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Tag Archives: misdemeanor

Leaving the Scene of an Accident, Roseville

iStock 000000395814Small 300x300 Leaving the Scene of an Accident, RosevilleThe results we got this morning in Roseville District Court are too excited not to share! Our client was charged with a misdemeanor leaving the scene of an 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.

Charged w/ Leaving the Scene of an Accident, Roseville? To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

Larceny of Motor Vehicles or Trailers Michigan Lawyers

iStock 000004131346Small 300x300 Larceny of Motor Vehicles or Trailers Michigan Lawyers

Larceny of a Motor Vehicle or Trailer is a more specific kind of larceny described in MCL 750.356a. Similarly to general larceny, the charge can be either a misdemeanor or a felony depending on your criminal history, the amount of property stolen, etc. The attorneys of Garmo & Kiste, PLC have experience working in all of the metro Detroit courts with the very judges, prosecutors, and city attorneys who may be assigned your case. Our attorneys can use this experience to negotiate the charges, arrange a plea agreement, or even get the charges dropped. 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.

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.

Charged w/ Larceny of Property, need a Larceny of Property Attorney?

iStock 000005715491Small 300x300 Charged w/ Larceny of Property, need a Larceny of Property Attorney?

Charged w/ Larceny of Property, need a Larceny of Property Attorney? 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.

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.

Fraudulent Insurance MCL 500.3101 Criminal Charges

iStock 000018744507Small 300x300 Fraudulent Insurance MCL 500.3101 Criminal Charges In Michigan you are required to carry proof of insurance. The Michigan no-fault statute requires a Michigan driver to have significant insurance and to carry proof of such insurance at all times. Not having insurance at all could affect your eligibility for benefits if you are injured or killed in an accident. In order to decentivized non-compliance through the passage of MCL 500.3101. If you have altered, counterfeit, or otherwise fraudulent proof of insurance you could be charged with fraudulent insurance pursuant to MCL 500.3101a(4). This statute states:

(4) A person who supplies false information to the secretary of state under this section or who issues or uses an altered, fraudulent, or counterfeit certificate of insurance is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

An experienced attorney can fight this misdemeanor charge for you in order to protect your freedom, finances, and ability to drive. At Garmo & Kiste, PLC we have developed relationships with the Prosecutors and City Attorneys who will be assigned to your case. In the past we have been able to negotiate modification, reduction, or even dismissals of charges for our clients. We can work to have you sentenced pursuant to a diversionary program which means after a successful period completing the courts terms such as probation and drug testing, your record will be clean!

Need Help? Fraudulent Insurance MCL 500.3101 Criminal Charges ? 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.

What is a plea bargain? Michigan Criminal Law

iStock 000019215198Medium 300x300 What is a plea bargain? Michigan Criminal LawWhat 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.

Stolen Plates Charges MCL 257.256

iStock 000001235354Small 300x300 Stolen Plates Charges MCL 257.256 Have you or someone you know been charged with the misdemeanor of use of “stolen license plates”? Even if you were just borrowing the plates, you are facing a serious crime and need an experienced attorney to attempt to negotiate a deal with the prosecutor. By getting the charges reduced, modified, or dismissed you can avoid paying high court costs, going to jail, and a permanent criminal record. Stolen Plates Charges? MCL 257.256 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.

257.256 Unlawful lending or use of certificate of title, registration certificate, registration plate, special plate, or permit; unlawful carrying or display of registration certificate or plate; violation as misdemeanor; penalty; unlawful display of registration plate on commercial vehicle.

Sec. 256.

(1) A person shall not lend to another person, or knowingly permit the use of, any certificate of title, registration certificate, registration plate, special plate, or permit issued to him or her if the person receiving or using the certificate of title, registration certificate, registration plate, special plate, or permit would not be entitled to the use thereof. A person shall not carry or display upon a vehicle any registration certificate or registration plate not issued for the vehicle or not otherwise lawfully used under this act.

(2) Except as otherwise provided in this section, a person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or by a fine of not more than $100.00, or both.

(3) A person who displays upon a commercial vehicle which is required to be registered according to the schedule of elected gross vehicle weights under section 801(1)(k) any registration plate not issued for the vehicle or not otherwise lawfully used under this act is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or by a fine of not more than $500.00, or both.

Railroad Trespassing 462.273

iStock 000005072883Small 300x300 Railroad Trespassing 462.273 If you have been cited with railroad trespassing, you are facing a misdemeanor charge that is punishable by up to 30 days in jail and or a $100.00 fine. While this is not the longest period of incarceration or highest fine, it is still a misdemeanor and will appear on your criminal record forever. This will show up on background checks for employment and could be the difference between getting a job or not in a competitive market. An experienced attorney can negotiate with the prosecutor or city attorney to get this misdemeanor reduced, modified, or even dismissed. If all else fails your attorney can request sentencing be made pursuant to a diversionary program whereby your charge will come off your record once you have completed the courts term of probation or other terms satisfactorily. Charged with Railroad Trespassing 462.273? 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.

462.273 Walking, riding, driving, or being upon or along right-of-way or yard; permission required; “right-of-way” defined; being upon, entering, or damaging buildings, rolling stock, or equipment; applicability of section; violation as misdemeanor; penalty.

Sec. 273.

(1) Except in the case of a right-of-way designated as a demonstration snowmobile trail in section 82126 of part 821 (snowmobiles) of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being section 324.82126 of the Michigan Compiled Laws, a person shall not walk, ride, drive, or be upon or along the right-of-way or yard of a railroad company operating its lines within this state, or go upon or cross the right-of-way or yard at a place other than a public or private crossing, unless having first obtained written permission from the owner or occupant railroad, its agent or servant.

(2) For purposes of this section, “right-of-way” means the track or roadbed owned by a railroad and that property owned by a railroad which is located on either side of its tracks and which is readily recognizable to a reasonable person as being railroad property or is reasonably identified as such by fencing, the existence of railroad tracks, or appropriate signs.

(3) A person shall not be upon, enter, or damage any buildings, rolling stock, or equipment of any railway company operating its lines within this state.

(4) This section shall not apply to any of the following:

            1. Passengers on trains or employees of a railroad company while engaged in the performance of the duties of their employment.

            2. An authorized representative of the railroad employees.
            3. A person going upon the right-of-way or tracks to save human life or to protect property.
            4. A person going or being upon or in the station grounds or depot of the railroad company as a passenger or for the purpose of transacting business with the railroad company.

            5. A person, members of his or her family, or his or her employees going upon the right-of-way or tracks for the purpose of crossing from 1 part to another of a farm he or she may own or lease, where the farm lies on both sides of the right-of-way.

            6. A person having written permission to go upon the right-of-way or tracks granted by the railroad company, a person using officially abandoned rights-of-way for recreational purposes, the Michigan public service commission, the state transportation department, the interstate commerce commission, or the federal railroad administration.

            7. A registered land surveyor or his or her employees for the purpose of making land surveys.

(5) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 30 days, or by a fine of not more than $100.00, or both.

Sexual Conduct in a Motor Vehicle Michigan MCL 750.335.

iStock 000000493137Small 300x300 Sexual Conduct in a Motor Vehicle Michigan MCL 750.335.Sexual conduct in a motor vehicle is generally charged under MCL 750.335. It can also be cited as reckless driving though with other results. The statewide law against public lewdness is a misdemeanor and if convicted, it will be on your record forever. In order to prevent this it is best to hire an experienced attorney to try to reduce, modify, or get the charges dismissed. The best way to do this is through negotiation with the City Attorney or Prosecutor. As a final resort the Judge may be convinced to take your sentence under advisement, whereby it would be dismissed after completing the terms required such as a term of probation. Charged with Sexual Conduct in a Motor Vehicle 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.

Hosting Teenage Drinking Parties Furnishing Alcohol to a Minor Michigan

iStock 000006596793Small 300x300 Hosting Teenage Drinking Parties Furnishing Alcohol to a Minor MichiganIn Michigan it is illegal to provide alcohol to a minor. This duty is incumbent upon servers and bartenders in restaurants, older friends of minors, and even parents. The law requires a diligent search to determine the age of a person you are furnishing alcohol to. Law enforcement may even use sting operations to determine if an establishment is fulfilling their duty. If you have been charged under MCL 436.1701 you may be charged with a misdemeanor or even a felony depending on the severity of the crime. Especially if the minor went on to injure themselves or others after consuming the alcohol, you may end up facing a hefty jail sentence and serious fines.

Charged with Hosting Teenage Drinking Parties Furnishing Alcohol to a Minor Michigan? At Garmo & Kiste, PLC we have helped clients in this situation get these charges modified, reduced, or even dismissed. We can evaluate whether you are eligible for any sentencing diversions which would end up dismissing your charge after successfully completing the Court’s terms. 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.

Contributing to the Delinquency of a Minor Michigan

iStock 000003956442Small 300x300 Contributing to the Delinquency of a Minor Michigan Have you been charged under Michigan Compiled Law § 750.145 – Contributing to the Delinquency of a Minor? This charge can come about from hosting a teenage drinking party, or other delinquency. The illegal behavior is outlined in the statute below:

750.145 Minor; contributing to neglect or delinquency.

Sec. 145.

Contributing to neglect or delinquency of children—Any person who shall by any act, or by any word, encourage, contribute toward, cause or tend to cause any minor child under the age of 17 years to become neglected or delinquent so as to come or tend to come under the jurisdiction of the juvenile division of the probate court, as defined in section 2 of chapter 12a of Act No. 288 of the Public Acts of 1939, as added by Act No. 54 of the Public Acts of the First Extra Session of 1944, and any amendments thereto, whether or not such child shall in fact be adjudicated a ward of the probate court, shall be guilty of a misdemeanor.

A misdemeanor is a serious charge that can have serious ramifications. A misdemeanor charge will stay on your record forever and will appear on background checks for employment. An experienced attorney can get these charges modified, reduced, or even dismissed. At Garmo & Kiste our attorneys frequent Metro Detroit Courts and have developed relationships with the Prosecutors, City Attorneys, and Judges overseeing your case. We can negotiate a better deal or sentence for you based on the experience we have acquired. Charged with Contributing to the Delinquency of a Minor 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.