B District Court, Defendants from other Courts can participate with approval from the Prosecutor and the Assigned Judge.

    You could hire a lawyer on your son's behalf to explore resentencing or appellate options.

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  • My girlfriend is pregnant what are my rights ?

    I am 17 and my girlfriend is 14. Her parents say I don't have rights and should be in jail because she is still a child. Are they right ? I thought her being pregnant would make her an adult by law and then we could do what we want. They won't let...

    Daniel’s Answer

    • Selected as best answer

    You have the right to remain silent. Anything you say or do can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney and you are charged with a crime, one will be appointed to you.

    Having sex with a 14 year old is a crime that could call for a prison sentence and registration as a sex offender. Her being pregnant doesn't make her an adult - she is a child. She will only become an adult with age and maturity. Her parents are right to keep you apart, because they could be charged with neglect if they allow this relationship to continue in the manner you wish it to continue. Just because you want to do what you want doesn't mean that the law will look favorable upon you.

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