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Questions Answered by Daniel Hilf

1 Answer | Asked in Civil Rights and Criminal Law for Michigan on

Q: Can winning a civil case be used to overturn a criminal conviction?

Can a civil case win be introduced as new evidence in a criminal case and get a conviction overturned?

Daniel Hilf answered on Aug 20, 2019

Depending upon the facts and circumstances, it could potentially form the basis for appellate relief (if an appeal is still available) or a motion for relief from judgment. You should consult with an appellate lawyer to see what, if any, potential grounds for relief are available.

1 Answer | Asked in Criminal Law for Michigan on

Q: I hired an attorney to sue a moving company that their three movers stole my 4 ft jewelry box full of my life collection

Court date is Aug 29th but the case evaluation was this week and they recommended a $6,000 judgement. We were asking for $22,000. The 3 suspects all had criminal backgrounds I found out through the police report. My attorney just wants to settle for that but I do not. I want my day in court. Is the... Read more »

Daniel Hilf answered on Jul 26, 2019

Do you have a fee agreement with your lawyer? That will dictate what you and your lawyer's financial and other obligations are.

You have a right to have a trial. However, you should talk to your lawyer about the advantages and disadvantages of having a trial. There may be a financial...
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1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on

Q: Can a plea deal be appealed after you're sentenced?

I took a plea deal for domestic violence in a case i was innocent of, my court appointed attorney advised me to because my ex wife and her friend would make up any story they could to get me in trouble, can I appeal it?

Daniel Hilf answered on Jul 24, 2019

If you plead guilty, you can have a lawyer file an Application for Leave to Appeal with a higher court (if the request is made timely). The higher court will look at the Application for Leave to Appeal, and decide on the Application alone whether or not the Court will hear the appeal. In most... Read more »

1 Answer | Asked in DUI / DWI for Michigan on

Q: It been 4-5 months now since I got arrested?

Got arrested for my 2nd DUI and haven't got an letter by mail from the court? Should I call or wait? I getting worried.

Daniel Hilf answered on Jul 21, 2019

Sometimes there are delays if a blood draw was involved in the case, because it takes quite a bit of time to have the sample tested at the laboratory. You can hire a lawyer at anytime to represent you - you do not have to wait to be charged to hire a lawyer. A lawyer can give you great advice,... Read more »

2 Answers | Asked in Criminal Law for Michigan on

Q: I let a girl borrow my car. She stole $510 out of my purse. Can I press charges?

Daniel Hilf answered on Jun 10, 2019

You can file a police report with the police department where the offense occurred. The police will likely conduct an investigation. If the investigating officer believes there is probable cause, the case will be presented to the prosecutor. The prosecutor will then determine what, if any,... Read more »

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3 Answers | Asked in Criminal Law for Michigan on

Q: I have not been arrested but have been threatened with embezzlement charges.

I am the Cubmaster/Treasurer/Den leader of my local Cub Scout Pack. I had reported fraudulent charges on the acgreecount. When I was called in to get my statement it was more like an interrogation and the green officer (who has never done this kind of thing before) was fishing to find something I... Read more »

Daniel Hilf answered on Mar 12, 2019

Under the circumstances that you describe, you need a lawyer right away. I would not recommend making any further statements about this allegation to the police or anyone else. Your question does not indicate what city the allegation concerns. Please feel free to call me at either 248-792-2590... Read more »

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1 Answer | Asked in Criminal Law for Michigan on

Q: How can you prove innocence in a probation violation if the police only took one side of the story and turned it in?

My x wife told cops I violated my no contact order with her when in fact I only ever contacted her mom to set up visitation for me and my kids! She had to have told police that my messages to my mother in law's phone were to herself pretending the phone was hers and no police ever tried to contact... Read more »

Daniel Hilf answered on Nov 30, 2018

You need a lawyer to help you. A probation violation, if admitted to or proven, could lead to incarceration.

Your lawyer will obtain a copy of the violation against you, which may contain more specific information concerning the date, time, and location of the alleged violation(s). There...
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1 Answer | Asked in Constitutional Law for Michigan on

Q: Can you carry a concealed pistol in Michigan without a CPL? I heard they passed a law allowing this

Daniel Hilf answered on Nov 9, 2018

No. This would be considered a felony offense if the person was prosecuted. Pursuant to Michigan Compiled Law 750.227 the maximum penalty for this offense is up to 5 years in prison, or a fine of not more than $2500.

1 Answer | Asked in Criminal Law for Michigan on

Q: What's the punishment for a 25 year old female hitting a 17 year old female.

Daniel Hilf answered on Nov 9, 2018

Presuming that there is no type of aggravating injury, the maximum penalty for assault and battery is 93 days in jail and/or up to 2 years of probation. However, the Judge is not required to impose any type of jail if a conviction occurs.

