The law provides that if you transport, attempt to transport, or cause to be transported (including by mail or other means) currency or other monetary instruments in an aggregate amount exceeding $10,000.00 or its foreign equivalent at one time from the United States to any foreign country, or into the United States from any foreign country, you must file a report with the U.S. Customs and Border Protection.  This report is called the Report of International Transportation of Currency or Monetary Instruments, FinCEN Form 105.

“Monetary Instruments” include-

1. U.S. or foreign coins and currency;
2. Travelers checks in any form;
3. Negotiable instruments (including checks, promissory notes, and money orders) that are either in bearer form, endorsed without restriction, made out to a fictitious payee, or otherwise in a form that the funds can be transferred to another person;
4. Incomplete instruments (including checks, promissory notes, and money orders) signed, but with the payee’s name omitted; and
5. Securities or stock in bearer form or otherwise in a form that the funds can be transferred to another person.

“Monetary Instruments” do NOT include-

1. Checks or money orders made payable to the order of a named person which have not been endorsed or which bear restrictive endorsements;
2. Warehouse receipts; or
3. Bills of lading.

Reporting is required under the Currency and Foreign Transaction Reporting Act (PL 97-258, 31 U.S.C. 5311, et seq.).  Failure to comply can result in civil and criminal penalties and may lead to forfeiture of your monetary instrument.  The purpose of the law is to prevent money laundering and to prevent criminal activity that is often times associated with cash transactions (i.e.- drugs).

The Government has Seized my Money.  What are My Options?  Must I forfeit my money?

All hope is not lost once the government seizes your money.  You do not have to forfeit your money as options are available.  Once the government seizes your money, it is critical to retain a lawyer immediately as time is of the essence.  You are more likely to prejudice your case the longer you wait.

When the government has seized your money, you must file a petition for relief to get your money back.  Otherwise, you automatically forfeit your money to the government.  When filing a petition for relief with the government, you will have to prove the source of your funds and that there was a legitimate use of the funds.  There is no exact science for getting your money back.  That is why it is so critical to have a lawyer represent you.  We have a record of success in dealing with the U.S. Customs & Border Protection.  Do not take the government on by yourself because your risk of failure is increased.

Has your government seized your money?  Or has the government begun civil forfeiture proceedings against you?  We know the law and have helped others fight the government and get their money back. To retain Garmo & Kiste, PLC, call Attorney Brian Garmo at (248) 398-7100 ext. 2 for a free consultation.

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.

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.

Unfortunately, you are likely liable for the debt. You could file an affidavit with your credit card company in which you attest that you did not make the charges and that these charges were unauthorized. If you timely file such an affidavit, you may not be liable for those charges. However, this might cause criminal charges to be brought against the individual using your card.

As such, most people similarly situated will do nothing in the hopes their relative or friend will make prompt repayment. Few people ever want to think that their friend or family member would ever betray them. Unfortunately, this is simply not the case.

If this has happened to you, let us help you. The Attorneys of Garmo & Kiste, PLC are experienced Debt Collection Attorneys who now specialize in Debt Collection Defense and Bankruptcy Work. In the past we learned the trade working for Credit Card Companies and Debt Collection Agencies.

Yearly we handle hundreds of collections and collections defense cases. For more information about Debt Collection Defense and Bankruptcy Work or 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.

Names are not protected by copyright law.  Publishers of publications such as a star registry copyright the text of a book containing the names the registry has assigned to stars but the registration does not extend protection to any of the individual star names appearing therein and does not confer any official or governmental status on any of the star names included.

The International Star Registry admits in its own fine print that “star naming is not recognized by the scientific community” and that “your star’s name is reserved in International Star Registry records only.” So for Valentine’s Day, don’t buy your loved one a star, your hard-earned money is better spent on a nice steak dinner or some flowers.

Founded in 1979, ISR has sold over 1 million of their full-color “Name A Star” parchment certificates.  Since there are nearly one trillion stars in our galaxy alone, selling name is like a license to print money.  For additional reading see http://www.copyright.gov/help/faq/faq-protect.html

Being a small business ourselves, our attorneys understand that starting a new business in a poor economy is no small task. Between creating a business plan that generates profit, finding financing, hiring and managing employees, and marketing your business the average small business owner has his or her hands full. But because owning a business is so taxing, so time intensive, many business owners do not consider their own legal relationship to their businesses. Small business owners who fail to insulate themselves from their businesses put themselves and their personal assets, i.e. their homes, their cars, their big screen televisions, at risk, for no reason. The responsibility for paying back debts incurred by your businesses tacked onto you personally.

Learn How to Avoid Being Sued, keep from Losing your Personal Assets, and how to Deal with Creditors and Collection Agencies.

No one wants to think their business will fail. But even Henry Ford, business magnate, entrepreneur, philanthropist, and Detroit’s own, bankrupted two car companies, before starting Ford Motor Company, the first of which never even made a car. Our attorneys hope that each business client we advise not only succeeds but flourishes. But that does not mean we don’t advise our clients to plan for the worst. Having started our legal careers as collections attorneys, it was hard not to notice a constant theme- a business collapse, a failed pizza franchise, a realty company, a certified public accountant, whatever the business, the owner now the target of our collection suit, simply because he or she did not plan for the worst, because he or she did not insulate themselves from their businesses’ debts.

Over the years, as with consumer collection matters, Garmo & Kiste, PLC has developed several low-cost tactics to protect our clients individually. Our tactics are designed to insulate the individual from their business. Whether you are a start-up business or one that has been at operating for years, it’s never too late to give our attorneys a call to see how we can help you plan for the worst.

Small Business Owners, Insulate Yourself from Personal Liability. 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.

Recently one of our attorneys was able to bring a Motion for Relief from Judgment & to Correct a Mistake in Macomb Circuit Court, concerning a ten (10) year old attempted B & E of a Motor Vehicle Felony conviction, where an expungement was not possible due to a misdemeanor conviction arising out of the same occurrence. The Judge granting our client’s request to be resentenced pursuant/under the Holmes Youthful Trainee Act (HYTA), a conviction deferral program which acts like an expungement, the Judge ruling "nunc pro tunc" meaning to retroactively correct an earlier ruling made concerning our client, effectively clearing his criminal record.

Are you ineligible for an expungement? In need of a creative solution and/or to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation.

Certainly the Car Allowance Rebate System (CARS) and the Cash for Clunkers program has not only increased automobile sales, created great dealership and automaker profits, stimulated the stagnant economy, and provided monetary relief too many consumers such as you and me. It is becoming increasingly apparent that the CARS and the Cash for Clunkers law was written without comprehensive vision and contains several pitfalls, the losses of which dealerships are trying to force on us the consumers. Our law firm now is receiving calls daily concerning the application of the CARS and the Cash for Clunkers program, and as of today we have already been retained by two clients with regard to the application of the law.

The main problem with CARS and the Cash for Clunkers program is when you purchase a new vehicle from a local dealership with the understanding that you will receive either the $3,500.00 credit or $4,500.00 credit from the federal government’s CARS program for the destruction of your “clunker” and then you enter into a contract with a 3rd party financier for the balance (or pay the balance in cash), drive off the lot in your new car, your “clunker” is then crushed, and then the federal government denies credit because the vehicle is in some way ineligible. CARS and the Cash for Clunkers programs do not consider this scenario. The legislature’s comments concerning the law seem to indicate that the loss would fall upon the dealership. However, this has not stopped dealers running promotions they should have known were not going to receive the credit from bullying consumers, wrongfully holding up transfer of title on your new vehicle, leaving harassing messages on your phone, and threatening lawsuits when the $3,500.00 credit or $4,500.00 credit from the federal government’s CARS program even though your “clunker” has already been destroyed.

Don’t let your automobile dealership bully you into reimbursing them $3,500.00 or $4,500.00 for a mistake they made regarding the eligibility of your clunker. Get the facts and know your rights. To discuss your situation or for more information about CARS and Cash for Clunkers Program and to retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation.

Some dealerships burned by CARS and the Cash for Clunkers program now require individuals to sign a contingency agreement concerning the reimbursement of the credit should your clunker be rejected by government under the program. One thing is certain- a consumer does not have to sign the contingency arrangement in order to participate in the CARS program. If your dealer requires you to sign such a contingency arrangement in order CARS program, you need to find another dealer to purchase your car from, don’t let a dealership take advantage of you.

For questions concerning the Cash for Clunker Program, CARS, and your new car’s contract and to retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation.

For more information about traffic law or to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation.

What Impact do Traffic Points have on my Driving Record?

We live in a state with a points system where every point matters and they can add up to license suspensions, revocations, all in addition to state imposed Driver’s Responsibility fees (Drivers with seven points or more on their driving record will receive yearly fee assessments). In Michigan, once points have been added to your record after a conviction, they cannot be removed for 2 years. That is precisely why you need to take every speeding ticket very seriously.

