Attorney Daniel Hilf provides aggressive representation for persons accused of sex offenses in Auburn Hills and throughout Oakland county. He will not turn his back on you, and will fight for your best outcome no matter what the obstacle or charge if you make the smart decision to retain his services.
Sex abuse offenses are criminal allegations that have ruined and changed more lives than any other criminal offense. This area of criminal law is rampant with injustice, because cases are prosecuted without physical evidence, inconsistencies, lack of corroboration, and/or after many years of delay. When it comes to sexual abuse allegations there are many who assume the worst, which goes against the presumption of innocence and the great Constitutional rights that in theory are supposed to eliminate false convictions.
These types of criminal matters are often assigned to “special prosecutors” who only prosecute these types of cases daily, and who have specialized training in order to gain the largest number of convictions. The laws in Michigan are shaped now to give the prosecution an unfair advantage by allowing in most cases statements by the alleged victim that were at one time considered to be inadmissible hearsay, allowing in most cases the admission of other act evidence, and by harsh sentencing measures including potentially years of incarceration and sex offender registration (which may tend to encourage someone who is actually innocent to settle his or her case through a plea bargain or sentence agreement). The only way you can try to level the playing field is to obtain a great criminal law defender who has vast experience defending sex accusations, such as attorney Daniel Hilf.
The alleged victims of sexual abuse are given attention and care by “victim’s advocates” and prosecutors, which may sound good when it relates to the actual victims of sexual abuse, but it also has the tendency to reward, support, and protect persons who make false claims even when they give inconsistent and incredible statements. It is unheard of for an alleged victim of sexual assault to be prosecuted for perjury after testifying at trial, and only occurs when a complaining witness (who made a false allegation) tries to do the right thing to undo a injustice they caused by recanting their prior statement to the police. Even with recanting, the case is often not dismissed because the prosecution will argue that it is up to a jury to decide if the alleged victim was credible when he or she made the first or second statement. The sad reality is that a Defendant, who is the victim of lies and false sex abuse/rape allegations, never is given the support of a “special prosecutor” and the services of a “victim advocate” at the end of the trial when a jury acquits him or her, even though they may need such attention because their life is in financial and emotional shambles and members of the public may continue to incorrectly view the Defendant as a perpetrator. The only support that the Defendant has is his or her lawyer, and the friends and family that are willing to stand by the Defendant despite the ugly allegations made. Sometimes the family is not even able to support the Defendant due to investigations and threats made by Child Protective Services with regard to parental rights, which provides another strong reason to immediately obtain an experienced and trusted defense lawyer in your corner.
There are a number of different reasons why false allegations of sexual abuse arise, including: bias and prejudice, child custody related issues, anger, false memories, coaching of witnesses, mental illness, the need for attention, mistaken identity, etc. The ability of the defense to develop a theory or reason for the false sexual allegation is important, because the attitude of many is to question the reason why an alleged would lie about rape or sexual abuse unless they are given a credible reason as to the same. It is important to work hand and hand with your attorney to fully develop and present your defense in a credible, consistent manner.
Attorney Daniel Hilf has successfully fought against these types of charges through a combination of legal ability, hard work, investigation, extensive case preparation, and the ability to litigate. Although every case is different and results cannot be guaranteed, attorney Daniel Hilf has previously obtained acquittals and dismissals of sex offenses for clients. Types of sex offenses that attorney Hilf defends includes the following:
1. Criminal Sexual Conduct in the First Degree (CSC 1st Degree) is a capital level offense that carries the following possible penalties: a maximum of life in prison, a mandatory minimum of 25 years if the alleged victim was under 13 years, sentencing guidelines in other circumstances that call for many years in prison, and a lifetime on tether if the person convicted is ever released from prison. CSC 1st Degree is charged whenever there is sexual penetration (vaginal, anal, fellatio, cunnilingus) by any body part or foreign object upon the victim, and the presence of at least 1 of the following:
2. Criminal Sexual Conduct in the Second Degree (CSC 2nd Degree) is a felony offense that carries the following possible penalties: up to 15 years in prison, and mandatory sex offender registration. This offense involves sexual contact (touching of the genital area, groin, inner thigh, buttocks, or breast) not involving penetration, with the same aggravating factors as CSC 1st Degree (listed above).3. Criminal Sexual Conduct in the Third Degree (CSC 3rd Degree) is a felony that carries up to 15 years in prison, a minimum sentence of prison confinement, and mandatory sex offender registration. This offense involves sexual penetration with any one of the following:
4. Criminal Sexual Conduct in the Fourth Degree (CSC 4th Degree) is classified as a high court misdemeanor with a maximum sentence of 2 years in prison, and mandatory sex offender registration. This offense involves sexual contact (intentional touching of the genital area, groin, inner thigh, buttocks, or breast) not involving penetration, with any of the following:
5. Assault with Intent to Commit Penetration is a 10 year maximum felony, with mandatory sex offender registration.
6. Indecent Exposure is a 1 year misdemeanor offense, however if the Defendant is charged as being a sexually delinquent person the maximum possible penalty is up to life in prison. Sexual delinquency refers to sexual actions that are repetitive or compulsive in nature in disregard to the consequences or rights of others.
7. Child Pornography can be prosecuted under either State law or Federal law. The penalties vary depending upon whether or not the allegation involves possession (4 year maximum in Michigan), distribution (7 year maximum in Michigan), enticing a child (20 year maximum in Michigan), or manufacture of child pornography (20 year maximum in Michigan), with all offenses requiring sex offender registration upon conviction. When these offenses allegedly involve the use of a computer or a smart phone, this offense is often prosecuted along with the criminal offense of Use of a Computer in the Commission of a Felony.
8. Failure to Register as a Sex Offender is a 4 year maximum felony in Michigan. However, if there are prior conviction for the same offense, the maximum penalty becomes 7 years for a second offense, and 10 years for a third or subsequent offense. It is also possible for this offense to be prosecuted federally.
When it comes to a sex offense investigation, it is important to immediately hire an experienced sex offense defense lawyer to represent you from day one, because there are a lot of risks for an individual who does not have proper legal representation. There is always at least a small gap between the time an individual learns of an accusation and the time it takes to retain counsel. It is important to know the following in the meantime:
1. Do not believe the police. Police have the legal ability to lie, and often will do so to try and build a case (police look at lying as an “investigative tool”). They will often misrepresent or mischaracterize the evidence that they have when confronting a Defendant concerning a sex offense allegation. The goal of the police is to entice a confession, and unfortunately there are instances of innocent people making false confessions or inconsistent statements due to promises made by the police and fear.
2. Do not speak to the police. Police are trained at eliciting statements from Defendants, and using those statements to build cases. You are at a disadvantage when you are interviewed by the police, because police officers have the training, tools, interrogation techniques, and experience of obtaining confessions and other damaging statements. Even if you are innocent, the police will sometimes twist your words, and look to highlight every potential inconsistency they perceive to make it seem like you are not being honest. The police are truly not interested in your side of the story – they are interested in their side of the story (which often coincides with the complaint made by the alleged victim). If the police tells you that they are neutral, that is a lie. The best way to avoid being used by the police is to demand your lawyer and to not provide any statements.
3. Do not consent to searches without consulting with your lawyer. You are under no obligation to assist the police with searches of your property and belongings. However, if the police officer has a valid search warrant you must comply. Police officers also have the ability to take booking photographs as part of their duties which you cannot avoid.
4. Do not talk to anyone except your lawyer. Your statements are only protected by attorney client privilege if they are made to your lawyer in a private location. Otherwise your statements are likely admissible against you at a trial if the police and/or prosecution become aware of any statements made. Telling a friend or family member anything factual or damaging about your case may place them in the unenviable position of being subpoenaed by the prosecution to testify against you.
5. Always assume that telephone, computer, and other electronic communication is preserved and discoverable. All telephone calls from jail or prison are recorded, and the prosecution has the ability of obtaining those recordings to use in their case. All data stored on a computer or cell phone is always recoverable by a forensic expert, even if you are certain that it was deleted or data was otherwise written over it.
If facing a sex offense immediately contact a trusted sex offense defense lawyer, because your way of life is on the line and only a great lawyer can properly and fully defend you. A skilled lawyer can help you build the best defense to assert at trial. A skilled lawyer can help you negotiate the best possible resolution in many cases, when you don’t want to proceed with a trial. A skilled lawyer knows what options may be available to avoid a conviction or sex offender registration, and argue for the same when applicable. When it comes to a sex offense it is important to not give up hope, because the right lawyer in your corner, like attorney Daniel Hilf, may make all the difference in the world.
Troy Michigan based criminal defense attorney Daniel Hilf provides strong and solid legal assistance for:
If you have been arrested or charged with a sex related crime it is critical to contact us immediately.