FREE DIVORCE AND FAMILY LAW SEMINAR

  • By lawofficeo89441385
  • 15 Jun, 2016
Thankfully, many people do not need information about the process of divorce, or the process of navigating through the Court system on matters such as parenting time, custody, or child support. For those who might have several questions, or wish to know more about the process, the Resolution Service Center of Central Michigan is offering free seminars open to the public. Below is a copy of their recent public posting. We hope you find the seminar interesting and informative. If you have any questions about family law matters, feel free to call on us at any time at 517.372.8944. Have a great summer!DO YOU NEED HELP?FILING FOR A DIVORCE OR LEGAL SEPARATIONPROPERTY DIVISIONCUSTODY AND PARENTING TIME CONCERNSFREE DIVORCE & FAMILY LAW SEMINAR2nd Tuesday of each month 6:00 pm - 7:30 pm starting July 123rd Wednesday of each month from 11:30 am - 1:00 pmLocation:Office Park West516 S. Creyts Rd, Suite ALansing, MI 48917Reserve your spot today517-485-2274www.rsccm.orgmediate@rsccm.org

Thankfully, many people do not need information about the process of divorce, or the process of navigating through the Court system on matters such as parenting time, custody, or child support.

For those who might have several questions, or wish to know more about the process, the Resolution Service Center of Central Michigan is offering free seminars open to the public. Below is a copy of their recent public posting. We hope you find the seminar interesting and informative.

If you have any questions about family law matters, feel free to call on us at any time at 517.372.8944. Have a great summer!

DO YOU NEED HELP?

FILING FOR A DIVORCE OR LEGAL SEPARATION

PROPERTY DIVISION

CUSTODY AND PARENTING TIME CONCERNS

FREE DIVORCE & FAMILY LAW SEMINAR

2nd Tuesday of each month 6:00 pm - 7:30 pm starting July 12

3rd Wednesday of each month from 11:30 am - 1:00 pm

Location:

