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Daniel P. Hilf

Daniel Hilf’s Answers

872 total


  • What should I plead and how should I handle my situation?

    I am 16 years old, I was caught shoplifting with a friend. This is my first offense. I had about 230 dollars worth of merchandise and she had 440, but they combined them and I can now be fined for up to 10x the total amount. I'm also being sent to...

    Daniel’s Answer

    If you are 16, your case will be assigned to the juvenile court. There is a strong possibility your case could be assigned to the concept calendar, which would give you the opportunity for probation without being detained and for this not to appear on your record. If your parents can hire a lawyer to help you - that would be ideal.

    It is unlikely that you will face the type of fine that you are worried about. If the merchandise was recovered and was not damaged, there probably will not be any other restitution. Fines and costs will be set in an amount you can afford.

    You are correct to be worried about how this can affect college and career. There are many licensed careers that require you to pass character and fitness evaluations to work in particular professions. Furthermore, companies do not want to hire known thieves for the most part because they are afraid the person they hire might steal from them. Hopefully this will be a learning experience for you. Again, if your parents can afford to do so - hire a lawyer.

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  • Embezzlement accusations.

    I was fired based on a 1,500 embezzlement accusation. As a manager I had to give over 8 employees my credentials to use because the owners refused to have a mutual user name and pw for the operating system. Then a week later was called by a detec...

    Daniel’s Answer

    An experienced criminal defense lawyer will be able to help you to get all the information to properly defend this accusation. It is not uncommon for a case to take months to be prosecuted due to the nature of ongoing investigations. Ultimately, if the case is presented to a prosecutor, he/she will need to make a determination if there is enough evidence to go forward. You are free to hire a lawyer to represent your interests while this case is being investigated.

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  • Should I get a lawyer for this charge?

    I'm 18 years of age and around a week ago I was involved in a car crash. I was in the passenger side of the vehicle and the accident was not our fault. however the officer asked my friend, the driver, how much he smoked that day. the conversation ...

    Daniel’s Answer

    There are a few different ways that you can pursue to not have this on your record. Your first step is to hire an experienced criminal defense lawyer.

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  • How long can my husband be held at the county jail before his arraignment? Also, how can i find out if charges has been filed?

    We are in Michigan and he was arrested Monday. He is being held at oakland county jail.

    Daniel’s Answer

    You can google "Current Oakland County Jail Inmates". You will find a PDF file that has the names of all current Oakland county inmates, the pending charges, bond amounts, and holds. You can also call the district court for the city where your husband was arrested for more information.

    If you have the ability you should hire an experienced criminal lawyer to help your husband get a fair bond and a decent defense.

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  • How do changes in the Michigan Legislature effect Sentencing terms made before that? Grandfathered in or something else?

    Took a plea agreement and was sentenced before the legislation changed. Completed all terms on my end (including probation) that I was obligated to do via sentencing but the reduced charge misdemeanor no longer exists. What legal rights do I hav...

    Daniel’s Answer

    Your question is too vague to answer. What legislation are you referring to? What is the misdemeanor that no longer exists? The person who you should consult with is the lawyer that represented you. He or she would be familiar with the terms and conditions of any plea agreement that you entered into. Generally, you should get the benefit of any agreement negotiated on your behalf if you fully complied with your end of the bargain.

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  • I do need help with my father's B2 Visa extension issue.

    When I applied B2 Visa extension for both of my parents,I mistakenly put my father as applicant but not benefitiary. Now I've only received visa extension for my mother, which means my father has stayed in U.S illegally. Please advise how to resol...

    Daniel’s Answer

    This type of an issue should be handled by an experienced immigration lawyer. You should consult with a lawyer right away - the sooner the better. When you meet with the immigration lawyer, make sure that you bring a copy of the file for review.

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  • Ticket in Michigan for leaving the scene of property damage accident, failed to stop/identify, failure to report accident

    I talked to the police prior to the ticket being issued. I'm 21, just started a decent job, have little to no available funds except what I earn weekly. Says I have to appear in court. What do I need to know & what should I do? Must I have an ...

    Daniel’s Answer

    Leaving the scene of a property damage accident is a misdemeanor offense. You should request a lawyer if you cannot afford one. A lawyer will help you get the best possible result, which may include keeping this criminal offense off your record.

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  • How do I get my record expunged?

    How do I go about getting my record expunged? How much does it cost?

    Daniel’s Answer

    Your first step is to determine whether or not you are eligible to have your record expunged. There are some offenses (such as traffic offenses, life maximum offenses, most sex offenses, etc.) for which expungement is not allowed by law. In some instances, if you have multiple convictions you are not eligible for expungement. To file a motion for expungement you have to wait 5 years if you are otherwise eligible.

    If you are eligible to obtain an expungement, there are several steps in the process, including: filing a petition with the Court that sentenced you; having fingerprints ran; providing adequate notice to the prosecution. Even if you are eligible and these steps are taken, the Judge has the discretion to say no.

    Your best chance at an expungement, if you are eligible to receive one, is to hire an experienced criminal defense lawyer to help you. What a lawyer charges for this service depends on the lawyer. Some lawyers charged more than others. However, all lawyers are not equal in terms of their skills and abilities (which does not always correlate to how much the lawyer charges). Make sure you take the time to hire the right lawyer to do the work for you.

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  • How do I get off of probation early?

    I would like to get off of probation. I have paid all my court costs. Is there a way I can get off probation early?

    Daniel’s Answer

    You can request early discharged from your probation officer and/or file a motion to request early discharge from the Judge assigned to your case. Factors that a Judge and probation consider concerning that request likely include: the length of time you have been on probation; whether or not all the conditions of probation have been completed; whether or not there have been any probation violations; the facts of the original case; your prior record and history. You should hire a lawyer if you desire to file a motion concerning this request.

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  • How much of a 270 day sentence, has to be served in Oakland county jail before release?

    Boyfriend sentenced for retail fraud 1st degree. Has been in jail since July 17, 2015

    Daniel’s Answer

    • Selected as best answer

    Generally a inmate receives 5 days per month in good time credit if sentenced to the Oakland County Jail. There are other factors that may lead to a shorter sentence including: overcrowding; trustee status; and Court ordered sentencing alternatives such as work release (which results in home tether), zero tolerance program (which results in immediate release from jail as long as drug/alcohol tests are complied with), LESP (Life and Employment Skills Program), JAWS a jail diversion program for inmates with mental health issues).

    Your boyfriend can hire a lawyer to file a motion asking the Court to allow an additional discretionary 25% time cut or participation in one of the aforementioned programs.

    Your boyfriend can find out when his outdate currently is by asking personnel at the jail. His out date is in the jail computer.

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