Crimes

June 9, 2017

How to Obtain a Plea Bargain, Diversion, or Sentence Agreement

In many criminal cases the best option is to try and work out a deal and cut your losses. The question arises as to how a deal can be reached. Obviously, the person making the request is your lawyer. If you don’t have a lawyer it is best to obtain the services of an experienced criminal lawyer such as attorney Daniel Hilf of Hilf & Hilf PLC. Anything that you say can in and outside of court concerning your case can potentially be used against you. An experienced lawyer is in the best position to negotiate on your behalf.

What steps should the lawyer take in trying to obtain a plea bargain, diversion, or sentence agreement?

First, the lawyer needs to learn everything about the case through investigation. Before any attempt to resolve the case takes place the lawyer needs to know what the evidence is and what information the prosecution has. The lawyer can obtain information by making a discovery demand with the prosecution or a FOIA (Freedom Of Information Act) request. Discovery materials typically include the following: the names and addresses of witnesses; written or recorded statements; the curriculum vitae of an expert the prosecution may call at trial along with a report or written description of the expert’s proposed testimony; criminal records that the prosecution intends to use to impeach witnesses; a description of and an opportunity to inspect any tangible physical evidence that the prosecution may introduce at trial; any exculpatory information or evidence; any police report and interrogation records concerning the case; any written or recorded statements of the Defendant, a co-Defendant, and/or an accomplice; any affidavit for search warrant, search warrant, and return pertaining to a search and seizure in connection with the case; and any plea agreement, grant of immunity, or other agreement for testimony in connection with the case.

June 1, 2017

Arrested for Shoplifting at Great Lakes Crossing Mall

by Hilf & Hilf, PLC

Great Lakes Crossing Mall is a popular shopping destination due to its collection of outlet brand stores. Neiman Marcus, Off Saks, Victoria’s Secret, Forever 21, and Bass Pro Shop are a few of its known merchants. An issue that goes hand in hand with the large amount of traffic at Great Lakes Crossing and desirable merchandise is shoplifting.

Great Lakes Crossing goes to great lengths to protect its tenants. There is mall security, close circuit court, and a working relationship with the stores and Auburn Hills Police.

How do stores catch people? The stores also have mechanisms in place to protect to protect themselves from losses from retail fraud, embezzlement, and other types of theft such as:

May 24, 2017

How to beat a shoplifting charge

by Hilf & Hilf, PLC

Retail fraud is a common offense that is regularly prosecuted. Because shoplifting affects the profitability of stores, owners and corporations have taken steps to combat theft. Many stores employ a combination of manpower, technology, and aggressively prosecuting offenders as a means to address this issue.

The manpower that is used for larger chain stores is primarily in the form of asset protection (also called loss prevention). Asset prevention are trained to detect shoplifters based upon their mannerisms or based upon keeping track of persons that have been suspected of stealing from the store in the past. There is also the use of customer service to actively engage the shopper (“is there something I can help you find”) to create an impression that the shopper is being watched. Employees try to keep track of how many items are taken into dressing rooms, and to inspect dressing rooms to look for evidence of theft such as removed sensors, removed price tags, and missing items. Many larger stores also have greeters or persons that verify receipts before the customer exits the store.

Technology can be in many forms. The obvious technology are closed circuit television cameras and sensor detection devices. Other forms of technology include store designs that eliminate or reduce blind spots.

May 22, 2017

My child was arrested for shoplifting

by Hilf & Hilf, PLC

One of the worst feelings a parent can have is to hear that their child was arrested for a crime such as shoplifting. After getting over the initial shock and disappointment the question becomes what will happen next. If your child is lucky the store, police, and/or prosecution will decide not to pursue the charge. In many cases, if the child is older than 12 years old there may be some form of court intervention.

In Michigan, for petty offenses such as retail fraud, where the case is prosecuted depends upon the age of the child. For children under the age of 17 years, the matter is handled by a juvenile court. Jurisdiction for juvenile cases is usually in the county where the offense allegedly occurred, which may or may not be different from the county where the offense actually occurred. If your child is 17 years or older the case will be handled at the District Court that has jurisdiction over the case, which is where cases for adults are heard.

In both juvenile and District Court your child will have similar rights. These rights include the following:

May 15, 2017

Why Do People Steal?

by Hilf & Hilf, PLC

Why people steal is a complex question with many different possible answers:

Thrill. There is a sense of excitement for many. The thought of getting away with something can be enticing. The sense of accomplishment for outsmarting the system is intoxicating to others. The adrenaline. The satisfaction. The feeling of achievement.
Mental illness. To some, the need to steal is a compulsion. It is not always about need. Typically a kleptomaniac steals without giving much thought to whether or not he or she actually needs the item. It is not uncommon for people that steal to suffer from some form of depression.

