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Daniel P. Hilf

Daniel Hilf’s Answers

841 total

  • How does Michigans Romeo and Juliet law apply in this case.

    Two minors, male 17, and female 14, having a physical relationship, when the age of consent is 16. The way the law reads to me is he can be convicted of statutory rape, and serve up to 15 years in prison, but will not have to register as a sex off...

    Daniel’s Answer

    It is always frustrating when lawyers from other States choose to answer questions in areas that are not qualified to answer. In any criminal matter, you should hire a criminal lawyer with experience, knowledge, and expertise in the subject matter where you need help - especially when dealing with a serious, life altering type of case such as Criminal Sexual Conduct. Lawyers from outside of Michigan, for the most part, are not licensed to practice in Michigan and should refrain from answering such questions.

    Michigan does have a Romeo & Juliet provision (exception), depending upon the Criminal Sexual Conduct offense charged. It only applies to certain tier II and tier III offenses. Based upon the fact scenario presented in this question - generally, there are 3 requirements if this exception is available.:
    (I) The victim consented to the conduct constituting the violation.
    (II) The victim was at least 13 years of age but less than 16 years of age at the time of the violation.
    (III) The individual is not more than 4 years older than the victim.

    Michigan Compiled Law 28.723a(1) describes the process by which an individual may claim this exception to sex offender registration. If the prosecution disputes the Defendant's claim to the exception, the Court holds a hearing before sentencing occurs. The Court decides at the hearing of the exception applies and whether the Defendant must register. The Defendant has the burden to prove the application of the exception by a preponderance of the evidence.. The victim has a right to appear at the hearing, and can choose to either :submit a written statement; testify; refuse to attend the hearing and/or testify at this hearing.

    The Defendant also needs a lawyer to help him get the best result possible when it comes to trying to keep this offense off his record and obtaining a favorable sentence if he is convicted. The lawyer can also explore all possible defenses as well.

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  • Jail time for OWI in Troy, Mi?

    I was involved in a car accident in Troy, Mi. I was charged with OWI (BAC .15). At my arraignment I was released on a personal bond, and scheduled for the RESULTS program. I had a prior DUI in Mt. Pleasant, Mi about 14 years ago. My pre trial is ...

    Daniel’s Answer

    My office is in Troy, about a half mile from the 52/4 District Court. I appear before the Court on a regular basis. The Judges are very reasonable. Hire an experienced lawyer that is familiar with the Court. Your lawyer can enter into a Cobbs agreement with the Court to help reduce the potential sentence that you could receive. An experienced local criminal lawyer can help prepare you in a manner that is responsive to the Court, especially given the history that you indicate in this question. You have a lot to lose - hire a lawyer as soon as possible.

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  • What are the elements of fleeding and eluding 3

    I was pulled over for speeding going 45 in a 30 the officer they pulled me over said he was behind me two and a half miles with the lights on I did not see him but when I did see the lights I pull soon as I seen him ok he pulled me over for going ...

    Daniel’s Answer

    Fleeing and Eluding in Michigan involves an accusation that an individual disobeyed a visual signal (for example, overhead lights, a hand sign, etc.) or audible signal (for example, a siren, a verbal command, etc.) given by a police officer acting in the lawful performance of his or her duty to stop their automobile or motorcycle.

    Third Degree Fleeing and Eluding is charged when a collision or accident occurs during the offense, OR a portion of the offense occurred in an area where the speed limit was 35 mph or less, OR the individual had a prior conviction for Fleeing and Eluding and commits a 4th Degree Fleeing and Eluding. The potential punishment is a felony sentence of up to 5 years in prison and/or $1,000 fine, and suspension of the individual's driver's license. A person convicted of this offense also will receive 6 points to his or her driving record, and a 2 year $1,000 driver's responsibility fee. There is no hardship appeal to the Michigan Secretary of State for this offense to attempt to immediately regain driving privileges.

    Fleeing and Eluding can occur no matter if the individual obeys the speed limit, stops at traffic lights and stop signs, and otherwise does not violate the traffic code - failure to stop when directed is enough. Even through the offense is titled "Fleeing and Eluding", the more appropriate title would be "fleeing and/or eluding" because either fleeing the police in a vehicle or eluding the police in a vehicle is sufficient for a charge to result.

    Potential defenses to Fleeing and Eluding offenses include: failing to stop immediately because it was not safe; there was an emergency or necessity that caused the driver not to stop; equipment failure; the driver believed that the person attempting to stop him or her was not actually a police officer; the police officer was not performing a lawful duty; the driver did not know or realize that the police officer was trying to stop him or her; mistaken identity of the driver; and the driver did not flee and/or elude. The success of these defenses depends upon the facts of the case, the quality of the legal representation, and the interpretation of the law to the facts by the Judge or Jury sitting in judgment. Sometimes video and/or audio exist from the patrol car involved can be obtained by the criminal lawyer to properly defend the case or place the matter in its proper context.

    If you have not hired an experienced criminal defense lawyer already, you should do so.

