When a child is born, the father generally signs the birth certificate thus “acknowledging” that he is a legal parent. If this does not happen, at a later date both parents can sign off that he is in fact the father. Additionally, if the mother and father are married there is a rebuttable presumption that the husband is the child’s father.
In today’s modern world though, families don’t always look the same. Whether the parties aren’t married, the father was not present at the birth, or the mother withheld information to prevent the father from being aware of the child or the birth sometimes the father does not get to sign the birth certificate. However, if the father does not sign the birth certificate, and has never “acknowledged” the child legally, he has no legal rights to parenting time or custody. In order to regain these rights, one must get the Judge to sign an “order of filiation” stating that you are the legal father. This comes with rights to spend time with your child, and also responsibilities of paying child support. If you wish to proceed and assert your legal right to your children, contact an experienced attorney to discuss the pros and cons with you, and make a motion to the Judge.
Order of Filiation Michigan Family Lawyer: To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.
There are several instances in which police can seize your property. First, if you are arrested police will take your personal property for safekeeping and give you a voucher. You will usually be able to reclaim this property easily after you are released from custody. However, property may also be seized as evidence in an ongoing investigation, or pursuant to a search warrant. In both of these cases it may take a very long time for your property to be returned. In some cases if you do not act affirmatively it may never be returned.
An experienced attorney can advocate for you with the Police Department, prosecutors, and ultimately get you in front of a Judge so the Police have to explain their basis for holding your property. If it doesn’t hold up, then your property will be returned. Our attorneys frequent metro Detroit courts and have built professional relationships with the Judges and in many cases even police officers who will be assigned your case. We know the procedures and quirks of the local courts and can put these to work for you to get your property back sooner.
We are Michigan Property Seizure Lawyers: To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.
Malicious Destruction of Property is a crime in Michigan pursuant to MCL 750.377(a). Once you have gone through the whole process of being charged with this crime though, you could be in for a nasty surprise. Upon receiving a conviction for Malicious Destruction of Property, your driver’s license may be suspended. Getting it back can be a significant hassle with the secretary of state. It can be easier to just fight the charge from the outset. Malicious destruction of property is a misdemeanor. Through negotiation with the prosecutor it may be possible to get the charges modified, reduced, or even dismissed. Through pleading to a different offense you may be able to avoid licensure effects entirely. Even if you have already been convicted of Malicious destruction of property we may be able to attempt to get you a retroactive diversionary sentence, or work to appeal your license suspension.
Regardless of where you are in the process, it is important to retain an attorney who is experienced in criminal law and licensure issues. At Garmo & Kiste, PLC we can negotiate with the prosecutor on your behalf to try to get your charge reduced or modified so it does not carry a licensure penalty. If your license is already suspended we can seek restoration and get you back on the road.
Criminal Malicious Destruction of Property Michigan: To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.
If you were charged with a crime as a juvenile you probably thought that your juvenile record would disappear once you were an adult. However, that is not always the case. Due to a misunderstanding of the terms of your conviction, or a reporting error it may still appear broadly, or at least to some specific agencies. If so, and you meet some other qualifications, you may be eligible for a juvenile expungement. According to the Michigan Court’s self-help section your eligibility depends on whether you can answer no to the following questions:
- Do you have a federal conviction?
- Do you have a criminal conviction in another state?
- Do you have a felony adult criminal conviction in Michigan, excluding those for which judgment of guilt was deferred?
- Were you adjudicated of an offense that if committed by an adult would be a felony for which the maximum punishment is life imprisonment?
- Were you adjudicated of a specified juvenile violation as defined in MCL 712A.2d(9)?
- Is the adjudication you want to have set aside a felony or misdemeanor traffic offense? A traffic offense is an adjudication for violating the Michigan Vehicle Code or a local ordinance substantially corresponding to that act, which violation involves the operation of a vehicle.
- Are you less than 24 years of age?
- Has it been less than five years since the date of the disposition of your adjudication, or if you were detained, has it been less than five years since you were released?
For further clarification, contact an experienced attorney today. Having a crime on your record can have many long-term effects on your life. It can make you a less desirable job candidate in this market, it can limit your ability to travel, and it can even make it difficult or impossible to get student loans. Clearing up your record is a one-time expense that is an investment in your future.
Need a Juvenile Expungement Lawyer? To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.
Biomarkers are a blood protein that can be indicative of the not only the presence of alcohol, but also usage patterns, alcohol dependency, and relapse in the case of alcoholics. They can be identified rapidly and with a high level of certainty by a simple blood test. The only confounding factor yet identified is the presence of alcohol in household and personal hygiene items such as mouthwash or hand sanitizer. Previously labs could identify indirect residue of alcohol consumption based on effects primarily to the liver and other measures of body chemistry. These tests are direct as they test for analytes of alcohol consumption. They are therefore more reliable.
What does this mean for you? If you are on bond or probation, subject to alcohol testing, or required to be abstinent as a condition of your driving privileges the level of supervision you face may be about to go up. On the other hand, as the tests become more specific and fine-tuned, there is less of a chance of a false positive and could be used to your advantage. Currently probation officers and roadside tests use PBT testing, or at the very best the datamaster. PCT is notoriously unreliable and the datamaster may give rise to many implied consent violations for those who are unable to perform the test. An experienced attorney can work to get you off of probation faster, or to get a type on non-reporting probation so that you don’t have to submit to the uncertainty of drug testing, regardless of the procedure used.
Biomarkers and Alcohol Testing: To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.