May 10, 2017

Arrested for Retail Fraud from Target

by Hilf & Hilf, PLC

Target stores take an aggressive approach to apprehending suspected shoplifters. The reason for this is to deter shoplifting, reduce losses, and to protect the merchandise. What specifically does Target do to address retail fraud:

First, Target prosecutes for shoplifting. There are no warnings. There is no mercy. The employees involved with the theft investigation testify in courtrooms, when necessary. Target actively bans people from their stores with no trespassing orders who it suspects of shoplifting. Target has a civil law firm seek civil law settlements and judgments for damages.

Second, the store employs asset protection/loss prevention personnel that are well trained. Technology is used to help the loss prevention team, such as closed circuit television, theft detection devices, and store designs to eliminate blind spots. The loss prevention personnel have specialized training to identify behaviors of shoppers that suggest that they may commit some form of theft. Target tries to identify known shoplifters so that loss prevention is alerted whenever such a suspect enters the store so that they can be watched closely.

May 3, 2017

Retail Fraud, College Students, and Careers

by Hilf & Hilf, PLC

It is not uncommon for a college student to have a retail fraud arrest (which is also known as a shoplifting arrest). The reasons for it may include the thrill, greed, or necessity. The common element to this type of offense is that if the student committed a retail fraud he or she did not look beyond the moment. When you are young you may feel invincible, or might not look at the long term consequences.

All of this behavior is rather silly when the long term consequences are considered in light of the time, effort, and tens of thousands of dollars spent on a higher education. The bottom line is that employers do not want to hire people with theft convictions. Why? There is a fear that the employee will steal from them or from customers. Persons that do not respect boundaries when it comes to a merchant’s products may not respect boundaries when it comes to the workplace and company assets. Also, there are plenty of other people looking for jobs to choose from that do not have shoplifting convictions.

The government also recognizes that persons with theft convictions should be either highly scrutinized or prevented from obtaining certain types of jobs. Many jobs that require licensing such as lawyers, doctors, nurses, accountants. etc, mandate that the person obtaining the license pass fitness and character background checks.

April 30, 2017

Received ticket in the mail

by Hilf & Hilf, PLC

It is not uncommon for a police officer to mail out a ticket, or for a court to send out notice of a traffic offense or misdemeanor in the mail. The ticket will have on it the name of the offense, the location where the offense needs to be handled, and a date by which the ticket or offense needs to be addressed.

There are several reasons why the notice is sent out by mail, rather than given at the time of the alleged offense:

Sometimes there is an ongoing investigation that needs to be completed before a decision can be made concerning a charge. Examples of this include: in a DUI case the police are waiting to determine the blood alcohol level from a blood sample; in a possession of a controlled substance case the alleged contraband needs to be tested to confirm the nature of the substance; the officer needs to conduct additional interviews to determine whether or not there is probable cause that an offense occurred;

April 21, 2017

DWLS and Foreign Driver’s Licenses

by Hilf & Hilf, PLC

In Michigan, individuals must have proof of legal citizenship or legal presence in the United States in order to obtain a valid driver’s license. Undocumented and illegal aliens at the present time are not eligible to obtain a Michigan driver’s license. Most aliens (including undocumented aliens) and most other non-residents of Michigan can protect themselves from accusations of Driving Without a License by taking the steps outlined by Michigan Compiled Law 257.302a.

This law states that non-residents are not required to obtain a Michigan driver’s license to drive in Michigan. In order to drive legally the non-resident must do the following:

Make sure that your home country is part of an international treaty or other agreement that is recognized by Michigan. The following countries are treaty countries:

April 20, 2017

Lawyer for Family Member in Jail

by Hilf & Hilf, PLC

When a family member is arrested, there is often a period of concern and worry because the family member cannot be reached. Sometimes the family member is deprived of the ability to use a telephone during their initial period of incarceration. A lawyer has greater access to see persons incarcerated, because the 6th Amendment to the United States Constitution guarantees the right to be represented by counsel. The following are some obstacles that a person has while initially incarcerated.

The family may have concerns about the general health and well being of the incarcerated family member. This is especially true when the family member has a physical or mental health issue and needs to receive proper medication. In many instances jails deny persons incarcerated proper medical care and proper medication. The intervention of a lawyer sometimes can correct this situation.
The family may have concerns that the incarcerated family member’s rights are not being protected. Often after an arrest a police agency will attempt to obtain a statement from the person arrested concerning what allegedly occurred. An individual who speaks to the police, especially without consulting with a lawyer, is at a great disadvantage. Police officers are trained at gathering evidence, which includes obtaining statements that are or seem to be incriminating. Police officers also sometimes try to obtain consent to perform searches of property. Sometimes the consent given can undermine the case or defense. Police are not supposed to question a Defendant that it knows is represented by a lawyer.