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  • How can I avoid jail time for violation of probation?

    I was recently back in Michigan handling a warrant issue for a DUI and 2nd offense Driving on License Suspension in Rochester Hills. My judge was Asadoorian. She sentenced me to 18 months probation; once my other stipulations was completed she all...

    Daniel’s Answer

    It is possible to avoid jail for a probation violation conviction, because the Judge is not obligated to put you in jail. For probation violations that are established through a plea of guilty or after a hearing, the probationer is at the mercy of the Judge. The Judge can do any of the following: warn you, add conditions to your probation, extend your probation (up to the statutorily maximum allowable period of probation), incarcerate you anywhere from 1 day up to the maximum allowable period of incarceration (DWLS 2nd carries a 1 year maximum).

    Judge Asadoorian, as you are aware, is a very strict Judge. The 52/3 District Court is a difficult place to have probation. Your best chance of obtaining a great result is to hire a lawyer that has experience before Judge Asadoorian.

    You should discuss with the lawyer you retain the reasons why you tested positive. From how your question is phrased, it seems like it may have been contained in medications that you were taking for an illness.

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  • Can I say no to this question?

    Have you ever been:* convicted of a criminal offense in any city, state or country, other than a minor traffic offense; entered a plea of guilty or nolo contendere (no contest) to a criminal offense; had adjudication of guilt with...

    Daniel’s Answer

    I am interested to know who is asking the question and the reason the question is being asked.

    Did you plead guilty or no contest as a part of the program you participated in to rid the charge? Did you have to appear in Court before a Judge, a magistrate, or a referee?

    Although the program you participated in is likely a first offender or pretrial diversion program, the reason for such a program is to prevent an action that you did from negatively affecting your future. With the exception of law enforcement (in the performance of law enforcement related duties) and the court system, no one is supposed to have access to LEIN or court records concerning the offense that led you to participate in the program.

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  • I was biking with my friends at 2am and a cop saw us and came after us. Im 15 and this is my 2nd time past curfew. What happens?

    I ran from the cop because it would have been my second time but got caught. I was told juvinile court and counciling? Can i get drug tested? What will happen in court? Should i get a lawyer?

    Daniel’s Answer

    You will be subject to the juvenile court. You need a lawyer. IF you cannot afford one, you can request a court appointed lawyer. Juvenile courts are interested in rehabilitation. Rehabilitation can involve a warning, probation, intensive probation, detention, or a combination of any of these. Drug testing is always a possibility. What happens depends a lot upon you. The more positive things going for you, the better your chances in front of the referee or Judge assigned to your case. If you are convicted, you will be at the referee's or Judge's mercy.

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  • Probation Violation Reports. Is there a time deadline for the accused to receive his report? Michigan BTW

    didn't get his report till 14 days after detainment

    Daniel’s Answer

    Your question is not clear. Which report are you referring to?

    A probationer is entitled to written notice of the probation violation or violations that the probationer is facing. Pursuant to MCR 6.445 the probationer is entitled to a probation violation hearing within 14 days of his or her arraignment on the charge of probation violation. A violation of this notice requirement will probably not result in a dismissal of the probation violation.

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  • Second degree retail Freud taking the wrap for a friend, because you will get the lesser charge

    If two people are involved in a second degree retail fraud case but one person takes the blame for everything can the other person still get into trouble..

    Daniel’s Answer

    It is up to the prosecutor to determine who gets prosecuted. If there is enough evidence to substantiate that the person who did not take the blame aided and abetted the person who took the blame, the prosecutor will prosecute both. The person who did not take the blame should continue to remain silent and seek the help of an experienced criminal lawyer. The person who took the blame should hire a lawyer to help him/her get the best possible outcome.

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  • Do I need a Lawyer

    Recently me and my buddy were driving and we got pulled over. We had a half a joint and the officer said he smelled it and I amitted to having it, the officers told me if I tip their detective off where I got it from they will throw the ticket out...

    Daniel’s Answer

    Possession with intent to sell marijuana is a felony. You want to do everything in your power to avoid having a felony on your record. If you are charged with a crime, an experienced criminal lawyer can help you obtain a reasonable bond, look at the case for any issues which could lead to its dismissal, and otherwise help you obtain the best possible result. Hiring an experienced criminal lawyer for this type of matter is money well spent.

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  • Second offense of 3 counts controlled substance awaiting trial.

    Someone with. A felony of a controlled substance from 7 years ago and recently getting charged with 3 counts of a controlled substance. what punishment is this person facing minimally!?? He was working undercover and he opted out of it and deser...

    Daniel’s Answer

    It is impossible to answer your question. Your question does not indicate the exact charge, the quantity of drugs allegedly involved, if the case involves alleged possession, manufacture, or delivery, the person's sentence guideline range, the Judge assigned to the case, where the case is being prosecuted, the Defendant's prior record, the facts of the case, etc., etc.

    These questions should be answered in a private, confidential setting with an experienced criminal defense lawyer. I

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