Another category of offense that can have serious ramifications for your immigration status is an aggravated felony. An aggravated felony is a crime for which you may be imprisoned for a term of more than one year. The categories of crimes included have been expanded several times over the past few years through federal legislation. If convicted of an aggravated felony and you are not a citizen, depending on your status you may not receive asylum, become a citizen, or enter the United States among other immigration problems. In order to avoid these results it is critical that you hire an experienced attorney to negotiate the charges.
A felony charge may be negotiated down to two misdemeanors, or to a felony that is not considered “aggravated” for the purposes of immigration. In the past we have been able to work out a plea agreement for our clients with the effect of preserving their immigration status and eligibility. As experienced Metro Detroit Attorneys we have built relationships with the local Prosecutors and/or City Attorneys who will be assigned to your case. The attorneys of Garmo & Kiste, PLC have been able to negotiate for clients in the past to get the charges reduced, modified, or even dismissed.
Need an Aggravated Felony Conviction Michigan Immigration 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.
In Michigan you are required to carry proof of insurance. The Michigan no-fault statute requires a Michigan driver to have significant insurance and to carry proof of such insurance at all times. Not having insurance at all could affect your eligibility for benefits if you are injured or killed in an accident. In order to decentivized non-compliance through the passage of MCL 500.3101. If you have altered, counterfeit, or otherwise fraudulent proof of insurance you could be charged with fraudulent insurance pursuant to MCL 500.3101a(4). This statute states:
(4) A person who supplies false information to the secretary of state under this section or who issues or uses an altered, fraudulent, or counterfeit certificate of insurance is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
An experienced attorney can fight this misdemeanor charge for you in order to protect your freedom, finances, and ability to drive. 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 modification, reduction, or even dismissals of charges for our clients. We can work to have you sentenced pursuant to a diversionary program which means after a successful period completing the courts terms such as probation and drug testing, your record will be clean!
Need Help? Fraudulent Insurance MCL 500.3101 Criminal Charges ? 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.
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:
- fraud
- arson
- blackmail
- burglary
- embezzlement
- extortion
- forgery
- larceny
- malicious destruction of property
- robbery
- theft
- And many others.
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.
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.
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.