There is a direct correlation between automobile insurance rates and traffic tickets. Drivers who speed, disobey red lights, or fail to heed other signals or signs on the roadway are statistically more likely to cause damage to people and/or property. Such drivers are the ones most likely to experience automobile insurance increases.

Additionally, according to Michigan law some traffic violations are civil infractions while others are misdemeanors or felonies. Depending on the violation and how it is resolved, you may be fined, referred to a special program or, in the most serious situations, sent to jail. In most cases, if you do not take care of a traffic ticket, your driver’s license will be suspended.

Each time you are convicted of a traffic violation, you will have to pay certain court fines and costs. In addition, points may be posted to your driver record. Under Michigan’s point system, each traffic violation has a point value, which is set by law in the Michigan Vehicle Code. Points are placed on your driver record only after you have been convicted or found guilty of or responsible for a civil infraction. The Secretary of State cannot set aside a court conviction or the points for it. The following list shows the points for some traffic violations:

Points For Some Traffic Convictions*

Six Points:

• Manslaughter, negligent homicide, or other felony involving use of a motor vehicle.
• Operating under the influence of liquor or drugs.
• Failing to stop and give identification at the scene of a crash.
• Reckless driving.
• Unlawful bodily alcohol content of 0.08 or more.
• Refusal to take a chemical test.
• Fleeing or eluding a police officer.

Four Points:

• Drag racing.
• Operating while visibly impaired.
• Under age 21 with any bodily alcohol content.
• 16 mph or more over the legal speed limit.
• Failure to yield/show due caution for emergency vehicles.

Three Points:

• Careless driving.
• Disobeying a traffic signal or stop sign or improper passing.
• 11 through 15 mph over the legal speed limit.
• Failure to stop at railroad crossing.
• Failure to stop for a school bus or for disobeying a school crossing guard.

Two Points:

• 10 mph or less over the legal speed limit.
• Open alcohol container in vehicle.
• All other moving violations of traffic laws.
• Refusal of Preliminary Breath Test (PBT) by anyone under age 21.

*Please note that snowmobile and off-road vehicle (ORV) alcohol-conviction points are placed on a driver record and may result in licensing action against your driving privileges even though the violation happened while operating a snowmobile or ORV.

For more information about traffic law or to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation.

So how much will my insurance go up?

The amount of any increase and for how long you will be paying the increased rates depends on several factors, including:

1. Your driving record.

While a first offense may very well lead to an increase in insurance rates, multiple moving violations are that much more likely to have an adverse affect on the amount you pay for automobile insurance.

2. Your history/relationship with the insurance company.

If you have a long history of excellent driving while with a particular insurance company, it may take a little more to see a rate increase than it would for a driver with a similar driving history who is new to the insurance company.

3. The type of moving violation(s) in question.

Again, insurance companies are trying to determine which drivers are a safety concern and most likely to cause damage to people or property. (i.e. there is a difference, between a careless driving ticket and a traffic ticket issued for say, double parking.) However, even minor traffic tickets can and normally do lead to an increase in insurance rates.

While there are many factors to consider and it is difficult for anyone to say exactly how much a traffic ticket will increase your car insurance, traffic tickets do normally lead to higher automobile insurance rates.

For more information about traffic law or to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation.

Our Familiarity with Traffic Court…

One of the greatest advantages of hiring our firm is the connections we bring to the process. Typically we know the prosecutor and the judge and can negotiate a better deal than you could on your own. For this reason, looking for an attorney who practices in the county where you were ticketed is particularly helpful, that said we regularly practice in the counties of Oakland, Macomb, Wayne, and Lapeer. What follows below is a complete list of traffic matters, our firm has recently handled. Our track record speaks for itself.

Detroit, MI: Disobey Traffic Control Device, Speeding 65 in a 50, Reduced to Zero Points and not reported to Secretary of State.

Madison Heights, MI: Fleeing the Scene of an Accident, a misdemeanor punishable by up to 93 days in jail, Reduced to two Point Civil Infraction, no jail time and client maintains a clean record.

Troy, MI: Speeding 57 in a 40, Reduced to Zero Points and not reported to Secretary of State.

Lapeer, MI: Speeding 65 in a 50, Reduced to Zero Points and not reported to Secretary of State.

Sterling Heights, MI: Speeding 58 in a 40, Reduced to Zero Points and not reported to Secretary of State.

