Daniel P. Hilf’s Answers

Daniel P. Hilf

Troy Criminal Defense Attorney.

Contributor Level 15
  1. My 13 yo daughter was assaulted last night 4 other girls(same ag) they posted it on Facebook. How far can i take this

    Answered almost 2 years ago.

    1. Daniel P. Hilf
    2. John F. Brennan
    3. Patricia A. Reiser
    4. Patrick Owen Earl
    4 lawyer answers

    The girls who assaulted your daughter can be prosecuted for what they did. If you wish for them to prosecuted, contact the police for the city where the assault occurred. Because of the age of the perpetrators, the matter will likely be handled by the juvenile court system. If these girls are convicted, they will be at the mercy of the Court as it relates to the disposition (sentence) of the Court. The goal of the juvenile court system is to rehabilitate. Rehabilitation could involve a...

    6 lawyers agreed with this answer

  2. Isn't embezzelemnet a property crime? Is it normal for a judge to allow someone to speak at a property crime?

    Answered about 2 years ago.

    1. Daniel P. Hilf
    2. Michael P. Manley
    3. Joshua Duane Jones
    3 lawyer answers

    It is not uncommon for a case to be adjourned to allow a victim to speak at sentencing. In Michigan, under the William Van Regenmorter Crime Victim's Rights Act (MCL 780.751 et seq), a victim has a right to speak at sentencing. In most cases involving embezzlement restitution is an issue that needs to be determined. Having a victim to speak to the issue of restitution at sentencing can often resolve disputes concerning the amount of restitution that the Court should order. Embezzlement is...

    6 lawyers agreed with this answer

  3. Is the defendant required to attend the pre-trial conference for a Misdemeanor charge of DUI?

    Answered over 2 years ago.

    1. Marc R. Lakin
    2. Tara E. Nichol
    3. Marc G. Beginin
    4. Daniel P. Hilf
    5. Steven R. Simkins
    6. ···
    8 lawyer answers

    A defendant has to be present at all court proceedings, unless the Judge allows the Defendant's presence to be waived. In some circumstances a Defendant does not have to attend motion hearings. Unless you are specifically told by your lawyer that you do not need to attend Court, your appearance is mandatory.

    6 lawyers agreed with this answer

  4. Bench Trial vs. Jury Trial... What's your pick?

    Answered over 2 years ago.

    1. Scott Matthew Aaronson
    2. Daniel P. Hilf
    3. Jonathan Andrew Paul
    4. Robert David Richman
    5. James S. Lawrence
    6. ···
    7 lawyer answers

    There is not enough information to answer your question. Who is his Oakland County Circuit Court Judge? WIth regard to the lack of evidence: What is the alleged other evidence? Was a preliminary examination held? If so, did the District Court Judge find probable cause to bind the case over to Circuit Court? Are there any co-Defendant's involved in the case? Even if your son wants a bench trial, the Judge and the Prosecutor's office also have to allow the waiver of the right to jury...

    6 lawyers agreed with this answer

  5. What is my best option for not having a record after a trespassing misdemeanor?

    Answered 6 months ago.

    1. Daniel P. Hilf
    2. Jared Clayton Austin
    3. Zaheer A Shah
    3 lawyer answers

    Hire an experienced criminal lawyer. An experienced criminal lawyer will likely be able to negotiate with the prosecutor to have this not appear on your record as a criminal offense either by a plea bargain, a diversion program, or a plea under advisement. Given that you have great career ambitions, based upon your graduate school plans, you want to do everything in your power to avoid having any type of blemish appear on your record.

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  6. I also have retail fraud they say in the second degree

    Answered 9 months ago.

    1. Daniel P. Hilf
    2. Jared Clayton Austin
    3. Timothy J. Klisz
    4. John F. Brennan
    4 lawyer answers

    Your case at the 38th District Court in Eastpointe would be before Judge Carl F. Gerds. It may be possible to keep this offense off your record and avoid jail - there is not enough information provided in your question to make that determination. I recommend that you hire an experienced criminal defense lawyer to help you get the best possible result. Having a criminal conviction, especially a crime involving theft of over $200 in merchandise, can possibly have negative consequences on your...

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  7. My 16yo is being tried as an adult for armed robbery. Its his first offense. The grid says 27 months. Can a plea give less time?

    Answered over 2 years ago.

    1. Daniel P. Hilf
    2. Scott Matthew Aaronson
    3. Ronald S. Pichlik
    3 lawyer answers

    Different options to possibly reduce the length of his incarceration include trying to have him sentenced as a juvenile, a plea bargain (if one is offered), or if the sentencing Judge deviates from the sentencing guidelines. If he is convicted of armed robbery, he is facing a prison sentence even if the Judge deviates from the sentencing guidelines. The grid says 27 months maybe at the bottom of the grid, however there is a possibility that he could receive more time than the bottom of the...

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  8. What do I do if I filed a false domestic violence police report??

    Answered almost 3 years ago.

    1. Edward Jacob Sternisha
    2. Daniel P. Hilf
    3. Ronald S. Pichlik
    3 lawyer answers

    Filing a false police report is a crime. You may want to hire a lawyer to help you to assert your 5th Amendment privilege so you don't have to testify against your boyfriend. If you testify, based upon your question, you will be incriminating yourself - which you have a Constitutional right not to do.

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  9. Driving without driver license in Michigan? court? misdemeanor?

    Answered 24 days ago.

    1. Daniel P. Hilf
    2. John Freeman
    3. Jason S. Barrix
    3 lawyer answers

    It depends on what country you are from and whether you had your driver's license from your home country at the time you were stopped. There are treaties that exist between the United States and some (but not all) foreign countries that allow for reciprocal driving privileges. Unfortunately, many lawyers and police officers are ignorant to the existence of these treaties and do not properly address this issue. The charge is a 93 day maximum misdemeanor charge, with a very low risk of jail...

    5 lawyers agreed with this answer

  10. My Brother has been charged with domestic violence, 2nd offense

    Answered 8 months ago.

    1. Daniel P. Hilf
    2. Allen M. Wolf
    3. Jared Clayton Austin
    4. Gerald R Stahl
    4 lawyer answers

    Domestic violence, charged as a second offense, carries a maximum possible punishment of 365 days in jail, up to 2 years of probation, fines, costs, and restitution (if any). It is possible that your brother could be charged with only a first offense or under a local ordinance which carries a maximum possible punishment of 93 days in jail, up to 2 years of probation, fines, costs, and restitution (if any). Your brother has a good chance of avoiding jail time, however a lot depends upon the...

    5 lawyers agreed with this answer