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Daniel P. Hilf

Daniel Hilf’s Answers

850 total


  • Asked in explanation

    Went to court for 2nd D.U.I.. I had a lawyer, but on the court date he didn't show and send a colleague (not even someone from his firm). The new lawyer hadn't seen my case at all and almost had me thrown in jail. One, I'm not pleased with how the...

    Daniel’s Answer

    If you question whether or not you have to pay your lawyer, you should review the terms of any fee agreement that you had with him or her.

    It is not uncommon for one criminal defense lawyer to have another criminal defense lawyer stand in for him or her. Often, a lawyer will pay another lawyer to cover his or her cases if there is a conflict in the lawyer's schedule. However, any lawyer standing in on a case should be sufficiently aware of the facts and circumstances to provide effective representation. As a general practice, lawyers appear on their own cases and only seek coverage when there is a conflict in the lawyer's schedule that cannot be resolved. Some Judges are very inflexible and will not adjourn cases, even when there is a valid reason for the adjournment request.

    It does not sound like your case was blown (you were not jailed - you were almost thrown in jail). If you did not go to jail for an DUI 2nd (for which Michigan law provides a mandatory minimum sentence of 5 days), the lawyer must have done something right.

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  • Can he do SAI-boot camp under HYTA. Have seen conflicting reports.

    My son was caught breaking into vehicles. After further investigation, they tied him and his friend to 2 Home Invasions. One was HI1. He pleaded to Home invasion2. Sentence could have been 6 to 15 years. He received 2 years and HYTA. There we...

    Daniel’s Answer

    Someone can only do the SAI boot camp under HYTA as a probationer. Prisoners that receive HYTA are only housed at the Thumb Correctional Facility in Lapeer and remain there to serve their sentence. SAI Boot Camp is only conducted at the Special Alternative Incarceration Facility in Chelsea.

    It would be up to the sentencing judge to amend the sentence to a probationary sentence for SAI placement If the court allowed this, the risk involved would be that he would be subject to a probation violations if he did not comply with his sentence, and as a result he could end up in prison for a lot longer than 2 years.

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  • Ineffective Counsel

    What can you do when your public defender lacks the resources, time, experience or skills rendering him ineffective as counsel when the person being charged is facing a life sentence? Please don't say talk to the judge or public defenders office. ...

    Daniel’s Answer

    If you are in a position to hire an experienced lawyer you should do so. Many lawyers accept payment plans and credit card payments. The justice gap is not going to close any time soon.

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  • Is it a felony over 1000$

    Getting charged for a bad check that was giving to me from my roommate that was a stolen check and I cashed it and it was 900$

    Daniel’s Answer

    I do not have enough facts to give you a proper determination. What are you charged with? If you are charged with uttering and publishing the dollar amount of the check does not have to be over $1000 - it could be $1 and that would be enough. However, for uttering and publishing the prosecution must prove that you intended to defraud the complaining witness/alleged victim.

    It is important that you do not discuss this matter with anyone, except for a lawyer that you have retained to represent you. If you have not obtained counsel by now, you should immediately.

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  • How do I get charges dropped? If its possible

    Im being charged of a reckless/careless use of a firearm misdemeanor. I was trying to get the remaining bullet out and it fired and went into the next door neighbors house no one got hurt. It was a accident that it went off.

    Daniel’s Answer

    Your lawyer could negotiate with the prosecution and possibly reach a plea bargain. If there were violations of your Constitutional rights your lawyer could possibly argue with the Court to dismiss the charge against you depending upon the circumstances. If you went to trial and the witnesses failed to appear, the case could possibly be dismissed. If you went to trial and the prosecution did not submit enough evidence, the charge could possibly be dismissed by a motion for directed verdict. If you went to trial and were found not guilty the charge would be dropped. If you appealed the conviction and were successful, it is possible the case could be dismissed depending upon the circumstances.

    In any event, if you have not hired an experienced criminal defense lawyer to represent you, now is the time.

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  • Can a judge sentence me pass 93 days if I violated?

    I plead no contest to a 93 day misdemeanor and was sentenced to a year probation

    Daniel’s Answer

    If 93 days is the maximum punishment for the offense that you are on probation for, the most amount of time that the court can give you for violating that probation is 93 days. You also would get credit towards that sentence if you already served time in jail related to that offense.. Depending upon the jurisdiction where you were convicted, you may also be eligible for good time credit and programs which may reduce the length of your incarceration.

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  • I know I should have got a lawyer before but do I have any hope for no jail time if I sumit to ANYTHING else

    Ive been served a FBI search warrant on the grounds of being on and downloading underage porn (15-17yo) from a site that they were monitoring. They (FBI) have taken into custody all my computers and hard drives. I have confessed that I was on the...

    Daniel’s Answer

    At this point the best hope you have to get a great result is to hire an experienced criminal defense lawyer. Possession or distribution of child sexually abusive material is a very serious felony offense which carries potentially a prison sentence, sex offender registration, and other sanctions. Based upon federal involvement, they must believe that you either possessed or distributed a significant number of images, which ultimately can affect how you are treated.

    The most important step for you and your future at this point is to obtain legal counsel and to follow your lawyer's advice. I cannot stress enough to you how important this is.

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  • How can I appeal a misdemeanor conviction dealing with Medical Marijuana and 17th Circuit Court.

    Can I appeal a misdemeanor conviction on a medical marijuana case where evidence was altered as a matter of record during an evidentiary hearing and inspection, used to coerce me into an agreement..Prosecutors and police contend I had usable marij...

    Daniel’s Answer

    You should hire an experienced lawyer to help you with any criminal and parental rights issues. You should hire a lawyer immediately, because there are time limits concerning your ability to appeal judgments. If you wait to long, you may lose your ability to appeal.

    Daniel Hilf, Esq.
    Hilf & Hilf, PLC

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  • How long will a person spend in jail for missing a court date after completing a domestic abuse case?

    My mom recently was recently taken to jail after serving her time and taking classes for a domestic abuse course, and was freed up of any charges after completing the classes and going to each one of them accordingly. However, because she missed a...

    Daniel’s Answer

    Your question is a little confusing, but I will try and answer it to the best of my ability based upon the information provided.

    If your mom was on probation for domestic violence and allegedly violated her probation by not appearing for a review hearing, she faced up to 93 days in jail minus any credit for time served if the violation of probation is either proven or admitted to.

    If your mom is facing a new charge, and missed court because she was incarcerated on a previous charge, whether or not she gets out of custody right away depends on her bond and whether or not she has the ability to post that bond. She should try and obtain proof of her incarceration/class when going before the Judge. The fact that she did not intentionally miss a court date will go a long way with the Judge.

    If she does not already have an experienced criminal defense lawyer representing her, your mom should hire a lawyer if she can afford to do so. An experienced lawyer will help her obtain a reasonable bond and a fair result.

    Daneil Hilf, Esq.
    Hilf & Hilf, PLC

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  • Would the judge consider that my husband's ADHD was party at fault?

    My husband has ADHD which he is under a doctors care, and he was charged with retail fraud in the 3rd degree, plus he has 2 tickets. His medication has not helped with his symptoms and he has the combination ADHD he is impulsive, unattentive to na...

    Daniel’s Answer

    His ADHD is not a defense to the allegations, however it may mitigate how the judge punishes him if he is convicted of the retail fraud and the 2 tickets. Hopefully he has a good criminal defense lawyer that can effectively present this to his Judge at the appropriate time.

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