Royal Oak, MI: Speeding 90 in a 70, Reduced to Zero Points and not reported to Secretary of State.

Troy, MI: Failure to Stop Assuring a Clear Distance (Causing an Accident), Reduced to Zero Points and not reported to Secretary of State.

Sterling Heights, MI: Disobey Traffic Control Device, Reduced to Zero Points and not reported to Secretary of State

Novi, MI: Disobey Traffic Control Device, Speeding 65 in a 50, Reduced to Zero Points and not reported to Secretary of State

Berkley, MI: Speeding 64 in a 40, Client had a Blood Alcohol Content of 0.079, Reduced to Zero Points and not reported to Secretary of State.

Sterling Heights, MI: Speeding 63 in a 50, Reduced to Zero Points.

Sterling Heights, MI: Speeding 55 in a 30, Reduced to Zero Points and not reported to Secretary of State.

Lapeer, MI: Speeding 75 in a 55, Reduced to Zero Points and not reported to Secretary of State

Oak Park, MI: Speeding 43 in a 30, Reduced to Zero Points and not reported to Secretary of State

Warren, MI: Speeding 43 in a 30, Case Dismissed.

Detroit, MI: Disobey Traffic Control Device, Speeding 42 in a 35, Obstructed Vision. Case Dismissed.

Rochester Hills, MI: Careless Driving, Reduced to Zero Points and not reported to Secretary of State

Troy, MI: Failure to Stop Assuring a Clear Distance (Causing an Accident), Reduced to Zero Points and not reported to Secretary of State.

Lapeer, MI: Speeding 70 in a 50, Reduced to Zero Points and not reported to Secretary of State

Romulus, MI: Speeding 85 in a 70, Reduced to Zero Points and not reported to Secretary of State.

Southfield, MI: Disobey Traffic Control Device, Reduced to Zero Points.

Rochester Hills, MI: Careless Driving, Reduced to Zero Points and not reported to Secretary of State.

Clawson, MI: Speeding 50 in a 40, Withdrawn Plea, Reduced to Zero Points and not reported to Secretary of State

Berkley, MI: Speeding 46 in a 30, Reduced to Zero Points and not reported to Secretary of State.

Oak Park, MI: No Operator’s License, a misdemeanor punishable by up to 93 days in jail, Case Dismissed.

West Bloomfield, MI: Careless Driving, Reduced to Zero Points and not reported to Secretary of State

Rochester Hills, MI: Speeding 55 in a 40, Reduced to Zero Points

St. Clair Shores, MI: Speeding 95 in a 70, Reduced to Zero Points

Ferndale, MI: Failure to Stop Assuring a Clear Distance (Causing an Accident w/ a Pedestrian), Reduced to Zero Points and not reported to Secretary of State.

Farmington, MI: Failure to Stop Assuring a Clear Distance (Causing an Accident), Reduced to Zero Points and not reported to Secretary of State.

Livonia, MI: Careless Driving, Reduced to one Point. Client had a horrendous driving record with three prior accidents within the past two years.

Detroit, MI: Speeding 55 in a 40, Driving too fast for conditions, Driving in the incorrect lane. Case Dismissed.

Detroit, MI: Speeding 50 in a 40. Case Dismissed.

Rochester Hills, MI: Speeding 50 in a 40, Reduced to one Point. Client had ten prior points on his record.

Oak Park, MI: Operating While Intoxicated, a misdemeanor punishable by up to 93 days in jail, mandatory license suspension, and $2,000 + in Driver’s Responsibility fees. Case Dismissed after suppression hearing.

Oak Park, MI: Driving While License Suspended, a misdemeanor punishable by up to 93 days in jail, reduced plea, $100.00 fine, no jail time and no probation.

Farmington Hills, MI: Disobey Traffic Control Device, Reduced to Zero Points.

West Bloomfield, MI: Two Counts of Driving While License Suspended, two Probation Violations, reduced plea. All Four Counts Dismissed, no jail time.

For more information about traffic law or to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation.

Commercial Driver License

Traffic tickets for commercial drivers with commercial driver licenses (CDL) can carry more severe penalties than the same speeding ticket violations for non-commercial drivers because commercial drivers are generally considered to have an extra responsibility to traffic safety.

Commercial Drivers spend more time on the road than the average driver. Where the average person drives to work, a CDL holder drives for work. As such, the State of Michigan does its best to insure that the drivers who spend much of their time on the road are the safest and most responsible of all drivers.

For more information about traffic law or to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation.