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Troy Michigan Debt Settlement Attorneys

Troy Michigan Debt Settlement AttorneysCredit Card and Debt Settlements – at Garmo & Kiste, PLC we are proud of the settlements we have been able to get our clients on all sorts of outstanding debts.

Here are some of our hall of fame debt settlements results:

$197,103.00 settled for $26,000.00 in Oakland County.
$100,000.00 settled for $24,000.00 in Oakland County.
$54,000.00 settled for $5,000.00 in Wayne County.
$48,000.00 settled for $8,000.00 in Macomb County.
$52,000.00 settled for $11,000.00 in Wayne County.

As you can see many of these debts were settled for mere pennies on the dollar. Even if you do not have a large lump sum available, we may be able to negotiate an upfront payment followed by a payment plan. This will stop creditors calling and can even prevent litigation.

To retain Garmo & Kiste, PLC, for assistance in debt settlements call us at (248) 398-7100 for a free consultation or contact us with a private message.

Troy Michigan Debt Settlement Attorneys: We are experienced Michigan attorneys with offices in Troy, MI and would be willing enough to take care of your debt settlements.

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When can minors possess alcohol in Michigan

When can minors possess alcohol in Michigan When can minors possess alcohol in Michigan? While minors are generally prohibited from the possession of alcohol, there are a few occasions where it is legal. First, in the course of employment with an employer that is operating pursuant to a properly obtained and maintained liquor license, a minor over the age of 18 may handle alcohol.  Secondly, a minor may consume alcohol during post-secondary coursework provided it takes place in an educational institution and with the supervision of faculty. Third, a minor may consume alcohol through practice of generally recognized religious service or ceremony provided their blood alcohol content is not higher than .02. Finally, a minor may be in the possession of alcohol if they are assisting law enforcement in a “sting” operation to ensure compliance with state and federal law. If you have received an MIP but fall under one of these categories an experienced attorney can help secure the best result in your case.

To retain Garmo & Kiste, PLC, and for assistance in Criminal Matters call us at (248) 398-7100 for a free consultation or contact us with a private message.

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Michigan Minor in Possession MIP Sentencing Options

Michigan Minor in Possession MIP Sentencing Options Michigan Minor in Possession MIP Sentencing Options, Your sentencing options with an MIP depend a lot on whether this is your first, second, or third offense. If you are between the ages of 17 and 21, then you are eligible for the Holmes Youthful Trainee Act. This means you are usually granted a term of probation, after successful completion of which your charge would be dismissed leaving your record clear. That is precisely why it is so important to hire a lawyer to represent you. The Michigan Court of Appeals has held that you are eligible for more than one HYTA sentence; however such sentencing is discretionary to the Judge. The Judge is less likely to sentence you pursuant to HYTA if you have more than one criminal conviction or have violated probation in the past. Alternatively, you may enter a plea deal with the prosecutor for a lower charge in some cases.

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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I received a MIP do I have to Tell My Parents Michigan 248-398-7100

I received a MIP do I have to Tell My Parents MichiganNo, but in many cases the police will inform them for you. If you are under 18 your parents will be given “actual notice” of the violation within 24 hours. If you are less than 17 years old and have been incarcerated they will be notified immediately. While telling your parents may seem like the worst thing in the world right now, it actually can be best to enlist them in your defense to this charge. Judges generally find it very favorable for parents and family members to appear with you at court hearings. The presence of parents demonstrates that you have a community to support you and help you make better decisions in the future. In the long run, the most important part of this is getting a favorable sentence from the Judge so you can move on with your life without this hanging over your head as a criminal record when you apply for future employment. Your parents are your allies in this attempt, and as such they should be included in your decision making where appropriate. However, if you are over the age of 18 there is a possibility you may be able to withhold this information from your family if you so desire, although it is not recommended that you do so if it may serve a detriment to your ability to put together a legal defense.

I received a MIP do I have to Tell My Parents 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.

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Harassment and Stalking in Michigan

Harassment and Stalking in Michigan Victim of Harassment and Stalking in Michigan? Hsrassment is a criminal offense in Michigan under the stalking statute which states:

750.411h Stalking; definitions; violation as misdemeanor; penalties; probation; conditions; evidence of continued conduct as rebuttable presumption; additional penalties.

Sec. 411h.

(1) As used in this section:

(c) “Harassment” means conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable individual to suffer emotional distress and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose.

If you are charged with stalking it is a very serious offense. You need an experienced attorney to represent you to prevent you from paying heavy fines, having a permanent criminal record, or even incarceration. Furthermore, our office recently handled a case where a client was convicted of stalking, was incarcerated, and completed parole successfully. However, thereafter a PPO was taken out against him, meaning that he was punished repeatedly for the same offense. Moreover, this PPO could last or be extended indefinitely. If you do not want this to happen to you, it is important to fight this charge from the very beginning. The attorneys of Garmo & Kiste, PLC have had success fighting charges of stalking and harassment, and we can put our experience to work for you in order to get these charges modified, reduced, or even dismissed.

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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Barking Dog Ticket Michigan Lawyer

Barking Dog Ticket? | (248) 398-7100 | Free ConsultationWhile your pet may seem like a member of the family, the State sees it as personal property instead. This confers responsibilities on you as the owner. Once of these responsibilities is to prevent your animal from becoming a public nuisance. You may have the right to freedom of speech and expression but your animal does not! If your neighbors find the barking of your dogs annoying or obnoxious and the Police agree, you can be cited with a “barking dog” ticket. As a civil infraction, this ticket involves fines and court appearances.

For example, the Harper Woods City Ordinance states:

The following acts, among others, are hereby declared to be loud, unnecessary, unnatural or unusual noises which annoy, disturb, injure, endanger or impair the health, comfort, safety, peace and quiet, welfare and enjoyment of the residents of the neighborhood in which the noise originates and are in violation of this chapter, but such enumeration shall not be deemed to be exclusive:

(3)

Animals and birds. The keeping of any animal or bird which by causing frequent or long continued noise shall annoy, disturb, injure, endanger or impair the health, comfort, safety, peace and quiet, welfare and enjoyment of any persons in the vicinity thereof.

If you have been cited under this ordinance or some other local municipal ordinance for public nuisance because of your pet’s barking or other noise, there are options available to you. Our experienced attorneys work in all Metro Detroit Courts and have developed relationships with the City Attorneys who will be assigned your case. We can work to get your case dismissed, or reduced to keep you out of jail, and your record clean. Even if you have multiple citations the fines may be reduced, or an agreement negotiated on your behalf. Contact Garmo & Kiste, PLC today concerning your barking dog ticket or municipal ordinance violation. To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

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Case Evaluation? | (248) 398-7100 | Free Consultation

Case Evaluation? | (248) 398-7100 | Free ConsultationOne of the most underrated components of a civil case is Case Evaluation. After the initial exchange of pleadings and discovery, each party has an opportunity to present their case to a panel of experts from the legal community who will then assign a monetary value to the Plaintiff’s claims. If the Defendant agrees to pay the amount and the Plaintiff accepts, the case is settled and disposed of. If either the Defendant is unwilling to pay the amount, or Plaintiff does not accept the amount, the case will proceed. However, it proceeds with the caveat that if it goes to trial the party that does not prevail (meaning if the Defendant has to pay more damages, or if the Plaintiff is awarded less in damages) faces stiff financial penalties. Case evaluation exists to promote the public policy of settling claims outside of Court so as not to waste the Court’s time and resources. Experienced attorneys can, through filing of case evaluation summaries and other advocacy, secure a favorable case evaluation award. This will increase your chance of a good settlement award while keeping attorney’s fees relatively low. The experienced attorneys of Garmo & Kiste, PLC are familiar with case evaluation panels and strategy, let us go 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.

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Reckless Driving versus Careless Driving | 248-398-7100 | Free Consultation

Reckless Driving versus Careless Driving | 248-398-7100 | Free ConsultationReckless Driving is a serious misdemeanor that can result in jail time and the suspension of your driving privileges. Careless driving on the other hand is a civil infraction that carries lower penalties. However, it still has ramifications. First, it is three points on your driving record. Once your record has accrued 7 points you begin to pay driver’s responsibility fees which increase with every additional point. At 12 points your driver’s license will be suspended. Further, a careless driving citation may increase insurance premiums. An experienced attorney can negotiate with the Prosecutor or City Attorney to secure a modification, reduction, or dismissal of the charges. The attorneys of Garmo & Kiste, PLC frequent Metro Detroit Courts and have developed relationships with these Prosecutors, Attorneys, and Judges. See the statutes below for reference.

257.626b Careless or negligent operation of vehicle as civil infraction.

Sec. 626b.

A person who operates a vehicle upon a highway or a frozen public lake, stream, or pond or other place open to the general public including an area designated for the parking of vehicles in a careless or negligent manner likely to endanger any person or property, but without wantonness or recklessness, is responsible for a civil infraction.

257.626 Reckless driving on highway, frozen public lake, or parking place; violation as misdemeanor; penalty.

Sec. 626.

(1) A person who violates this section is guilty of reckless driving punishable as provided in this section.

(2) Except as otherwise provided in this section, a person who operates a vehicle upon a highway or a frozen public lake, stream, or pond or other place open to the general public, including, but not limited to, an area designated for the parking of motor vehicles, in willful or wanton disregard for the safety of persons or property is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

(3) Beginning October 31, 2010, a person who operates a vehicle in violation of subsection (2) and by the operation of that vehicle causes serious impairment of a body function to another person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both. The judgment of sentence may impose the sanction permitted under section 625n. If the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of sentence.

(4) Beginning October 31, 2010, a person who operates a vehicle in violation of subsection (2) and by the operation of that vehicle causes the death of another person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not less than $2,500.00 or more than $10,000.00, or both. The judgment of sentence may impose the sanction permitted under section 625n. If the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of sentence.

(5) In a prosecution under subsection (4), the jury shall not be instructed regarding the crime of moving violation causing death.

To retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation. We are licensed Michigan attorneys, with offices in Troy, MI.


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Diversion Options? | (248) 398-7100 | Free Consultation

Diversion Options? | (248) 398-7100 | Free ConsultationWhen a person is charged with a crime, a good Attorney is always trying to think of ways to keep you out of jail, and keep your record clean.

1) Holmes Youthful Trainee Act. (HYTA) This is a Michigan statute for offenders between the ages of 17 and 21. If you are sentenced pursuant to HYTA and the sentence would be held under advisement by the Court until you have successfully completed probation or other terms. Once these terms are complete the crime is removed from your record. HYTA is not available for traffic offenses, some drug crimes, criminal sexual misconduct, and offenses where the maximum penalty is life in prison. Consent of the Prosecutor is not required, it is all up to the Judge.

2) 7411 status. If you are outside of the window for HYTA and you’re charged with a drug or possession crime only (under 25 grams) you may be eligible for 7411 status, sentence underadvisement. Again, when the Court’s terms are completed your record would be clean. Unlike HYTA, you cannot receive multiple 7411’s. Consent of the Prosecutor is not required, again, it is all up to the Judge.

3) MCL 769.4A. While few are aware, in Domestic Violence cases where the Prosecutor consents after consultation with the Victim and the Defendant has no other assaultive crimes may have their charge discharged or even dismissed, as well.

4) First Offender Program. For certain offenses if it is your first offense even if you are older than 21 you may be eligible for Oakland County’s Prosecutor’s First Offender Program, or a simple program. Under this program, you would plead guilty in exchange for a period of supervised probation, paying fines, and costs, and community service. Thereafter your case would be dismissed.

5) Delayed Sentence. On most charges the Court may also choose to delay a sentence pursuant to MCL 661.1. The sentence is delayed contingent on successful completion of probation and other terms, with the likely outcome that the charge is dismissed or reduced thereafter.

As you can see many of these sentences require extensive negotiation with a Prosecutor, City Attorney, or Judge. At Garmo & Kiste, PLC our attorneys frequent Metro Detroit Courts and have developed professional relationships with these very Prosecutors, City Attorney’s, and Judges. Once you have been charged with a crime it is all about making the best out of a bad situation. Hiring an attorney can help avoid these charges from spiraling out of control into a costly and time consuming legal processes involving jail time, a criminal record, and ramifications for your employment, licenses, applications, student loans, etc. To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

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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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