Charged w/ Larceny of Property, need a Larceny of Property Attorney?

Charged w/ Larceny of Property, need a Larceny of Property Attorney? Larceny is legalese for theft that does not meet any more specific type of theft. In Michigan, the crime of larceny is described in MCL 750.356. Depending on the value of the goods stolen, and the number of prior convictions a larceny can be either a misdemeanor or a felony carrying heavy court fees, restitution, and jail time. If you or someone you love has been charged with larceny it is important to hire an experienced criminal lawyer right away. We can make sure your rights are protected and negotiate with the prosecutor assigned to your case in order to attempt to reduce, modify, or even dismiss the charges. In some cases if you are eligible we can work to get you sentenced pursuant to a diversionary program so that after a period of probation and good behavior, your record will be clean. This is important because when it comes to looking for a job or a new apartment even if you have the same qualifications as another candidate, if you have a criminal record it makes you less desirable to employers and landlords. This is one of those cases where investing in a good attorney is an investment in your future.

To retain Garmo & Kiste on these or other matters, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

While sexting may seem like harmless fun, if either of the parties are under the age of 18 it can result in some very serious charges. The state sees this as the creation and distribution of child pornography. Even the child him or herself can be charged, and if a computer was involved at any time it can result in sentence enhancements. Sexting is a problem with no end in sight, and has been debated on TV talk shows, at school board meetings, and by parents throughout Michigan and worldwide. While most adults would like to see sexting made illegal, current Michigan law . If you or a loved one have been charged with a crime associated with sexting it is important to retain an experienced criminal lawyer to protect your rights. Our experienced attorneys are regulars at metro Detroit courts and have developed relationships with local judges, prosecutors, and city attorneys who will be assigned to your case. We can negotiate with the prosecutor to get these charges reduced, modified, or even dismissed. We can work to get you sentenced pursuant to a diversionary program so that if all goes well your record will eventually be clean.

Need a Sexting Criminal Defense Attorney? To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

Whether you are living in the dorms with an assigned roommate, or living off campus with friends, there are times when your roommate’s actions can put you at legal risk. If your roommate is committing some drug crimes such as manufacture, distribution, or even possession, in some cases you could also be charged. If the police believe you were aware of what was going on or involved you can be charged as well. If you do not hire an experienced attorney to protect your rights, you could end up going down for the same crimes as the guilty party. If you find yourself in this situation, it is important to contact an attorney sooner than later as drug charges can affect your financial aid eligibility.

An experienced attorney can negotiate for a plea agreement get the charges reduced, modified, or even dismissed. Even if you have already been sentenced we may be able to get you sentenced pursuant to a diversionary program with the effect that the charge will eventually fall off your record after a probationary period of good behavior.

Need to understand Roommate Drug Liability Michigan, call us at (248) 398-7100 for a free consultation or contact us with a private message.

Crimes can have an effect on your immigration status. Specifically, if you are convicted of a crime of moral turpitude, depending on your current status you may be deported or be nonadmissible to the country going forward. Crimes of moral turpitude are those that are considered bad or evil by their very nature such as theft, fraud, robbery, sex offenses etc. If you have immigration issues and have been charged with an offense that qualifies as a crime of moral turpitude, it is especially important that you retain an experienced attorney to assist you with these matters. Here are some crimes that have been held to involve moral turpitude:

At Garmo & Kiste, PLC we have developed relationships with the Prosecutors and City Attorneys who will be assigned to your case. In the past we have been able to negotiate modifications, reductions, or even dismissals for clients which prevents a conviction of a crime of moral turpitude from being entered against you. This can prevent immigration ramifications, high court costs, and even jail time, as well as having a criminal record.

Crimes of Moral Turpitude Michigan Attorney: 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.

Biomarkers and Alcohol TestingBiomarkers 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 LawWhat 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.

Underage Gambling Charges Michigan MCL 428.218With the three Detroit Casinos, the brand new Fire Keepers Casino in Battle Creek, and various other smaller Casinos, Michigan has quite a few gambling establishments. As such, underage gambling is becoming a problem.

Internet gambling and “charity” poker rooms can also proof tempting for those under 21, because of the monies generated, and the stiff fines imposed on the Casino or gaming institution, there has been a huge crackdown on underage gambling.

Here are the legal sanctions associated with it:

MCL 428.218:

(3) A person, or an affiliate of a person, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year in a county jail or a $10,000.00 fine, or both, for doing any of the following:

(a) Knowingly making a wager if the person is under 21 years of age or permitting a person under 21 years to make a wager.

(b) Willfully failing to appear before or provide an item to the board at the time and place specified in a subpoena or summons issued by the board or executive director.

(c) Willfully refusing, without just cause, to testify or provide items in answer to a subpoena, subpoena duces tecum or summons issued by the board or executive director.

(d) Conducting or permitting a person who is not licensed pursuant to this act to conduct activities required to be licensed under the casino, occupational, and suppliers licensee provisions in this act or in rules promulgated by the board.

(e) Knowingly violates or aids or abets in the violation of the provisions of section 7b of this act.

(f) Leasing, pledging, borrowing, or loaning money against a casino, supplier, or occupational license.

http://www.legislature.mi.gov/(S(feyav045sny4hh55dx2u3nzl))/mileg.aspx?page=getobject&objectname=mcl-432-218

http://www.michigan.gov/mgcb/0,4620,7-120-1380_57134—,00.html

Underage Gambling Charges Michigan MCL 428.218? If you or someone you love has been charged with underage gambling it is important to retain an experienced attorney, such as our attorneys to protect your rights and future. Call us at (248) 398-7100 for a free consultation or contact us with a private message

From ABC radio:

http://abcnewsradioonline.com/national-news/chuck-e-cheese-underage-gambling-hotspot.html

Have you or someone you know been charged with the misdemeanor of use of “stolen license plates”? Even if you were just borrowing the plates, you are facing a serious crime and need an experienced attorney to attempt to negotiate a deal with the prosecutor. By getting the charges reduced, modified, or dismissed you can avoid paying high court costs, going to jail, and a permanent criminal record. Stolen Plates Charges? MCL 257.256 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.

257.256 Unlawful lending or use of certificate of title, registration certificate, registration plate, special plate, or permit; unlawful carrying or display of registration certificate or plate; violation as misdemeanor; penalty; unlawful display of registration plate on commercial vehicle.

Sec. 256.

(1) A person shall not lend to another person, or knowingly permit the use of, any certificate of title, registration certificate, registration plate, special plate, or permit issued to him or her if the person receiving or using the certificate of title, registration certificate, registration plate, special plate, or permit would not be entitled to the use thereof. A person shall not carry or display upon a vehicle any registration certificate or registration plate not issued for the vehicle or not otherwise lawfully used under this act.

(2) Except as otherwise provided in this section, a person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or by a fine of not more than $100.00, or both.

(3) A person who displays upon a commercial vehicle which is required to be registered according to the schedule of elected gross vehicle weights under section 801(1)(k) any registration plate not issued for the vehicle or not otherwise lawfully used under this act is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or by a fine of not more than $500.00, or both.