Daniel P. Hilf’s Answers

Daniel P. Hilf

Troy Criminal Defense Attorney.

Contributor Level 15
  1. Can the court or prosecutor change a plea deal after it has been agreed to by the defendant , and should it be in writing ?

    Answered over 1 year ago.

    1. Daniel P. Hilf
    2. Loren M. Dickstein
    3. Lisa L. Dwyer
    4. William A. Jones Jr.
    4 lawyer answers

    If the deal was verbally part of the record, you are protected. You are likely to be given the option to withdraw your plea and continue to trial, or negotiate a different resolution. You should discuss these options with your lawyer.

    Selected as best answer

  2. For a dui.I got 2 years of probation&in home breathalyzer,AA meetings 3 times a week. is it allowed being my first offense??

    Answered 11 months ago.

    1. Daniel P. Hilf
    2. Jamil Kamel Khuja
    3. John E. Melton
    4. Becket J. Jones
    5. Loren M. Dickstein
    5 lawyer answers

    The maximum penalty for a DUI first offense is 93 days in jail, up to 2 years on probation, and a $500 fine. The purpose behind sentencing is to punish, rehabilitate, deter others from engaging in the same conduct, and to protect society. With this in mind, the Court is free to set the conditions of your probation. Appealing your sentencing will not likely help you get a better result. Some Courts are willing to let you do community service work in lieu of fees and costs. The only answer...

    14 lawyers agreed with this answer

  3. How strongly do I need a lawyer to represent me in court to avoid jail time and probation for an open intoxicants in vehicle?

    Answered 8 months ago.

    1. Daniel P. Hilf
    2. Allen M. Wolf
    3. Jared Clayton Austin
    4. Robert E. Harris Jr.
    5. Jan Jeffrey Rubinstein
    6. ···
    8 lawyer answers

    Anytime you are charged with a criminal offense you should hire a lawyer to help you get the best possible result. Your question does not indicate where you got the ticket. Different courts have different policies as to how this offense is treated. The prosecutor's office handling the case also can make a different in terms of the offer made to resolve this case. In terms of searching the vehicle - I am never a fan of an individual waiving his or her constitutional rights.

    13 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. I'm being charged with a 3rd offense DUI & Felony firearms. What is my best defense?

    Answered 3 months ago.

    1. Daniel P. Hilf
    2. Allen M. Wolf
    3. Shawn James Haff
    4. Jared Clayton Austin
    5. Ray Edward Richards II
    6. ···
    8 lawyer answers

    You need an experienced criminal defense lawyer to meet with you to discuss all the facts and circumstances of the case. There are many questions that need to be answered that would be relevant to your situation, such as but not limited to: what was the reason the police officer pulled you over; who is the vehicle registered to; were there any other occupants in the vehicle; did you make any statements to the police during the stop; did you make any later statements to the police after you...

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. What kind of time am i looking at if convicted on 3rd oui?

    Answered over 1 year ago.

    1. Daniel P. Hilf
    2. Scott Matthew Aaronson
    3. Shawn James Haff
    3 lawyer answers

    The OUI charges carry a maximum possible punishment of 5 years in prison and a mandatory minimum of 30 days in jail. Because you have 2 prior felony charges, your maximum possible sentence becomes 10 years in prison. What sentence you receive if convicted depends upon how your sentencing guidelines score, who the Judge is who is assigned to the case, whether or not the Judge would exceed sentencing guidelines based upon the injury involved. You also have to worry about a civil lawsuit as...

    10 lawyers agreed with this answer

  6. Can a convicted sex offender go to law school and then take the boards, The offense was over 15 years ago.

    Answered about 1 year ago.

    1. Daniel P. Hilf
    2. Kyle J Bristow
    3. Ronald J Brandmayr Jr
    4. David B. Carter Jr.
    5. Timothy A. Dinan
    6. ···
    7 lawyer answers

    Although a convicted sex offender could attend law school, becoming licensed as a lawyer may be a different issue. Every person attempting to become a lawyer in Michigan must pass a character and fitness determination along with the bar examination. The character and fitness determination looks at your prior history - even offenses that have been expunged or are non public convictions (for example, HYTA, 7411 status, etc.). Persons wanting to become lawyers must complete an application that...

    Selected as best answer

  7. I was charged with attempted Ccw but was entered into the hyta program why is it still coming up when I apply to be a cop?

    Answered 12 months ago.

    1. Daniel P. Hilf
    2. Loren M. Dickstein
    3. David B. Carter Jr.
    3 lawyer answers

    The Holmes Youthful Trainee Act does not prohibit the dissemination of confidential records of a youthful trainee to police agencies for the purpose of preparing a background report on the criminal history of an applicant for employment with that agency.

    9 lawyers agreed with this answer

  8. Can you be sentenced to a max jail sentence of 93 days for a guilty plea on a misdemeanor and be given probation and a fine?

    Answered 12 months ago.

    1. Daniel P. Hilf
    2. David B. Carter Jr.
    3. Frank B. Ford
    4. Gerald R Stahl
    5. Ronald S. Pichlik
    5 lawyer answers

    Probation after you are maxed out would serve no purpose, because there would be no mechanism available to enforce a violation of probation. A plea can only be withdrawn under certain circumstances. That option may or may not be available to your friend. It will be harder to withdraw the plea after sentencing, so your friend better move fast. Maybe your friend should retain a lawyer, instead of relying on the public defender he or she elected to go with?

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Will my husband be released off probation in Michigan if he has not paid his fines or completed his community service?

    Answered over 1 year ago.

    1. John F. Brennan
    2. Becket J. Jones
    3. Daniel P. Hilf
    4. Steven Arnold Heisler
    4 lawyer answers

    The future looks like a probable violation of his probation if he does not do his mandatory community service hours, pay his fines/costs, and complete all the other conditions of his probation. It is possible for him to get his license back in the future - and the Michigan Secretary of State will be able to tell him when he can petition the Michigan Driver's License Appeal Division to seek the restoration of his driving privileges. If he does not abstain from drinking, and abstain from...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. I was caught for 3rd Degree Retail Fraud and I'm 17. What should I expect on my arraignment day?

    Answered about 2 months ago.

    1. Daniel P. Hilf
    2. Allen M. Wolf
    3. Marshall S. Tauber
    4. Gerald R Stahl
    4 lawyer answers

    At your arraignment do not plead guilty. You will need a lawyer to help you get the best possible result, including HYTA. If you are indigent you can ask for a lawyer to be appointed at your arraignment. The lawyer will be available for a pretrial conference (or a preliminary examination conference if the retail fraud was charged as a felony). You have an excellent chance of receiving a personal bond (a bond in which you do not have to deposit money with the Court to be released)....

    8 lawyers agreed with this answer