Legal Services Archives - Page 6 of 9 - Garmo & Kiste PLC | Troy Michigan Attorney | Lawyer 248-398-7100Garmo & Kiste PLC | Troy Michigan Attorney

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.

If all a court appearance entailed were what you see on Law and Order, you may very well not need a lawyer to represent you. You know the facts and circumstances of your own case better than anyone. However, the parts that they don’t show, the negotiation with prosecutors, case evaluations, and pretrial conferences are what actually wins or loses 9 out of 10 cases. This is where having a dedicated lawyer, and not one who is court appointed, can win your case. It can even save you time and money. For example, if you do not have an attorney you must show up to court to be arraigned, whereas if you have one this can usually be rolled in with a pre-trial conference, reducing total court time.

What happens at the pre-trial conference depends on whether your case is civil or criminal. Generally in a criminal matter this is the appropriate time to negotiate a plea bargain, attempt to get the charges dismissed, or set bond conditions if necessary. In both civil and criminal matters important dates are set, and there is an opportunity to assess the strength of each party’s case. A pre-trial conference is one of those procedural aspects of the law that can be at worst very scary, and at best a huge hassle if you are not familiar with the political process. An experienced attorney can turn this hearing into an opportunity for you. Our attorneys are regulars at metro Detroit courts and 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.

What is a pretrial conference Michigan: To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

Recently, our firm was able to help a client with a tricky driver’s license restoration problem. He had received a DUI in another state and upon moving to Michigan was informed that he would face another term of license suspension. While this may seem like double jeopardy, in fact driving is a privilege not a right. Our firm was able to negotiate a deal for him whereby he was essentially credited for the suspension he had previously completed. He now has full driving privileges in Michigan.

We are very proud of the results we were able to negotiate for this client and would love the chance to help you with your driver’s license restoration or other legal problem too. Dealing with an out of State DUI Michigan Driver’s License Suspension 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.

With 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

Were you charged with misdemeanor of open intoxication after drinking in a vehicle? Even having an open beverage in the vehicle is sufficient in some circumstances to run a foul of MCL 257.624a. For example, you may not have an “open” (but recorked) bottle of wine in the passenger compartment of your car unless it has no trunk and is not within easy access of any occupants. If you have been charged with this demeanor, it is a serious crime with serious ramifications. You may be assessed high court fines, incarcerated, and will have a permanent criminal record. An experienced attorney may be able to question the validity of the stop and search. Further, through negotiations with the Prosecutor or City attorney we can try to negotiate a modification, reduction, or dismissal of charges. At Garmo & Kiste, PLC we frequent Metro Detroit court’s and have experience with the attorneys and judges assigned to your case. Our goal is to get you sentenced pursuant to a diversionary program whereby after completing a period of probation or other court terms such as community service the crime will be removed from your record. Michigan Open Container 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.

257.624a Transportation or possession of alcoholic liquor in container open or uncapped or upon which seal broken; violation as misdemeanor; exception.

Sec. 624a.

(1) Except as provided in subsection (2), a person who is an operator or occupant shall not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger compartment of a vehicle upon a highway, or within the passenger compartment of a moving vehicle in any place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, in this state.

(2) A person may transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger compartment of a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles in this state, if the vehicle does not have a trunk or compartment separate from the passenger compartment, the container is enclosed or encased, and the container is not readily accessible to the occupants of the vehicle.

(3) A person who violates this section is guilty of a misdemeanor. As part of the sentence, the person may be ordered to perform community service and undergo substance abuse screening and assessment at his or her own expense as described in section 703(1) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703. A court shall not accept a plea of guilty or nolo contendere for a violation of this section from a person charged solely with a violation of section 625(6).

(4) This section does not apply to a passenger in a chartered vehicle authorized to operate by the state transportation department.

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.

Have you been charged as a disorderly person or with disorderly conduct? In Michigan there is a broad spectrum of behavior that counts as such. “Common Prostitutes,” “peeping toms,” and persons who fail to support their family are all considered disorderly under the Michigan statute. There are also local ordinances that may cover disorderly persons. One specific type of conduct you may be unaware of is “disorderly fighting” or the kind of rough jostling that may take place at a concert or public rally. If you have been charged as a disorderly person, either under “disorderly fighting” or another subsection, it is important to retain an experienced attorney to keep this off your record, avoid you paying high court fines, or even going to jail. At Garmo & Kiste, PLC our attorneys have developed relationships with local Prosecutors and City attorneys and can try to negotiate a better deal for you. Disorderly Person Disorderly Conduct 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.

750.167 “Disorderly person” defined; subsequent violations by person convicted of refusing or neglecting to support family.

Sec. 167.

(1) A person is a disorderly person if the person is any of the following:

A person who is found jostling or roughly crowding people unnecessarily in a public place.

(2) When a person, who has been convicted of refusing or neglecting to support his or her family under this section, is then charged with subsequent violations within a period of 2 years, that person shall be prosecuted as a second offender, or third and subsequent offender, as provided in section 168, if the family of that person is then receiving public relief or support.

If you have been cited with railroad trespassing, you are facing a misdemeanor charge that is punishable by up to 30 days in jail and or a $100.00 fine. While this is not the longest period of incarceration or highest fine, it is still a misdemeanor and will appear on your criminal record forever. This will show up on background checks for employment and could be the difference between getting a job or not in a competitive market. An experienced attorney can negotiate with the prosecutor or city attorney to get this misdemeanor reduced, modified, or even dismissed. If all else fails your attorney can request sentencing be made pursuant to a diversionary program whereby your charge will come off your record once you have completed the courts term of probation or other terms satisfactorily. Charged with Railroad Trespassing 462.273? 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.

462.273 Walking, riding, driving, or being upon or along right-of-way or yard; permission required; “right-of-way” defined; being upon, entering, or damaging buildings, rolling stock, or equipment; applicability of section; violation as misdemeanor; penalty.

Sec. 273.

(1) Except in the case of a right-of-way designated as a demonstration snowmobile trail in section 82126 of part 821 (snowmobiles) of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being section 324.82126 of the Michigan Compiled Laws, a person shall not walk, ride, drive, or be upon or along the right-of-way or yard of a railroad company operating its lines within this state, or go upon or cross the right-of-way or yard at a place other than a public or private crossing, unless having first obtained written permission from the owner or occupant railroad, its agent or servant.

(2) For purposes of this section, “right-of-way” means the track or roadbed owned by a railroad and that property owned by a railroad which is located on either side of its tracks and which is readily recognizable to a reasonable person as being railroad property or is reasonably identified as such by fencing, the existence of railroad tracks, or appropriate signs.

(3) A person shall not be upon, enter, or damage any buildings, rolling stock, or equipment of any railway company operating its lines within this state.

(4) This section shall not apply to any of the following:

1. 1. 1. 1. Passengers on trains or employees of a railroad company while engaged in the performance of the duties of their employment.
        
        An authorized representative of the railroad employees.
        
        A person going upon the right-of-way or tracks to save human life or to protect property.
        
        A person going or being upon or in the station grounds or depot of the railroad company as a passenger or for the purpose of transacting business with the railroad company.
        
        A person, members of his or her family, or his or her employees going upon the right-of-way or tracks for the purpose of crossing from 1 part to another of a farm he or she may own or lease, where the farm lies on both sides of the right-of-way.
        
        A person having written permission to go upon the right-of-way or tracks granted by the railroad company, a person using officially abandoned rights-of-way for recreational purposes, the Michigan public service commission, the state transportation department, the interstate commerce commission, or the federal railroad administration.
        
        A registered land surveyor or his or her employees for the purpose of making land surveys.

(5) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 30 days, or by a fine of not more than $100.00, or both.

Michigan has a series of laws preventing impersonation. These include a prohibition on impersonating a peace officer, and prohibition on disguising oneself with the intent to obstruct the law. The intent is critical, you cannot get in trouble for dressing up on Halloween. However, if you in any way disguise yourself and try to tell a police officer you are someone you’re not, that is where this law comes into play. If you are charged under MCL 750.217 you are facing a serious misdemeanor charge, and high fees. It is important that you retain an experienced attorney on this matter to negotiate with the Prosecutor or City Attorney to try to get these charges reduced, modified, or dismissed.

Charged with Obstructing by Disguise?

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.