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Daniel P. Hilf

Daniel Hilf’s Answers

872 total


  • Can a judge order you to pay more than the published price for a ticket?

    I got pulled over and ended up pleading to "no ops on person". The published price on the court's website for this offense for this court is $165. Yet I have been told to pay $375. Can the judge do this?

    Daniel’s Answer

    No ops on person is a misdemeanor offense. Therefore, the Court can issue fines and costs in its discretion.

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  • Can a person get points on his Michigan driver’s license and or get is suspended for getting traffic tickets in Canada?

    Can a person get points on his Michigan driver’s license and or get is suspended for getting traffic tickets in Canada?

    Daniel’s Answer

    I believe that Michigan has reciprocal agreements with Ontario (and possibly Quebec) in which the traffic tickets and points you receive from a ticket will get abstracted to your driving records. You can face driver's license sanctions for excessive points.

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  • Michigan -Delayed Sentence Under Statute 771.1

    I was in 12 month probation and My Criminal case dismissed as a result of successful completion of delayed sentence in Michigan. If employer does background checks my arrest and conviction record will show in the back ground check.? During a...

    Daniel’s Answer

    The employer (unless the employer is law enforcement related) should not be able to find your conviction. You can search your name online through Michigan State Police iChat (internet criminal history access tool) for a $10 credit card payment if you have a question about how your record may appear to an employer.

    Fingerprint cards can be destroyed when an individual is found not guilty, or if the individual is a juvenile. Most prosecutors will not consent to, and most Courts will not order, destruction of fingerprint cards based upon a dismissal pursuant to MCL 771.1.

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  • Not able to pay the full monthly restitution amount each month, Will paying at least something each month keep me out of jail?

    In 2013 I was charged with misdemeanor larceny (Dr shopping).Following a bad car accident in 2010 I became addicted to pain pills.I was using my Blue Cross Blue Shield health insurance to cover my doctors’ visits and medication.Blue Cross came aft...

    Daniel’s Answer

    I agree with the response that you cannot be placed in jail based upon poverty. However a Judge can review the issue as to whether or not you have an inability to pay. Judges differ on their interpretations. Some Judges will take a position that if you can afford some luxury items (such as cable TV, cigarettes, etc), you can afford to pay. Failure to pay as directed is a potential basis to violate your probation.

    If you truly cannot make a full payment, I would encourage you to discuss your situation with your probation agent. It is better for you to pay something, rather than nothing, when it comes to paying fines/costs/restitution because it shows some good faith on your behalf. Most (not all) courts are willing to work with you if you show good faith. There are other options the court has, such as extending your probation to allow for more time to pay (however, you cannot be extended beyond the maximum allowable term on probation).

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  • Can my son go to a Michigan prison boot camp if hes HIV positive?

    My son was sentenced to prison Friday the 17th. The judge said yes to boot camp. Yesterday my son said the prison said something about his/any offenders blood count has to be a certain level. His has never been below that level. I guess they're te...

    Daniel’s Answer

    My understanding is that individuals are not specifically excluded based upon HIV status. However, the MDOC SAI Boot Camp make determinations as to an individual's eligibility. One are of inquiry is whether or not his health issue would make him unable to follow the strict regiment at the boot camp. If he is unable to perform due to his health issues, he would not be eligible. There also may be an issue if he needs to be administered medications during the period of time while he is in the program. Inquiry could be made at the SAI facility in Chelsea Michigan concerning your son's situation with his consent. There is a legal issue concerning the disclosure of this condition based upon Michigan Compiled Law 333.5131.

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  • Can you travel internationally with a disorderly conduct, loud and boisterous record?

    I would like to make plans to travel internationally, but have a disorderly conduct charge on my record in the State of Michigan. Ive been to Canada three times by land no problem and I just want to double check I can travel anywhere else. Thank y...

    Daniel’s Answer

    Your question is more suitable for an immigration lawyer.

    Your question does not provide enough information to properly answer. You question does not indicate:
    1) If you are a United States citizen seeking to travel, or if you have some other status in the country (lawful permanent resident, here on a visa, etc.). It probably will not be an issue to travel abroad if you are a United States citizen. If you are not, you may want to check with an immigration lawyer concerning whether or not it would be advisable for you to travel.
    2) You do not indicate where you wish to travel to. You may be able to obtain more information online (as to the particular country you wish to travel to) concerning travel requirements.
    3) In some instances, for a disorderly conduct charge, the conviction is not abstracted on a criminal record. This could be the case if you were never fingerprinted (which is not required because the offense is a 90 day misdemeanor). If it was not abstracted, it probably would not appear on a LEIN check of your name.

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  • I called the court and they said I need to appear infront of the magistrate? Am I going to be ordered to serve jail time?

    My licenses was suspended due to an unpaid traffic ticket (which i forgot about) and I backed into someone so the police were called. When running my licenses the cop saw my license was suspended so he simply gave me a ticket for it. Right after t...

    Daniel’s Answer

    You should hire a lawyer to help you. A lawyer can help you appear in front of the magistrate and court to have the bench warrant set aside, and help you receive the best possible result. Driving on a suspended license is a misdemeanor that carries a maximum punishment of 93 days in jail, possible probation, fines, costs, driver's responsibility fees, and a further suspension of your driving privileges.

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  • I wanted to know if I couldstill work in the medical field with a misdemeanor for assault with my husband that happen 3 years a

    Me and my husband had got into a fight and he said I hit him with a bat which I didn't and I plead guilty to a high misdemeanor since my court appointed lawyer said she didn't think I would win trail and at the time our baby was 1 month old son I ...

    Daniel’s Answer

    You should read Michigan Compiled Law 333.2017a. This provision of the law deals with whether or not you can work in a "covered facility". Covered facility means a health facility or agency that is a nursing home, county medical care facility, hospice, hospital that provides swing bed services, home for the aged, or home health agency. Your question does not indicate the exact charge that you were convicted of, which is important to determine the length of time you could be prevented from finding employment. In your case it may be 3 years.

    To get an expungement, that takes 5 years from the time of conviction or last incarceration if you are otherwise eligible. If eligible, the expungement is at the Judge's discretion. Hire a lawyer to help you with the expungement.

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  • Third offense retail fraud- what is likely the punishment?

    Friend was caught stealing make-up at a store. This will be her third retail-fraud offense. The previous two were third degree, this one is second because of her prior record. She has no attorney and is set up for a pre-trial where she is pleadin...

    Daniel’s Answer

    Her incarceration depends on her Judge. The Judge has the discretion to impose anywhere from no jail time up to 1 year in jail. She is at a high risk for jail if she is incarcerated because the prior intervention of the Court did not deter her recent alleged behavior. She should hire a great lawyer to help her.

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  • Can I get a restricted license while I am on probation following 2nd OWI in Michigan?

    Thanks for reading my question! I was arrested for 2nd OWI in december 2014 my first being in july 2013. So I am technically eligible to go to the state of Michigan to request a hearing for getting a restricted license back tomorrow. I have been s...

    Daniel’s Answer

    If you were placed in a sobriety court you may be able to get a restricted license. It may be more complicated for you, given it seems that you were already sentenced. Not all courts have sobriety courts as well.

    Other than sobriety court, you will have to petition the Secretary of State for driving privileges. There are a number of steps you will need to take in order to give yourself the best chance of getting a license if you go this route. You should hire an experienced lawyer to help you.

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