Did you know that if you are carrying significant sums of money and it is determined to be related to the drug trade it may be confiscated? Many travelers carry large amounts of funds for investment purposes, in case of emergency, or for any number of other reasons. However, even a drug dog alert can be enough evidence for the DEA, or other governmental agency to seize these assets pursuant to 21 USC 881. This type of seizure is different from a Currency Reporting violation seizure.
Unless you follow the very specific procedure set out to appeal this decision, you will have no right to get this money back. The procedural requirements are very time sensitive and are steeped in bureaucracy. Our attorneys have experience dealing with the Forfeiture Counsel of the DEA, and other confiscating agencies. We can file the petition for you and handle all of the procedural matters. We have recouped funds for clients, and can use the same tried and true techniques to represent you.
Our attorneys will work to demonstrate you meet the requirements demonstrate an “innocent owner defense” or a “valid good faith and legally cognizable interest in the seized property.” Seizure agents should be held accountable and have to prove that the moneys they seized are actually related to the drug trade. If their evidence is shaky we should be able to get your money back. When you are dealing with the federal government you don’t want to go in alone. We will work to get your money back like it’s ours, because if you are not reimbursed, you don’t pay us a dime. Nationwide call our Attorneys at 877-406-6906 for a free consultation.
If there is one thing that we tell all potential clients, whether their matter is civil or criminal, it is WATCH WHAT YOU PUT ONLINE. Attorneys, court clerks, and even judges are becoming saavy to the wealth of information online. Creditors can find debtors through social media sites, and use that information to find your employer, and serve garnishee disclosures for example.
While Michigan has no fault divorce laws, that doesn’t mean that fault can’t come into determinations of alimony or child custody. So, it is critically important not to post anything that could even be construed as negative with respect to a former spouse, or former partner. Additionally, if there are any hints of a “partying lifestyle” or references to substance abuse, a Judge may see that as disregard for the law, or that you are a less fit parent resulting in harsher sentences, or unfavorable custody arrangements.
So, think before you post. What can be satisfying in the short term can have long term consequences. Also be sure you regularly check privacy settings. It is best to be “invisible” to those who are not friends or followers, “unsearchable,” or at the very least have an extremely minimal profile to the public. Generally, this is not the default on websites such as facebook, twitter, or others. Finally make sure you are regularly editing your friends or followers. Making yourself unsearchable does not help if you are still friends or followed by your former romantic partner/co-parent in hostile child custody, divorce, or Personal Protection matters.
If you have any questions about how to best protect yourself online, please contact Garmo & Kiste, PLC today! Or follow us on facebook and twitter!
It is important to note that signing a person guaranty is NOT standard practice, especially if your business has good credit or significant assets. If you have been asked to sign, are considering signing, or have already signed a personal guaranty it is a good idea to contact an attorney to assess your options. An experienced attorney may be able to negotiate for new terms of a loan whereby a personal guaranty is not required.
If you have already signed and may default, or have already defaulted we may be able to negotiate a settlement with your lender, as we have for hundreds of others, and extinguish the debt for once and for all. Additionally we can analyze the validity of the personal guarantee, and assess your options.
Maybe most importantly, we have seen many people sued individually for Debts that are not personally guaranteed, or where by the personal guarantee taken is not valid under law, we have attached several examples for your reference, Call us today, maybe we can save you $72,000.00, $22,000.00, or $52,000.00 like we did for these three.
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.
Failure to pay child support can have significant ramifications. Failure to pay can result in incarceration, additional fees, and criminal charges. In fact Felony Non-Payment of Child support is punishable by up to four years in prison, and/or a fine of up to $2000.00. If the non-paying individual has been charged with Non-Payment of Child Support previous, he or she will be subject to habitual offender sentencing enhancements. Generally Friend of the Court or the Michigan Attorney General’s office keeps a list of child support arrearages and may issue an arrest warrant allowing for extradition from anywhere in the United States. Felony Non-Payment of Child Support is a strict liability crime, meaning that upon proof that the child support is owed and has not been paid in full, the person in default is found guilty without any further proofs.
The Court has various other penalties and ways to collect past due amounts at its discretion including:
- Immediate Income Withholding.
- Tax Offset
- Bank Account Lien
- Credit Reporting
- Passport Denial and/or suspension
- Incarceration
Hiring the right attorney can help you avoid these negative ramifications. The experienced attorneys of Garmo & Kiste, PLC know the prosecutor’s who will be assigned to your case. We frequent Metro Detroit Courts and are familiar with the specific Judges and procedures. In the past we have been able to negotiate a reduction, modification, and even dismissal of the charges. Upon the demand of an attorney the Judge may hear a motion to reduce child support based on significant changes in circumstance (loss of job, poor economy, etc.). Additionally, an attorney may be able to have the child support agreement modified based on more parenting time to the defaulting individual, or a payment plan to make the payments more affordable. Finally, an attorney may fend off incarceration (or future incarceration) and negotiate for retention of your passport if circumstances require.
Retaining the right attorney can be the difference between a good result, and a bad one. In order to prevent the above legal problems, it is important to act quickly. Contact Garmo & Kiste, PLC, experienced child support attorneys with offices in Troy Michigan today. Let us put our experience to work protecting your rights, call us at (248) 398-7100 for a free consultation or contact us with a private message.
