Arguably finding out there is a warrant out for your arrest can be one of the scariest parts of a criminal matter. Often people have never been in trouble before, don’t know what they’re being charged with, and don’t know what to do. While we can only give general advice without knowing the details of any particular case, in general it is best to contact and attorney and make a plan to turn yourself in. Then someone who is experienced in these matters can either get your arraignment waived or accompany you to the arraignment to ensure your rights are protected and have the bench warrant removed. This initial conversation is a good time to find out what the possible long term results of the crime you have been charged with are, and how we can work to mitigate them.
While everyone who has received a drinking and driving ticket wants to get it dismissed, it is actually an extremely rare occurrence. Especially in Oakland County, the police and prosecutors have convictions down to a science and are unlikely to drop a case unless it is extremely weak.
Our office has been successful in defeating charges and has identified a few common factors. First, if the police stop was not legal you stand a much better chance of the charge being dismissed. Second, if you were not read your rights any information that came in after it would have been reasonable expected you would be read your rights is out. Thirdly, if you were not actually seen by the police driving your car it can be difficult for the prosecutor to prove beyond a reasonable doubt you were drinking AND driving. Finally, in some cases if your breath tests were performed in violation of the police’s own policies we may be able to argue they are invalid in rare circumstances.
If this does not describe your case though, don’t despair, we will still work to get you a good result. At this point our efforts will shift to sentencing, and plea negotiations. We can try to avoid you being subjected to extensive terms of probation, court costs and fines, and alcohol education and/or counseling sessions. To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.
On May 22, 2012 Governor Snyder signed into Law new updates regulating the form and function of power of attorneys. It made several changes, although the changes will not apply to powers of attorney created before the effective date of October 1, 2012. Some of the most noteworthy changes include:
- A requirement that attorneys in fact sign an acknowledgment of duties. This document does not necessarily have to be attached to the POA. It must be signed prior to exercise of duties, but failure to have it signed will not affect authority to act per se.
- Two witnesses or a notary are now required. This was always best practice, but is now codified. There is no requirement that the acknowledgment of duties be signed.
- If a spouse serves as the attorney in fact for a spouse (A common phenomenon), the new law limits the ability of the attorney in fact to grant themselves any interest in property as a joint owner. As with all requirements of the new law, this can be contracted around and in many cases should be.
- If an attorney in fact is to receive reasonable compensation this much be specifically provided for.
- A preemptive exoneration clause may not provide indemnification for attorneys in fact for behavior that is in bad faith or made with reckless indifference
The policy behind these changes is to prevent elder abuse. A power of attorney is a very powerful document because it puts almost complete power into the hands of whomever you designate. It is not to be entered into lightly. These new provisions seek to eliminate what is perceived to be a growing problem of abuse of fiduciary duties via powers of attorney. It remains to be seen whether they will work, and how courts will interpret the new provisions.
Previously juvenile court used to be a strictly rehabilitative venture. The consequences were light and the court had the best interests of the child alone at heart. As it evolved though, it became more of a punitive endeavor, taking the best interest of the public into consideration in sentencing. As a result attorneys began to get involved to protect the liberties and due process rights of the children being charged. As an example of this shift, one need only look as far as the 35th district court. In the Northville/Plymouth area juvenile offenses are now handled out of the same court as adult offenses. While there are some differences such as dedicated probation officers and the application of juvenile as opposed to adult law, this is still a dramatic difference. If you or your child have been charged in the 35th district court or any other, you need an experienced advocate to represent you. This is not the time to let your child learn a lesson, as the court has made a clear statement it is no longer playing the role of a disciplining parent but rather a punitive body. An experienced attorney can work to get you one of these “best case scenarios.”
It used to be that what happens outside of your home state will not have an effect on your driving privileges back home. However as technology has improved and the need to ensure better homeland security, 45 states across America signed the Driver’s License Compact to make sure that drivers can be easily identified and have one license and one driving record. If you are a Michigan licensed driver then for the most part you do not have to worry about out of state traffic tickets coming back to affect your license as Michigan is one of the five states that did not sign the Driver’s License Compact.
The Driver’s License Compact is an interstate compact in which member states exchange traffic violation information between each other. The reason this is done is to ensure that there is only one driver’s license per driver and one uniform driving record.
When a Michigan driver gets a traffic violation out of state, the state where the violation occurred will impose the fines and penalties. However since Michigan is not a part of the Driver’s License Compact, the out of state traffic violation will not be reported back to Michigan.
Generally, any violation in which the driver pleads guilty or is found guilty the state in which the violation took place will communicate that information back to the home state. The home state in turn will look at the violation and apply the law of the home state that substantially corresponds to the out of state violation. This only happens in states that have signed the Driver’s License Compact.
Although Michigan is not a member of the Driver’s License Compact, Michigan does have a reciprocal agreement to exchange information with Ontario and take adverse action against a driver that has broken the law.
What Should I Do If I Receive An Out Of State Traffic Ticket?
Pleading guilty to a ticket and paying the fines can have very bad consequences and should never be the solution. You should always consult with a traffic defense attorney if you have received a traffic violation in another state just to evaluate your options and see if the traffic violation will affect your license.
In many cases an attorney can fight your ticket and help you get a reduction in points and fines. Many states also do not require the personal appearance of a driver in court where a legal representative has been hired. Consulting with an experienced traffic defense attorney can help you understand the penalties of your offense and can shed some more light on how an out of state traffic ticket may affect your license in 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.
The results we got this morning in Roseville District Court are too exciting not to share! Our client was charged with a misdemeanor leaving the scene of a property damage accident and a careless driving charge. These are very serious charges carrying possible sentences of 93 days in jail, $500.00 fines, court costs, fees, and even possible licensing sanctions. We were able to negotiate with the prosecutor on his behalf and get him a plea deal where he only received a two point infraction for failure to stop within an assured clear distance. In a few years these points will fall of his driving record and most importantly, he will have no criminal record at all! This will help him in the future because it makes him a more attractive employee, will not pop up on background checks, or generally cause any trouble for him in the future.
Trespassing in Michigan is very common, and depending on the circumstances can be a felony or misdemeanor charge. You may be charged under local ordinance, or state law. Michigan law has further narrowed the crime through a series of laws prohibiting trespassing to specific locations such as railroads, or cars. Trespassing can carry heavy court fines, fees, and even jail time. An experienced attorney can negotiate with the prosecutor or city attorney to get these charges reduced, modified, or even dismissed.
The attorneys of Garmo & Kiste, PLC have experience in all Metro Detroit Courts and know the prosecutors, city attorneys, and judges who may be assigned to your case. 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.
Recently, at Garmo & Kiste, PLC we have had some success in a new area of practice we opened based on client demand. Our client ran a successful out of state business. He had inherited and then sold a house in Detroit, MI. The new owner had owned the house for five years, then defaulted on a utility payment. The Utility company misreported the default on our client’s credit report instead of the new owners. After months of calling the company and trying to resolve the matter on his own, our client became fed up and decided it was time to get an attorney’s office involved. The company was much more responsive when we said we were calling from an attorney’s office and we were able to get the problem resolved quickly.
Banks and credit agencies have been playing fast and loose with laws and consumers pocket books for years, and many have issued false negative reports on people’s credit reports. This negative feedback can cost you thousands of dollars over time as it will result in higher interest rates and other upcharges. Getting your credit to reflect accurately can be a huge hassle. Let our experienced attorneys handle it for you.
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.
Entering into a contract can seem straightforward, you may even enter them more often than you think. Every time you buy groceries, or apply for a credit card you have in fact entered into a legal contract. However, the way the law has developed there are many areas that are full of pitfalls for the unwary. An indemnification agreement is one such concept. An indemnification clause is a statement that if one party is sued based on the terms of the contract, the other party will cover any judgments or costs against them. Such agreements are regularly upheld in court. If you are signing a contract with an indemnity agreement you might benefit significantly from letting a lawyer look it over before you sign.
If you are the drafter of a contract, it is important to think carefully if you may be liable for the actions of the other party whether it may be wise to shift that liability. Experienced attorneys can bargain with the other party on your behalf to get you the exact contract you are comfortable with.
Indemnity agreements are regularly used when parties sign “boilerplate” or pre-prepared contracts. It is important to be especially wary of these, as the less experienced party may have less of an opportunity or knowledge as to how to protect their interests and rights. Additionally, they may have less power to negotiate.