What is a plea bargain? Michigan Criminal Law: A plea bargain is an admission of guilt in exchange for a reduction in charges against you. For example, if you are charged with Retail Fraud 3rd degree, a 93 day misdemeanor with fines of up to $500 and/or three times the value of the stolen property, if you make a plea agreement you may be able to plead to a civil infraction which is punishable by just a fine. As a result you would not have any criminal record, supervision by the court, or any type of jail time or probation. This is just an example, not every crime or every retail fraud can be plead to a civil infraction. The basic idea is to plead to a lower level offense with fewer consequences that the original.
Why do plea agreements exist? If the state decided to take every criminal matter to trial they would have to hire hundreds more prosecutors to handle the volume of cases and trials are time consuming and costly. In order to promote efficiency and save money the prosecutor has a policy to plead some crimes down which usually only requires both parties to attend one or two hearings instead of a full trial. This saves both the prosecutor and you money and time.
Many people like plea agreements because they can resolve the legal matter quickly and get back to their lives.
Additionally, they don’t have to deal with the uncertainty of whether a judge or jury will find in their favor. However, it is very important to understand that by pleading guilty you waive any opportunity to prove your innocence and if you are pleading to a lesser crime or other offense that abstracts it will be on your record. It is important to consult with an attorney to see if the benefits of entering into a plea agreement outweigh the risks in your unique case. Additionally, many times prosecutors are much more open to negotiation with attorneys than people representing themselves because Prosecutors know they will have to do a lot more work to try you if you have someone who knows how the legal system works to protect your rights.
Our attorneys are regulars at metro Detroit courts. We know the judges, prosecutors and city attorneys who will be assigned to your case. We can put this experience to work for you and attempt to negotiate a plea agreement on your behalf with the result of getting your charges reduced, modified, or even dismissed.
To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.
Previously we have written about when a person with a suspended license moves to Michigan. This is a difficult situation, but what about when a Michigan resident with a suspended Michigan license moves out of state? Unfortunately this is becoming a more common occurrence as people leave the state of Michigan for job opportunities elsewhere. Procedurally these cases are very similar to a Michigan resident’s Driver’s license restoration. However, once the appeal goes through, you will be granted a clearance meaning that the hold on your license is cancelled. This means you will be free to get a new license in your new state. Our lawyers are experienced in driver’s license restoration and understand that it is inconvenient to handle a complicated administrative matter from out of state. We can handle the hassle and stress for you, allowing you to focus on more important issues.
Are you a Out of State Resident with a Revoked Michigan License? To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.
It is deer hunting season in Michigan at last! Among other regulations on deer hunting, if you sell, loan, or permit another to use a deer tag you applied for, you could be charged with a misdemeanor in the state of Michigan. The state has been cracking down on these types of violations, and if you have been charged pursuant to MCL 324.43558 you could be facing high costs, a lengthy term of reporting probation, or even jail time. The experienced attorneys of Garmo & Kiste, PLC frequent all metro Detroit courts and can negotiate with the prosecutor or city attorney who is assigned to your case and attempt to negotiate a deal.
Charged with Allowing Another to Use A Deer Tag MCL 324.43558?
To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.
Michigan is well known for its deer hunting season, but some of the hunting regulations can be very obscure. For example, if you purchase or attempt to purchase a Deer license without having first completed the hunter’s safety class, you may be guilty of a misdemeanor. The state has been cracking down on these types of violations, and if you have been charged pursuant to MCL 324.43558 or MCL 324.43558(i) you could be facing high costs, a lengthy term of reporting probation, or even jail time. The experienced attorneys of Garmo & Kiste, PLC frequent all metro Detroit courts and can negotiate with the prosecutor or city attorney who is assigned to your case and attempt to negotiate a deal.
Have you been charged with Purchase Deer License without Hunter Safety License MCL 324.43558 ? To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.
So you got the dreaded Oakland County DUI, OWI, DWI, DWVI. While Macomb County and Wayne counties are somewhat more lenient with respect to DUI charges and sentencing, Oakland county is regarded as an extremely tough County. It is unclear why this may be the case, except that Judges must live in the district in which they sit. Oakland County has many cities that are perceived as young, hip, and fun places to go out and have a few drinks. Judges living in the county and seeing such behavior may feel the need to overcompensate to protect their own cities and families. Additionally, no Judge wants to be seen as “soft on drinking and driving” or risk the wrath of potential voters.
Unfortunately those who are charged in Oakland county pay the price. While a similarly situated Defendant in Macomb or Wayne County would be unlikely to do community service and would have fewer alcohol class requirements, an Oakland County Defendant is practically guaranteed to do at least community service and a significant amount of alcohol treatment programming. An experienced attorney in the tri-county area is familiar with these trends and the quirks of individual judges. We can work to ensure you get justice and to protect your rights. Ultimately we will force the prosecutor or city to prove their case against you, or work with them to get the charges against you reduced, modified, or even dismissed. When it comes to sentencing we can present factors that weigh in your favor to avoid jail time, court fees, and fines. When it comes to terms of probation we can try to get the shortest term, or the least invasive, whatever program can be successful for you. Due to the nature of Oakland county courts, it is very important to have an advocate when facing a DUI charge.
Our attorneys are regulars at metro Detroit courts, and are at Oakland County Circuit on a weekly basis. We know the judges, prosecutors and city attorneys who will be assigned to your case. We can put this experience to work for you and attempt to negotiate an early settlement saving you time and money.
Charged with a DUI / OWI / DWI / DWVI’s in Oakland County? To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.
