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Daniel P. Hilf

Daniel Hilf’s Answers

872 total


  • 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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  • What is my 1st step.? My son is 16 and just got his 1st. ( and only) hopefully MIP FOR pot. He is a good student

    He is a good student and has good grades and is on the swim team. This is his 1st offence. What do I do now?

    Daniel’s Answer

    You should hire an experienced local criminal defense lawyer who is familiar with the Court, the Judges/Referees, and the Prosecution. Since your stepson is 16 years old, the matter will be handled by the juvenile court system. A MIP for marijuana could impact his work opportunities, educational opportunities, and driving privileges (even if the allegation does not involve driving). Since he is a good student with good grades, it is important that his case is handled the right way.

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  • After being already sentenced and legally early release from jail after completing jaws program can they come get you back?

    Haveing trouble finding aa meetings jaws case worker called threatened to return me to jail

    Daniel’s Answer

    If you are on probation as part of your sentence and you do not comply with the terms of your sentence you can be brought back to court for a probation violation. If you violate your probation you can potentially go to jail or prison (if you were sentenced to a felony or high misdemeanor charge) as part of your sentence for probation violation. It is important that you comply with all terms of your sentence, including AA and mental health treatment.

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  • I'm being charged with 2nd degree arson.

    The judge offered 51 months for my crime but my lawyer saying if I pay the victim $5000 I could only do a year or 2. Do that sound right to have to pay that much money n still have to serve time and this is my first offense? And my lawyer also say...

    Daniel’s Answer

    If you feel that your lawyer is not doing a good job you can always retain new counsel.

    With arson cases, restitution is almost always an issue.

    Your question does not provide enough information. The Judge is who ultimately decides your sentence if you are convicted. The Judge will listen to you, your lawyer, the prosecutor, and the victim (if the victim wants to make a statement) prior to deciding what sentence you receive if you are convicted. The victim, however, does not determine the sentence. Your ability to pay restitution could influence the Judge's decision, or it may influence the prosecutor in terms of a plea bargain or sentence agreement. The victim's position could influence the prosecutor in terms of offering a plea bargain or sentence agreement. If you are convicted, you will ultimately be ordered to pay restitution as part of your sentence. The offer made by the Judge of 51 months seems to be based upon what your advisory guidelines are.

    Arson is a very serious felony, even for a first offense. Prison is a strong possibility for this type of offense. Again, if you feel you need a new lawyer you should hire one.

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  • Lab negligence, County liable for issuing a bench warrant for me for a totally wrong date, I was innocent on all aspects.

    Bench warrant was issued for me stating I was positive on the 12th, I was not I actually did test that day and was negative. Lab screwed up big. A urine test showing positive for marijuana got attached to my name for the date of the 21st, the ac...

    Daniel’s Answer

    You can contact a civil lawyer to try and pursue a lawsuit. It is unlikely that you could successfully sue the Court due to judicial/governmental immunity. The laboratory, if it is an outside agency, may be more prone to a lawsuit. A civil lawyer will take a look at the particular facts of your case and make a determination if there was negligence/ a cause of action, collectability, and sufficient damages when deciding whether or not to take your case. Good luck.

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  • My sixteen year old daughter has been charged with possession of controlled substance in michigan. What are max penalties?

    First time offender. Was passenger in vehicle pulled over for traffic stop. Ordered to attend intake hearing. Informed she may get probation /curfew, drug testing, 10 week counseling program, community service and approximately 300 dollars in fine...

    Daniel’s Answer

    Your daughter will be subject to the juvenile justice system for this offense. The juvenile justice system's emphasis is on rehabilitation if she is convicted of this offense. The results in the juvenile justice system can vary: they can warn and dismiss (probably unlikely); she can receive some sort of probation; she could be confined to a juvenile detention facility; she could face a combination of detention and probation. A conviction for this offense also could result in sanctions to her ability to drive a motor vehicle.

    The juvenile referee or Judge may try to determine the severity of her drug use. If she has any sort of addition, or potential addiction, issues counseling and drug/alcohol testing will likely be part of any sentence imposed. You should have a lawyer help your daughter get the best possible result.

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  • I am a canadian citizen. I stupidly got myself arrested for retail fraud #2. hoe do I find out when my court date is ?

    I am canadian, this is a first time offence. I don't know what the next steps are. How do i find out where and when I go to court? I do not have a lot of money for an attorney.

    Daniel’s Answer

    If you received a ticket, the telephone number for the court should appear on the ticket. If you hire a lawyer, the lawyer can help you obtain that information.

    You may want to hire an experienced criminal defense lawyer. Even though you do not have a lot of money, you want to do everything you can to get a good result. A conviction on your record for retail fraud could cause you trouble, or prevent you from entering the United States. A retail fraud conviction also could result in jail time, probation with conditions, and could impact your reputation and ability to find a good job in the future.

    Many lawyers will accept credit card payments and/or payment plans.

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  • What is attempted assault? And assault by hot liquid?

    A friend of mine has been having ongoing issues with ex roommates. Recently, one intentionally dumped hot coffee all over her and her laptop at the library. The police department claimed this was not assault or intent of bodily harm and since ther...

    Daniel’s Answer

    As previously stated: pouring the coffee on your friend was either an assault and battery, or aggravated assault (depending upon if a physical injury occurred). If damage occurred to the laptop, this could also constitute malicious destruction of property.

    If the local police are unwilling to move forward, your friend may wish to contact the State police. Your friend can hire a lawyer to try and convince the police to prosecute this case.

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  • What is going to happen to me?

    I was with my friend at island lake state recreation park on 4th of July weekend and we were approached by park rangers, we got charged with possession of marijuana. We had a bag that my friend took the blame for and I had a grinder with some weed...

    Daniel’s Answer

    Having 2 open cases is not the end of the world. An experienced criminal defense lawyer will help you receive a great result. Depending on the circumstances, you might even be able to avoid having any conviction appear on a record against you and avoid incarceration. If both matters are scheduled for the same court, your lawyer might even be able to have the matters handled together. Hire an experienced lawyer immediately.

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