Garmo & Kiste: May 2014

Monday, May 12, 2014

Law Enforcement Develops Marijuana Breathalyzer

Release Imminent: Law Enforcement Develops Marijuana Breathalyzer:

What a long strange trip it has been indeed, with respect to the various legal iterations of our society’s relationship with marijuana. What was first medicine was then criminalized, before being re-legalized for medical purposes at the state level in many states (including Michigan), and has now been decriminalized for recreational purposes in Colorado, Washington, and many Michigan cities. As the recent changes were largely effected by referendum legislator made law has failed to keep up with the changing times.

As such, law enforcement thinks it is high time for regulation to catch up. Researchers who believe that driving while under the influence of marijuana as driving under the influence of alcohol believe they may have finally come up with a new solution in an older form: the breathalyzer. The idea is that a simple breath test could reveal the presence of THC (the active chemical in marijuana) in the body. While breathalyzers are notoriously unreliable even for alcohol, this particular type of Breathalyzer has unique challenges.

The marijuana Breathalyzer can only detect THC, according to the study, 30 minutes to two hours after smoking. Those who smoke regularly may have a positive reading after up to a week of abstinence, much like the increased recovery time of heavy users in urine tests. This is problematic as it means that a person could be arrested for driving while under the influence of marijuana up to a week after using what is now a legal recreational substance. Furthermore, there are no safeguards yet in place for those who have a medicinal marijuana card. Additionally, this study Finally, even those who are very impaired who smoked even 30 minutes prior to the test may pass in some instances.

While we do not endorse driving while impaired, our experienced attorneys feel that this new Breathalyzer may present serious legal issues as applied to our clients. Hopefully by the time it gets out of the development stage these kinks have been worked out to ensure that those who are exercising their legal rights are not ensnared by these regulations.

http://www.hightimes.com/read/marijuana-breathalyzer-close-reality

To retain Garmo & Kiste, PLC, for assistance in these matters please contact 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.

Improper Transporting of Medical Marijuana in Michigan

Medical Marijuana is recognized as a legal substance for registered patients in the state of Michigan. Patients with recognized conditions may use and carry the drug legally under Michigan Law. Patients may apply for and receive an ID card from the State which provides legal protection if they are confronted with Michigan police officers.

Recent developments in Michigan law have slightly altered how patients may carry marijuana. Michigan Public Act 460 became enforceable in 2013.

The Act clarifies how marijuana may be transported in motor vehicles.

Specifically it states that a patient may not transport or possess usable marijuana in or on a motor vehicle or any self-propelled vehicle designed for land travel unless the marijuana is enclosed in a case in the trunk of the vehicle or, if the vehicle does not have a trunk, the marijuana is enclosed in a case that is not readily accessible from the interior of the vehicle. This law applies only to patients carrying marijuana that can be smoked or otherwise used by the patient, but not seeds or marijuana plants. This offense is a misdemeanor and is punishable by imprisonment for up to 93 days or a fine of not more than 500.00 or both.

Many medical marijuana users find themselves faced with this new offense as it is increasingly common. Though this may seem like another caveat of liability for medical marijuana users, the state legislature passed the bill with a large majority, reflecting that our representatives believed strongly in the law and that more laws similar to this may develop in the future.

Marijuana laws are complicated. Michigan lawmakers have compiled these rules in a piece-by-piece manner. New laws are developing constantly and existing laws may be amended through the future. Further, federal and state law conflict. If you are a medical marijuana user or are considering it as a treatment option, it is increasingly important that you are knowledgeable about how the laws work. Our attorneys here at Garmo & Kiste PLC can serve as your legal resource because we have experience in this area of law. We can explain how the laws interact and help to ensure you are in compliance with them in regards to your medical marijuana treatment. Whether you are facing an offense or would like to ensure your treatment is carried out in a legal manner, please contact us at (248) 398-7100 for a free consultation or contact us with a private message.

Sued by LVNV Funding in Michigan? We can Help.

LVNV Funding is a debt collection agency, often referred to as a Junk Debt Buyer. Their business is based in purchasing your debt from an organization that you owe money to. The organizations they may have purchased your debt from include banks or other financial institutions or even other debt collection agencies. Once they own your debt, they will become the collector and will pursue payment from you. If they contact you about debt collection or if their name appears on your credit report this may mean that you owe them money. Understanding and handling your debt situation is complicated and often times confusing to the point of frustration. For more information about LVNV Funding, call us at (248) 398-7100 for a free consultation or contact us with a private message. We are licensed Michigan attorneys, with offices in Troy, and Lake Orion Michigan.