Office Park West

516 S. Creyts Rd, Suite A

Lansing, MI 48917

Reserve your spot today

517-485-2274

www.rsccm.org

mediate@rsccm.org

By lawofficeo89441385 24 May, 2017
In August 2016, the Michigan Domestic Personal Protection Order (PPO) statute was amended to allow Courts to include provisions to protect animals belonging to victims of domestic violence. The Courts may restrain a person from injuring, neglect, removing the animal from the victim, or possessing the animal against the will of the victim. The law also defined the term “ownership interest” in order to provide the protection needed.The term “animal” refers to any animal, whether it’s the person’s fish, cat, dog, pig, or even livestock. Many people have therapy pets or pets to assist those with disabilities. Laws come about due to a societal need. An article was published not long ago with research showing that 99% of Americans consider their pet to be a member of their family. It revealed that with families characterized by domestic violence, up to 87% of animal cruelty acts were committed in the presence of abused women, and 25% were committed in the presence of children. The impact of such violence cannot be underestimated. The connection between domestic violence and animal abuse is now recognized by law. When abusive partners target a helpless animal, they inflict not only pain to the animal, but long-lasting emotional damage to every other family member.For anyone interested in learning more about this topic, or for a list of sources, please refer to our web page to review an article written by Robert Mendham published in the Michigan Family Law Journal. You must know your rights. At the Gani Law Firm we have represented many individuals in a wide variety of criminal and civil matters. The Gani Law Firm is located at 1005 S. Washington Avenue in Lansing, Michigan. Please call Sal Gani at 517-372-8944 if you have any questions. Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Reviewing this information or contacting us alone does not create an attorney-client relationship. Please do not send any information to us until such time as an attorney-client relationship has been established. You should not rely upon any information as legal advice.
By lawofficeo89441385 30 Jan, 2017
How should an attorney approach your defense? Do everything in our power to win. How do we do this? Use the law to your advantage. How does the typical arrest occur once you are pulled over?1. DID THE OFFICER HAVE A VALID LEGAL REASON TO MAKE THE TRAFFIC STOP? The officer must have valid probable cause to stop your vehicle in the first place. If it was not a valid traffic stop, even if you are intoxicated, it might lead to a dismissal, or an acceptable deal. Stopping you because the officer observed you leave the bar is not a valid cause to make a traffic stop. Traveling at 2:00 a.m. is not a basis for a stop. Without valid cause, the attorney should move to suppress evidence obtained against you.2. IF THERE IS A VALID CAUSE TO MAKE A TRAFFIC STOP, DID THE OFFICER HAVE PROBABLE CAUSE TO QUESTION YOU FOR DRUNK OR DRUGGED DRIVING? Unless you offer or exhibit probable cause you are driving drunk, drugged, or impaired, the officer should simply give you a ticket for the driving offense you were stopped for and send you on your way. They are trained to engage you in communication to see if circumstances suggest you might be intoxicated, and continue to question you until you provide sufficient basis you are not under the influence, or giving them reason to allow them to ask you to exit your car to perform sobriety tests. Unfortunately, many people start talking too much and think they can convince an officer they were not drinking. There is no excuse for driving while intoxicated. However, a driver might not be intoxicated when stopped, but their actions lead an officer to think they are. Typically, the officer claims your eyes were blood shot, you smelled of alcohol, and your speech was slurred. Is it possible your eyes were watery from contacts, you had only one drink, and your natural speech pattern is not what the officer thinks is normal? Yes. Is it possible you were not intoxicated? Yes. If the evidence does not support probable cause you are operating a vehicle in violation of the law, you should not be unreasonably detained on the roadside, and if your rights are violated, the case should be dismissed. Is it possible you are not intoxicated at the time you are stopped, but by the time you get to the station and take the Data master breath test your limit has risen to a point above the legal limit? Yes. That is why it is so important you obtain an experienced attorney. 3. SHOULD THE OFFICER HAVE THE RIGHT TO REQURIE YOU TO PERFORM STANDARDIZED SOBRIETY TESTS? Only if the police officer has probable cause to believe you might be operating a vehicle above the legal limit, drugged, or impaired, should you be required to submit to sobriety tests. If there is sufficient probable cause, the officer must perform the standardized tests, and not tests he or she otherwise feels appropriate. If they failed to require you to perform the standard tests, we push to dismiss as most non-standardized tests are not reliable. The three standard tests are:a. The Horizontal Nystagmus which you might think of as the officer moving a finger in front of your face from side to side, shoulder to shoulder, and having you follow with your eyes only. If the test is not performed as required by the rules, we move to suppress evidence obtained;b. Walk and Turn. The officer first must demonstrate the test and have you walk nine steps on an imaginary line counting out loud, turn 180 degrees and then walk nine steps back, all without major imperfections of stepping off the imaginary line. Failure of the officer to follow rules should result in suppression of evidence;c. One Leg Stand – The officer must first demonstrate and then have you stand with your arms at your side and one foot lifted off the ground for about 30 seconds without needing to rest your foot on the ground.There are many rules the officer must follow when administering these tests. If they fail to follow the rules, the evidence could be suppressed. This should lead to a resolution acceptable to you. The fact still remains that if you are intoxicated you should not be driving. Getting a drunk driver off the road may save your life, the life of a loved one, or the life of the driver. We never forget that fact that your constitutional rights must also be protected. An experienced attorney knows how to protect your rights.4. WHAT HAPPENS IF THE OFFICER CLAIMS YOU FAILED THE SOBRIETY TEST? Only if you failed the sobriety test as prescribed by law, or other probable cause exists, should an officer request you take the preliminary breath test (PBT). Do you have to take the PBT? No. If you don’t, the result will be a two (2) point civil infraction and money fine - not loss of your license. (Do not confuse this with the other test you are offered at the police station) If you take the PBT test and blow above the legal limit, you have offered evidence of your guilt. If you do not take the test, the officer has less evidence to support the basis of arrest if you are arrested.5. WILL I BE ARRESTED? If the officer claims you failed the sobriety tests, and/or the results of the PBT were above the legal limit, you will probably be arrested. You should remain silent on the trip to the station. The attorney will review the video of the roadside sobriety tests, your roadside actions, and of the ride to the station, for any violations of your rights.6. WHAT HAPPENS WHEN I GET TO THE POLICE STATION? Luckily, the entire event should be on video. We obtain the video and verify your rights were not violated. The officers must first have you placed in an area where you can be viewed for at least 15 minutes continuously to make sure you do not burp, vomit, regurgitate, or place anything in your mouth, otherwise the test is flawed. The start and end time of the observation period must be documented. They must then have you take the data master test (breath test), where they generally take two samples within 10 minutes, and have no variation of more than .02 within the 10 minute period. Failure of the officer to strictly adhere to all rules and regulations could result in suppression of evidence and hopefully dismissal of the charges.7. WHAT IF I REFUSE OR AM UNABLE TO BLOW HARD ENOUGH FOR THE DATAMASTER BREATH TEST? You will be taken to a certified location, usually the hospital, for a blood draw. If the blood results confirm you were above the legal limit, or you were operating with drugs in your system, criminal charges will be filed. It can take up to four months for the results to come back in some districts before charges are filed pending results of the tests. If it is claimed you intentionally failed to give a proper breath sample you will be issued a citation for “refusal” and your license will be suspended after 10 days unless you appeal to the Secretary of State for a hearing. It is difficult to win those hearings. We often suggest to our clients to refuse the breath test on the road, but to submit to the data master test at the station. Once the breath test results are returned, we have the opportunity to consults with experts to challenge the validity of the testing procedure if any irregularities are uncovered.8. WHAT HAPPENS IF CHARGES ARE FILED?You are taken to jail and should be released once your blood alcohol level is below a limit set by jail policy, usually a .03. You will be given several pieces of paper, including a paper driver’s license as they will keep your driver’s license. You will be told when to appear in Court. You should not proceed without an attorney. Below is a general outline of the process:a. Arraignment. Your first appearance before a Judge or magistrate in the District where the alleged offense occurred to be informed of the charges, maximum punishment by law, and offered the opportunity to speak as to why you should be released on bail.b. Pretrial. A few weeks after the Arraignment, a hearing will be set for the defense attorney to speak with the prosecutor. The attorney will have had the opportunity to review the police report and make an initial determination or your defenses, if a plea agreement should be entertained, or if hearings should be set to challenge evidence.c. Motion Practice. If there is a basis to challenge evidence, or conduct of the officers, hearings can be set to have a Judge review challenges in hopes of suppressing evidence.d. Jury Selection. If the prosecutor and defense attorney are not able to come to agreement on a resolution acceptable to you, the case will most likely proceed to Trial. The Court usually sets a date allow us to pick a jury through a process known as voir dire. We are afforded the opportunity to speak with each juror and ask them questions about their individual biases and thoughts.e. Trial. You have a constitutional right to have a jury of your peers be the judges of your conduct. The prosecutor must prove you are guilty beyond a reasonable doubt.An attorney needs to be mindful of the fact that while it may be a typical day for us working on your case, that day is still probably one of the most difficult days of your life. “Bedside” manners are important to us. A person must be informed of the process and know what to expect when they get to Court at every stage.RECENT SUCCESS STORIESDRUNK DRIVING CHARGE DISMISSED Client was charged with OWI for being behind the steering wheel of his vehicle, passed out, with the motor running, the gear shift in park, with a blood test of over .22. Almost three times the legal limit. An agreement to accept responsibility to something not related to a motor vehicle was an absolute win. How? There are many technical rules and requirements which apply. If the vehicle is safely parked and not moving, it can be determined to be used as a shelter and not as a vehicle. As an example, if you are intoxicated and have the motor running for heat, and not running with intent to operate, you may not be violating the law. Every case is a “case by case” example. In this case, we showed the prosecutor the facts clearly supported a dismissal. They agreed.DRUNK DRIVING CHARGE DISMISSED. Client was charged with OWI. He was observed running a stop sign. They reported he had blood shot eyes, slurred speech, and smelled of alcohol. The officer claimed he failed all of the standard sobriety tests, and failed the PBT. The fact is that all of the above was true. Why a dismissal? We proved the officer waited an unreasonable amount of time in performing the sobriety tests which interfered with the reliability of the test results. Again, the laws also work in your favor, and not only against you. There are laws that mandate an officer follow proper procedure timely. Failure to follow procedure means your rights were violated. If your rights were violated, the case should be dismissed.DRUNK DRIVING CHARGE DISMISSED Client was charged with OWI. After an exhaustive review of the arrest video, there was legitimate dispute as to whether or not the officer has probable cause to claim the client failed the sobriety test. The fact that he failed the PBT was of no consequence because without proof he failed the sobriety tests no PBT should have been required. Great respect is due the prosecutor because he did what was fair and accepted our position that the client’s rights might have been violated and he dismissed the OWI charge. It is important to thoroughly review the evidence to find any flaws with the arrest procedure. We seek to dismiss charges to preserve the integrity of our constitution. This is not to say we do not respect the job of law enforcement. To preserve our justice system no person should be held to answer criminal charges if their constitutional rights are compromised.Q: WHAT WILL WE DO FOR OUR CLIENT?A: Everything within our power, ability, and legal authority to protect your constitutional rights.Q: WHY DO WE DO WHAT WE DO?A: You are presumed innocent until proven guilty. The question should not be whether or not you did what was alleged. The second this becomes the question is the second our constitutional rights begin to erode. We should not be upset if a guilty person is not convicted if the prosecutor fails to prove guilt beyond a reasonable doubt. Our judicial standards are second to none. We must preserve the integrity of our constitution to ensure we are all treated equally. To do anything less is injustice.You must know your rights. At the Gani Law Firm we have represented boaters, drivers, and hunters in a wide variety of criminal and civil matters. The Gani Law Firm is located at 1005 S. Washington Avenue in Lansing, Michigan. Please call Sal Gani at 517-372-8944 if you have any questions. Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Reviewing this information or contacting us alone does not create an attorney-client relationship. Please do not send any information to us until such time as an attorney-client relationship has been established. You should not rely upon any information as legal advice. #lansinglawyer #lansingattorney #owi #drunkdriving #ganilawfirm #trafficstop
By lawofficeo89441385 04 Jan, 2017
By: G. Sal Gani of the GANI LAW FIRM Has someone victimized you with a keyboard? Have you told someone to stop emailing or texting you because their communications have become threatening? Do you fear for your safety because of what another person has posted about you or your family? Are you a victim of cyberbullying? You do not have to remain a victim. If you ever feel you are in danger of immediate harm call 911. People suffer 24/7 in many ways including but not limited to having to quit their job, quit school, avoid friends and family and suffer from non-stop emotional distress because they feel there is nothing that can be done. People may become guilty of a crime, or become civilly responsible for monetary damages, simply be hitting the “send” button on an unwelcomed, threatening or intimidating text or other electronic communication. It can be considered a crime to send two or more separate electronic communications that constitutes harassment, stalking or unconsented contact. Depending on the nature of the contacts, the penalty can range from a misdemeanor to a felony and subject a defendant to substantial monetary fines and damages. Take a look at MCL 750.411(h) if you wish to read the statute.WHAT CAN YOU DO? If someone is harassing you by repeated electronic messaging, statements, electronic photographs, or any other offensive attempts to communicate with you there is something you can do to start to help yourself. Send that person a communication telling them you don’t want to receive any communication in any form from them, or from anyone acting on their behalf. Tell them you want no communication and