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.
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.