Worried about the Unauthorized Practice of Law in Michigan? While individuals have a right to represent themselves in a Court of law, if you are the President, Member, or Resident agent of a Corporation you DO NOT have the right to represent your company as the Defendant or Plaintiff in a lawsuit. In fact to do so would violate MCL 450.681, the statute prohibiting the unauthorized practice of law. So, if your LLC is getting sued, you need an attorney to represent you or else the Judge is duty bound to dismiss your pleadings and your case. As small business owners ourselves, we know that money can be tight when you’re just starting out. Our rates are very reasonable and we’ll work to get the best result for you and your business. To retain Garmo & Kiste, PLC call us at (248) 398-7100 (248) 398-7100 for a free consultation or contact us with a private message.
MCL 750.49, is the Michigan compiled law which concerns animal fighting, and makes many activities relating to animals felonies. Specifically, anyone who owns, or offers to buy or sell an animal trained for fighting is in violation of the law the same as anyone present at an exhibition. This means that anyone who has just arrived at a dog fight, as long as they are aware what was going on, is as guilty as the person who has been training the dogs for fighting and can face up to 4 year’s incarceration, $1000.00-$5000.00 fines, and up to 500 hours of community service. You may also be required to attend mental health counseling.
Other ways the statute may be violated include insufficient security in containing animals trained for fighting, or very harsh penalties for anyone whose trained animal injures another. The animal will be forfeited, the defendant will have to pay costs associated with housing and healthcare for the animal, and upon conviction the Defendant will not be permitted to own another of the same type of animal for five years.
If you have been charged with any of the above offenses you need an experienced criminal defense attorney to represent you. Otherwise you may get maximum penalties, or even be charged federally like Michael Vick.
Contact the attorneys of Garmo & Kiste, PLC today. Our attorneys frequent metro Detroit courts and have developed relationships with prosecutors assigned to your case. In the past we have been able to negotiate modifications, reductions, and even dismissals of charges. Something like this can stay on your record for a long time and contribute to difficulty finding a job or moving on with your life.
Dealing with Animal Fighting Law Michigan Charges? Judges tend to be rather heavy handed with punishments for offenses like this, contact the experienced attorneys of Garmo & Kiste, PLC at 248-398-7100.
A personal guaranty is when someone (usually the business owner) signs on a loan or line of credit for the business. Basically, it means that if the company does not have enough assets to cover the liability, the note holder may pursue the signatory personally.
If asked to sign a personal guaranty, you should think hard before you sign. Many people take out a line of credit or a small business loan to jump start their business with an infusion of cash, or even to just get started in the first place. It is tempting to see any business set-backs as temporary and not think about the long term consequences of taking on personal liability. However, many times needing these loans are a sign that the business is struggling. Even if the business if just starting out, it is important to hope for the best, but plan for the worst. If your business has poor credit, or few assets, there may be no other option but to sign a personal guaranty. Just be aware that by doing so, you are losing a lot of protections provided by the formation of the LLC, and essentially “piercing the corporate shield.” You will be required to pay this debt as you would any other personal debt such as a mortgage or car loan. If you default on it you could have a judgment entered against you or even have your wages and tax returns garnished. The lender will not care if your business has failed, is struggling, or has even gone bankrupt you will always be liable until its paid off.
For more information about Liability for a Personal Guaranty in Michigan attorney or to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation or contact us with a private message.
Were you caught urinating behind the Black Finn in Royal Oak, at Comerica Park on opening day, in Mexicantown on Cinco de Mayo, or in Corktown on St. Patrick’s day? Well you’re not alone, every year thousands of Michiganders are slapped with violations of local ordinances that are misdemeanors, which can result in up to 90 days in jail and up to a $500.00 fine. Worse yet this will create a criminal record and you could even have to register on the sex offender registry. If you have been charged with urinating in public it is a big deal, with serious legal consequences.
Hiring the right representation from the start can make the difference between getting the charges reduced or dismissed, and facing the full legal ramifications. Contact the experienced Attorneys of Garmo & Kiste, PLC today. We are Urinating in Public Michigan Misdemeanor Lawyer as we have handled these matters in all the local jurisdictions with excellent results for our clients, and in some cities outside of the Metro-Detroit area, call us for a free consultation at 248-398-7100.
Detroit’s Urinating in Public Ordinance:
Sec. 38-9-2. – Indecent exposure:
“No person shall make any indecent exposure of his or her person in any public place.”
We recently had a client charged with MCL 750.452, keeping a house of prostitution, this broad statute provides for a punishment of up to five years in prison, and fines up to $2,500.00. While the language may sound archaic (keeping a… bawdy house or any house or place resorted to for the purpose of prostitution or lewdness) the consequences are very modern and can include a lifetime of explaining your criminal record to potential employers.
Keeping a House of Prostitution Michigan: If you have been charged with this offense, an experienced attorney may be able to keep this matter off your record, or even have the charges modified, reduced, or dismissed. Contact the attorneys of Garmo & Kiste, PLC at 248-398-7100, today for a free consultation to discuss options unique to your situation.
Charged with Illegal Public Dumping Michigan? Recently one of our attorneys represented a Canadian Citizen concerning a misdemeanor charge of Illegal Public Dumping in violation of a local ordinance, through thoughtful and careful negotiations with the city attorney the Client was offered a plea deal whereby he pled to double parking, a civil infraction punishable by a fine only.
Without our representation this client may have been charged with a federal violation of the Clean Air act, resulting in minimum fines of $5,000.00- $20,000.00, and faced up to $. With the right attorney, he will now pay approximately $300.00 and have a civil infraction, rather than a misdemeanor on his record or worse. If you have been charged with a similar violation contact the experienced attorneys of Garmo & Kiste, PLC for a free consultation today!