In Michigan LVNV Funding is often represented by Mary Jane Elliot’s office, Weltman Weinberg & Reis, or Stenger & Stenger, P.C. You may have received letters about the amount you owe, describing the transfer of your debt. You may see names of debt collection agencies you’ve never heard of before, including LVNV Funding. That’s because your debt can legally be transferred multiple times without your consent. Amidst these transfers, you may lose track of a debt you owe. Often times individuals receive notification about owing a debt that is higher than they were expecting. It can be very difficult to understand the transfer of your debt and even more difficult to get any information from debt collection agencies such as LVNV Funding. The attorneys at Garmo & Kiste, PLC are here to answer your questions and will pursue the information you need. It is important to go through the process with an expert to ensure that your debt payments are given to the correct debtor and that the proper documentation follows in order to ensure that your debt will be legitimately and wholly cleared. This is especially important when you see multiple names, including LVNV Funding, on statements.

In some cases, the behavior of LVNV is not legal. Their actions could be in violation of the Fair Debt Collection Practices Act (FDCPA). The FDCPA is a federal law that serves to protect consumers from abusive debt collection behavior. This includes communicating at unusual times or contacting you directly once you have obtained an attorney. Though this law applies in Michigan, many are unaware of the protection it grants. If LVNV or another debt collection agency has engaged in behavior such as this, please contact Garmo & Kiste, PLC to help. For more information about LVNV Funding, call us at (248) 398-7100 for a free consultation or contact us with a private message. We are licensed Michigan attorneys, with offices in Troy, and Lake Orion Michigan.

The attorneys here at Garmo & Kiste, PLC have expertise in this area of law. Hiring Garmo & Kiste, PLC will give you a leg up on LVNV Funding and other debt collectors because we have worked with debt collectors in the past. We are knowledgeable about the debt collections process and how these businesses handle these matters. We have also handled numerous cases for defendants facing legal action by a debt collection agency. We have the experience to handle your case no matter what your needs are. Call us at (248) 398-7100 for a free consultation or contact us with a private message.

Bankruptcy Lawyers in Troy | Royal Oak | Novi | Clawson | Michigan

Do you have mounting Debt? Have you been sued by a medical provider, a credit card company on a bank loan, or by a former landlord, etc.? 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 Bankruptcy Lawyers in Troy | Royal Oak | Novi | Clawson | Michigan and Bankruptcy Work or to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation or contact us with a private message. We are licensed Michigan attorneys, with offices in Troy, MI. We are not a debt relief agency.

Our Familiarity with Collections Industry…

One of the greatest advantages of hiring our firm is the connections we bring to the process. Because of our past employment, typically we know the Plaintiff, their Attorney, the Court, and the Judge. We can quickly assess the facts of your case, in efforts of determining the best course of action and in turn the best possible result for you, our client. We know more loop holes than most attorneys, and we know when it’s time to fight and when it’s time to settle. 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 Oakland, Macomb, Wayne, and Lapeer Counties. What follows is a list of Collections Defense matters our firm has handled recently.

BANKRUPTCY:

During your free consultation, we will go over your personal situation and explain how bankruptcy may affect each of your debts, property and assets. We will never recommend bankruptcy unless we believe you need it. Unfortunately with the economic recession, mounting obligations, and dramatic home devaluation, debt has become a major anchor around the neck of Americans both in Michigan and nationwide. As a consequence, bankruptcy has become a high volume industry in which many attorneys push unnecessary bankruptcies on consumers to turn quick profits for themselves. At Garmo & Kiste, PLC our aim has always been to provide the very best counsel to our clients and to be as objective as possible about your options, not to turn quick profits.

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. Payment plans are available, and as always you are under no obligation to retain our services and our advice during the consultation is free.

What is a Chapter 7 Bankruptcy?

Chapter 7 is the most common form of bankruptcy in the United States. Chapter 7 bankruptcy is sometimes called “liquidation” bankruptcy it cancels your debts, but you might have to let the bankruptcy court liquidate sell some of your property for the benefit of your creditors. If you are being crippled by high credit card debt or medical bills, Chapter 7 may be a way for you to discharge those debts, once complete you will receive a Bankruptcy Discharge and your obligation to the discharged debts will be over. The whole Chapter 7 bankruptcy process takes about four to six months, and commonly requires at least one trip to the courthouse.

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.

What is a Chapter 13 Bankruptcy?

Chapter 13 bankruptcy, often called “reorganization” or “consolidation” bankruptcy is very different from Chapter 7 bankruptcy, which wipes out most of your debts. When your income is determined to be too high for a Chapter 7, but you are facing foreclosure on your home, auto repossessions or tax debts, Chapter 13 can help give you some breathing room. In a Chapter 13 bankruptcy you use your income to pay some or all of what you owe to your creditors over time. 99% of all debtors who file Chapter 13 keep their assets, however not everyone qualifies for Chapter 13, and some debtors would be better off filing for Chapter 7.

More subject specific information, please click on the following Article links:

Pages

Monday, May 12, 2014

Law Enforcement Develops Marijuana Breathalyzer

Improper Transporting of Medical Marijuana in Michigan

Sued by LVNV Funding in Michigan? We can Help.

Bankruptcy Lawyers in Troy | Royal Oak | Novi | Clawson | Michigan