1 Answer | Asked in Domestic Violence for Michigan on

Q: How long can someone go to jail for first time domestic assault?

Daniel Hilf answered on Nov 9, 2018

This offense carries a maximum jail sentence of 93 days in Michigan. It is recommended to hire a lawyer for this type of case.

1 Answer | Asked in Criminal Law for Michigan on

Q: How can I find out if there is a warrant for my arrest? I've called but nobody will give me a straight answer.

I had a fight last weekend.

Daniel Hilf answered on Sep 26, 2018

You can either hire a lawyer to help you, or you can call the court that would have jurisdiction to see if there are any outstanding matters with your name. If you discuss the alleged facts with anyone, please be mindful that anything that you say could be used against you.

2 Answers | Asked in DUI / DWI for Michigan on

Q: How long will a DUI stay on my record if I comply with officials and do everything they say?

Daniel Hilf answered on Sep 25, 2018

A DUI in Michigan will always remain on your criminal record and driving history. Under current Michigan law, the offense cannot be expunged.

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1 Answer | Asked in Criminal Law for Michigan on

Q: If a person has no driver's license, no insurance, has someone else plate. Also second accident just off probation. How

How much time will he serve in jail? Can this be seen as a habitual offender?

Daniel Hilf answered on Sep 18, 2018

The charges are likely to be misdemeanor charges. Driving while license suspended is a 93 day misdemeanor, that can be enhanced to a 1 year maximum misdemeanor if you have a prior conviction for the same. No insurance is a 1 year maximum misdemeanor (it can be charged as a civil infraction as No... Read more »

1 Answer | Asked in Criminal Law for Michigan on

Q: What is the best way or how should I defend myself. How can they charge me with theft when I had No intention of it.

My friend drives semi and I don't see him but couple times in a month. Wallet had No I.d cash or cards. In it was CPR and ems certs and his daughters SSN. I put wallet in my vehicle and finished building the dog kennel he wanted. A few weeks went by. I was pulled over for no license plate light... Read more »

Daniel Hilf answered on Sep 17, 2018

Defending yourself in court is not the right option. Hiring a lawyer to properly defend you is your best course of action.

With any theft allegation the prosecution must prove intent. Any reasonable doubt concerning intent means the verdict should be not guilty.

Your lawyer will...
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1 Answer | Asked in DUI / DWI for Michigan on

Q: First DUI charge with no priors. I was pulled over for a tail light being out. I blew .003 over, but had blood taken.

I was cooperative, but confused and assumed a blood test would read lower. I now know that it was a mistake and considered a refusal. When I realized my error, I asked to blow instead, but was told it was too late. He threatened to strap me down and take the blood plus charge me with a felony. At... Read more »

Daniel Hilf answered on Sep 3, 2018

If arrested for drunk driving in Michigan, you will be required to take a chemical test to determine your bodily alcohol content (BAC). Under Michigan's Implied Consent Law, all drivers are considered to have given their consent to this test. If you refuse a test, six points will be added to your... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Identity Theft for Michigan on

Q: What can I sue someone for as the victim of an assault and battery and larceny from a car?

Criminal charges are being persued, the 'suspect' has been arrested and arraigned. He punched me in the face twice, knocking my front tooth out. He was the passenger in my car I was DRIVING, so i parked and demanded he get out. He refused, so i got out. Whwn he hit me he knocked off my glasses, and... Read more »

Daniel Hilf answered on Aug 22, 2018

You were the victim of an intentional tort (assault and battery) and can pursue a civil lawsuit against him. The lawsuit can be filed as a small claims matter (where you represent yourself in court), however your recovery will be limited. You, or a lawyer retained to represent you, can file a... Read more »

1 Answer | Asked in Criminal Law for Michigan on

Q: my wife and i had an argumentative, shoving match that caused me to be arrested and charged 2 DV.

no charges was pressed and it involved our 14 yr old niece who is already on house arrest. now cps is involved but because i cannot have contact with neither, i don't know what to expect at trial. nor do i know what the niece may have said to cps. i work in public school system, therefore i would... Read more »

Daniel Hilf answered on Aug 22, 2018

Your question is not 100% clear. The first sentence indicates that you were "arrested and charged 2 DV". The second sentence indicates that "no charges were pressed". The question also indicates that there is CPS involvement.

Is this case being pursued in a district court, or a family...
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1 Answer | Asked in Child Support and Criminal Law for Michigan on

Q: My brother was arrested for owing $50,000 in child support. What is the possibility of him doing jail/prison time?

Daniel Hilf answered on Aug 20, 2018

A lot depends upon his Judge, your brother's prior record, and his sentencing guidelines. In most cases, the Court is more interested in payment. If the Court imposes a probationary sentence, they have an opportunity to hold jail or prison over his head if he does not make payments. He should... Read more »

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