Brian F. Garmo has been selected to the 2013 Michigan Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit SuperLawyers.com.
Have you been thinking about “walking away” from your home? Many people, especially those who bought between 2004 and 2006 at the top of the market, now find that even with the dust settling on the housing market, they still owe more on their home then it is worth. This is called being “underwater” on your home. In some circumstances it can make good financial sense to walk away from the home. This means to just take the negative credit reporting of a foreclosure on your record, and let the house go into foreclosure. Especially where only one of two spouses has their name on the mortgage, and no one is too emotionally invested in the house this type of “strategic exit” can make a lot of financial sense for everyone involved. Everyone that is, except for Fannie Mae and Freddie Mac. These government corporations lose out big every time a family walks away from a house secured by a note they hold. As more and more people recognize the value of walking away, they face a trend of loss. As such, the two have come together to offer a program to decentivize walking away from a property.
This program allows a homeowner to offer a deed in lieu of foreclosure. This program applies to homeowners who are current, and unlike many previous systems that required a homeowner to be in default. The homeowner gets to leave the property with limited liability, and Fannie Mae and Freddie Mac avoid the cost of foreclosing. The homeowner will release all rights to the property. One big advantage to the homeowner is that Fannie Mae and Freddie Mac waive any rights to pursue you on a deficiency. Generally if you are foreclosed on and the bank makes less then you owed them re-selling the house, the mortgage holder can pursue you for the remaining amount you owed them, which is called a deficiency. The deficiency is often thousands of dollars and the lender can pursue you for up to six years in Michigan. By taking advantage of the new program, effective March 1, 2013 you can avoid all of the hassle.
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.
If there is one thing that makes Judges scared, it is the idea of having to explain to voter’s why they are perceived as being soft on drunk driving. The result is basically a competition to see who can be the toughest on drinking offenses. A secondary effect, is that in the legal world the social drinker seems to be becoming extinct. If you find yourself charged with an alcohol related crime, or dealing with an alcohol related driver’s license restriction the court is basically going to presume you have at least an alcohol problem, and more likely that you are a full-blown alcoholic. One problem that we see when people represent themselves is their initial and natural response is to try to disprove this presumption. When we represent someone we see this as an opportunity. The court is anxious to see you rehabilitated, and if we can work with this presumption, we can show the court through counseling, AA, and periods of sobriety that you are committed to staying sober and following the court’s instructions.
Navigating the legal world can be challenging if you are inexperienced, but an able lawyer can put their experience to work for you. To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.
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.