Court Appointed vs. Retained Attorneys

We all know the famous line. “You have the right to an attorney. If you cannot afford an attorney, one may be appointed for you.” But what rights do these really confer? It can be tempting if you are charged with a crime to rely on court appointed attorneys, but this can be a risky choice. Up to 90% of people charged with a crime represented by Court appointed attorneys may be found guilty. Additionally, they are paid a certain amount per case, so it is in their interest to resolve your case as soon as possible even if it is otherwise in your best interest to take the matter to trial.

Finally, even though the attorney is appointed, you will still pay your appointed attorney, just through additional court fees and fines rather than as a retainer. In the legal market you get what you pay for. Hiring an experienced firm such as Garmo & Kiste, PLC guarantees that we will give your case all the time and attention it deserves. We will go through your file with a fine tooth comb in order to get the best results possible for your case.

Still unconvinced? Listen to this report from NPR:

When it matters for your future, retain a lawyer who has the time and resources available to devote to you!

Troy has recently begun enforcing a new “distracted driving” ordinance, after a delay to allow for the installation of proper signage. Many are calling them the the toughest texting laws in the nation as any use of a cell-phone, GPS, or other electronic device in any way except with your voice. Even getting your phone or Bluetooth in position is barred if not performed before you begin driving. Finally, the ordinance is so broad that anything that could distract you including applying make-up or petting your dog could result in you getting a ticket.  Our Attorneys at Garmo & Kiste, PLC have the necessary relationships with area prosecutors to negotiate deals, and attempt to get your ticket dismissed.

Recently our Attorneys were able to avoid both licensing ramifications and prolonged probation for a client with a Minor in Possession charge by negotiating a sentence pursuant to the Holmes Youthful Trainee Act (HYTA). Otherwise this would have been his MIP 3rd, resulting in suspension of his license for 60 days and a violation of his felony probation in Macomb County. This type of sentencing is available for offenders who are between the ages of 17 and one day shy of their 21st birthday. Though rarely used in a case like this, HYTA sentencing goes to show that creative solutions and knowledgeable attorneys can make the difference between a bad result and a success.

Everyone expects to pay a fine, and face possible insurance premium increases when they get a traffic ticket. However, something you may not expect to be slapped with is a “Driver’s Responsibility Fee.” This fee is often assessed against people for Driving While License Suspended, or any types of driving infractions which result in seven (7) points on your license. Levied by the Department of Treasury, failure to pay the driver’s responsibility fee can result in your license being suspended with no notice to you. Even if you pay it the first time, you often may not be notified that the Driver’s Responsibility fee is often charged on a recurring basis for several years.

While it may be tempting just to pay a ticket and get it over with, when you factor in the recurring driver’s responsibility fee and increased insurance premiums, it is much cheaper to hire an attorney to fight the ticket. Our experienced attorneys have gotten tickets reduced, modified,  and dismissed, for our clients. We frequent Metro Detroit Courts and have relationships with City Attorneys and prosecutors who will have been assigned your case. Let us work to negotiate a no or low points option for you and avoid Driver’s Responsibility Fees!

If you have been charged with Uttering and Publishing, the prosecutor must prove that you knowingly presented a false, altered, forged, counterfeited or fictitious instrument (e.g., check, money order, credit sales slip) with intent to defraud or cheat. The instrument need not have been accepted as good, and actual loss is not required. Uttering and publishing is a Felony offense which is punishable by up to fourteen years in prison. This charge is most commonly associated with forged and/or fraudulent checks. The maximum penalty for this offense is a felony, and the conviction carries a possible 14 year prison sentence.

Recently, our Attorneys were able to have three solicitation cases dismissed in the City of Detroit in less than 2 ½ weeks. In the past few months we have seen many innocent motorists cited with soliciting a prostitute for merely being in a bad neighborhood at the wrong time. Apparently we were not the only ones to notice as the Channel 7 Investigators published an exposee on the same issue, which you can view here. They contend that these tickets are a blatant money grab on the part of the city.

While many people seem to think that once lawyers get involved that divorces become adversarial, in reality, one of the best things you can do keep your divorce amicable is hire an attorney. Here are some additional tips: