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MDOP Affects Ability to Get Homeowners Insurance

MDOP Affects Ability to Get Homeowners Insurance A conviction for Malicious Destruction of Property (MDOP) can affect your ability to get Homeowner’s insurance. Michigan has extensive statutes governing a crime called “malicious destruction of property.” The statutes outline the punishments associated with the destruction of different types of property. Many are very serious, as you may expect they include incarceration, court fees and fines, and may result in the creation of a lifetime criminal record. However, one possible ramification you may not be aware of can be expensive, burdensome, and a complete surprise: your homeowner’s insurance rates may go up. Insurance companies can assess the risk of having to pay out on any given individual based on many different factors. Their algorithms reflect that if you have this particular strike against you, you are a higher risk. At Garmo & Kiste, PLC we have developed relationships with local Prosecutor’s and City Attorneys, we may be able to get these charges reduced, modified, or even dismissed, and save you rising insurance costs among many others. While you may think it’s too expensive to hire an attorney, you could in fact be saving yourself thousands of dollars in insurance premiums every year. You can’t afford not to call Garmo & Kiste, PLC today. To retain Garmo & Kiste, PLC call us at (248) 398-7100 (248) 398-7100 for a free consultation or contact us with a private message.

Also see our other articles regarding Malicious Destruction of Property here.

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Animal Fighting Law Michigan MCL 750.49

Animal Fighting Law Michigan MCL 750.49, is the Michigan compiled law which concerns animal fighting, and makes many activities relating to animals felonies. Specifically, anyone who owns, or offers to buy or sell an animal trained for fighting is in violation of the law the same as anyone present at an exhibition. This means that anyone who has just arrived at a dog fight, as long as they are aware what was going on, is as guilty as the person who has been training the dogs for fighting and can face up to 4 year’s incarceration, $1000.00-$5000.00 fines, and up to 500 hours of community service. You may also be required to attend mental health counseling.

Other ways the statute may be violated include insufficient security in containing animals trained for fighting, or very harsh penalties for anyone whose trained animal injures another. The animal will be forfeited, the defendant will have to pay costs associated with housing and healthcare for the animal, and upon conviction the Defendant will not be permitted to own another of the same type of animal for five years.

If you have been charged with any of the above offenses you need an experienced criminal defense attorney to represent you. Otherwise you may get maximum penalties, or even be charged federally like Michael Vick.

Contact the attorneys of Garmo & Kiste, PLC today. Our attorneys frequent metro Detroit courts and have developed relationships with prosecutors assigned to your case. In the past we have been able to negotiate modifications, reductions, and even dismissals of charges. Something like this can stay on your record for a long time and contribute to difficulty finding a job or moving on with your life.

Dealing with Animal Fighting Law Michigan Charges? Judges tend to be rather heavy handed with punishments for offenses like this, contact the experienced attorneys of Garmo & Kiste, PLC at 248-398-7100.

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Driving While License Suspended Defense Attorneys

Driving While License Suspended Defense | 248-398-7100

Depending on the Court a Driving While License Suspended can be handled rather casually. This has led to a widespread misunderstanding that DWLS is a traffic infraction, when it is actually a misdemeanor that will appear on your criminal record. As a misdemeanor, you may be sentenced up to 93-days in jail and/or a fine of $500.00. Subsequent charges carry higher penalties. In addition to criminal charges, there may be licensure ramifications. Should your license be suspended or revoked for another reason, upon a conviction of Driving While License Suspended the Secretary of State will delay the date that your license will be eligible for restoration.

Additionally, if anyone is injured or killed in an accident that you are involved in while your license is suspended you may be charged with a felony punishable up to 15 years, and/or $1,000.00 to $10,000.00.

In order to avoid a criminal record, high fees, licensure ramifications, and even felony charges, it is important to retain an experienced Attorney. The attorneys of Garmo & Kiste, PLC frequent Metro Detroit Courts and know many prosecutors and judges who may be involved in your case. Our office may be able to help you get these charges reduced, modified, or even dismissed and have had many successful outcomes.

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.

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Uttering and Publishing Defense | (248) 398-7100

Uttering and Publishing Defense | (248) 398-7100 | Free CallIf 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.
In addition to the Uttering and Publishing statute, Michigan has a wide variety of fraudulent/forgery/counterfeit instrument laws. These laws ban everything from taking out a credit card in another’s name to passing off imitation leather as real, and they are filled with pitfalls for the unrepresented or inexperienced.
Forgery of records and other instruments; uttering and publishing. MCL 750.249
Forgery of bank bills and promissory notes. MCL 750.251
Possession of Counterfeit Notes. MCL 750.252
Uttering counterfeit money. MCL 750.253
Obtaining a signature by fraud. MCL 750.273- 750.274
Fraudulent Disposition of Personal Property. MCL 750.279

The most common cases under these statutes involve debit/credit card fraud, forged checks or promissory notes, bad checks, opening a card under a fictitious name, etc. Since these crimes carry such a high sentence of 1 to 14 years in prison, it is important to retain an experienced Criminal Defense Firm to protect your rights. Additionally, if convicted you will be required to pay restitution, and reimburse the victim in the full amount. The experienced attorneys of Garmo & Kiste, PLC have successfully gotten charges such as these modified, reduced, and even dismissed due to our hard work and relationships with prosecutors and other attorneys in the area.

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.


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Can I join the Military with a Criminal Record or active Personal Protection Order (PPO)?

US FlagsMichigan Consequences for Canadian Citizens Charged or Convicted of Drunk Driving / DUI / OWI Can I Join the Military / Army / Navy / Air Force / Marines / National Guard / Coast Guard with a Criminal Record, current/pending Criminal charges or an active Personal Protection Order (PPO)?

Unfortunately, having a criminal record, pending criminal charges or an active PPO could disqualify you from military service. Each branch requires applicants to meet rigorous moral character standards. At some point in the process of joining any one of the branches of the U.S. Armed Forces, you will be interviewed and required to write down any arrests, charges, juvenile court adjudications, traffic violations, probation periods, and dismissed or pending charges or convictions, including those that have been expunged or sealed.

Our attorneys have helped numerous clients facilitate their transition into the armed forces despite initial hold ups because of a criminal record, pending criminal charges or an active PPO. So should an expungment be necessary (for more information, click here), should a PPO need to be removed (for more information), or should you need legal counsel to deal with pending criminal charges call Garmo & Kiste, PLC at (248) 398-7100 or contact us with a private message.

Offenses/Moral Behavior Which Could Be Waived:

Minor Traffic Offenses. A civil court conviction or other adverse dispositions for six or more minor traffic offenses where the fine was $250 or more per offense.

Minor Non-Traffic Offenses. Received four or more civil convictions or other adverse dispositions for minor non-traffic offenses.

Misdemeanor Offenses. Those with two, three, or four, civil convictions or other adverse dispositions for what the Army considers to be a misdemeanor offense require a waiver. Waivers are not authorized for individuals with more than four civil convictions or other adverse dispositions for misdemeanor offenses.

Combinations. Received a total of four civil convictions or other adverse dispositions for a combination of minor non-traffic and misdemeanor (for example, 1 misdemeanor and 3 minor non-traffic).

Serious Offense. Any conviction or adverse disposition for what the Army considers a felony, requires a waiver.

Are you dealing with pending criminal charges? Don’t hesitate to call one of Garmo & Kiste, PLC’s attorneys at (248) 398-7100 or contact us with a private message. Your future and career could depend on it.

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Michigan Consequences for Canadian Citizens Charged or Convicted of Drunk Driving / DUI / OWI

Michigan Consequences for Canadian Citizens Charged or Convicted of Drunk Driving / DUI / OWI Are you a Canadian Citizen or Resident Charged with a Drunk Driving / DUI / OWI or other alcohol related driving offense here in Michigan?

Canadian citizens and nationals living in the province of Ontario beware that if you are convicted of Drunk Driving / OWI / OWVI here in Michigan, will be punished twice if the right steps are not taken. Michigan and Ontario maintain a treaty that requires sharing driver’s license information even though Treaties by a state and a foreign nation are prohibited by the U.S. Constitution; the treaty utilizes a little known exception to the U.S. Constitution concerning Drunk Driving / OWI / OWVI. Section 42.1 of Ontario’s Highway traffic act maintains certain New York and Michigan convictions carrying mandatory suspension of your Canadian license where the conviction itself would not cause an American in the same circumstances to lose his or her license. The ramification of a conviction for a Canadian citizen who works in the United States can be even worse. Though it carries few immigration consequences, the same as U.S. citizens with Drunk Driving / OWI / OWVI cannot freely travel to Canada. A Canadian citizen with a Drunk Driving / OWI / OWVI cannot freely travel to the US.

Below we have included a list of all Michigan laws which carry a mandatory suspension of your Canadian license.

  • Failure to stop at the scene of an accident involving injury or death of a person, under Michigan Compiled Law, Sections 257.617 and 257.617a.
  • Operation of a motor vehicle while impaired by or under the influence of an intoxicating liquor or a controlled substance, or a combination of them, under Michigan Compiled Law, Section 257.625 (3).
  • Operation of a motor vehicle with over .08 grams or more of alcohol per 100 millilitres of blood, per 210 litres of breath or per 67 millilitres of urine, under Michigan Compiled Law, Section 625 (1) (b).
  • Refusal to provide a chemical breath analysis, under Michigan Compiled Law, Section 257.625a.
  • Operation of a motor vehicle while under the influence of intoxicating liquor, controlled substance or a combination of them, causing serious impairment to a person, under Michigan Compiled Law, Section 257.625(5).
  • Operation of a motor vehicle while impaired by or under the influence of an intoxicating liquor or a controlled substance, or a combination of them, under Michigan Compiled Law, Section 257.625 (4).

See also, http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_930037_e.htm

Are you a Canadian Citizen or Resident arrested on suspicion of a Drunk Driving / OWI / OWVI here in Michigan? We know the law and have helped other Canadians keep their license and avoid additional punishments (such as being unable to travel into the US) where other attorneys have not. To retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation.

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