you feel threatened, intimidated or frightened by their past communication(s). Be sure to keep a hard copy and electronic copy of all communication, as well as a copy of your demand they stop communicating. If communication attempts continue, I suggest you file a complaint with local law enforcement or seek legal advice. Document all aspects of any damages you suffer including emotional distress, loss of sleep, interference with work and all other injury you sustain. Remember the 5 p’s: Proper Planning Prevents Poor Performance.CAN I MAKE IT STOP? Yes. If you are a victim as defined by statute, and another person has improperly threatened, intimidated, harassed, or wrongfully communicated with you, you should take whatever reasonable legal action permitted by law. You might also consider obtaining a Temporary Restraining Order for immediate relief. There are ways to discover who might be doing this to you if you don’t already know. There are laws in place to help. At Gani Law, we have successfully sued people to make them stop. You are not alone. If you have any questions please contact attorney G. Sal Gani at (517) 372-8944 or visit our new web site at Gani Law .com. We are located in the Lansing area and handle matters throughout the State of Michigan. Freedom of speech does not give another person the right to violate your rights. You are entitled to be free from being a victim.The law provides you a means to take back control. The old saying “sticks and stones may break my bones, but words can never harm me” is no long the standard by which we determine if a person is a victim. It is helpful to have a knowledgeable attorney guiding you through your trouble. Every case is different and you deserve to be given an honest opinion as to how an attorney can help you. We keep your matters confidential.By: G. Sal GaniG. Sal Gani P.C.(517) 372-8944Posted February 1, 2014Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. You may call Sal at (517) 372-8944. Reviewing this information or contacting us alone does not create an attorney-client relationship. Please do not send any information to us until such time as an attorney-client relationship has been established. You should not rely upon any information as legal advice.
By lawofficeo89441385 04 Jan, 2017
In the last few months Michigan State Police officers and tobacco agents have raided dozens of convenience stores and gas stations searching for violations of the Tobacco Tax Act. In addition, agents from the Liquor Control Commission have been present and looking for other violations during these raids such as sale of single cigarettes, K2, evidence of drug paraphernalia, and other technical violations. While most of the violations cited are merely technical, store owners and managers are also being criminally charged with misdemeanor and felony crimes. A misdemeanor is a crime punishable by up to one (1) year. A felony is a crime punishable for any number of years above one (1) year. WHAT IS HAPPENING? An undercover officer will usually visit a store a few times and look for violations before they make contact with the owner or manager. They look for signs of single cigarette sales, counterfeit goods, unstamped tobacco products, owners that might not have receipts handy, sale of scales, pipes, or other items customers might use for illegal drug use. They also try to observe use of EBT transactions for violations by clerks or customers, and may take time stamped photographs to compare the actual sale to the food stamp records to see if the store clerk is illegally ringing transactions without a proper card or without the customer being present. The officers then conduct a search of the store and demand the owner produce receipts for all tobacco products in the store. If you say you don’t know where they are at that very moment, or say your bookkeeper has them, you may be charged with a misdemeanor or felony. It is important you know and understand all of the laws to protect yourself and your business from becoming victim by a technical violation. Any criminal charge can interfere with your right to acquire a liquor license, food stamp license, or lottery license. WHY SINGLE CIGARETTES – WHAT’S THE HARM? It is illegal for a retailer to sell a cigarette separated from its original package. The State collects 6% sales tax on a sale of tobacco. If a clerk sells 20 cigarettes for 50 cents each, the gross sale is $10.00 per pack. The State loses not only the 6%, but also the 6% of $10.00 and receives no sales tax because the pack is not being properly sold and categorized as a taxable item. In addition, a customer may not be safe from a cigarette that could have been tampered with. A retailer or manufacturer of tobacco products shall keep a complete and accurate record of each tobacco product at the location where offered for sale for a four (4) month period from the date the tobacco was obtained. The record shall include the address of both the seller and purchaser; quantity, brand name, and price paid for each tobacco product. For all other products, the records must be produced as the department reasonably prescribes (MCL 205.426). A person transporting or possessing a tobacco product on a road or highway must have in his actual possession invoices or receipts containing the name and address of both the seller and buyer, date of delivery, quantity, brand name, and price paid for each tobacco product. A person who sells retail tobacco products shall not separate or sell a cigarette separately from its package. This does not apply to persons who sells tobacco products at retain in a tobacco specialty retail store that deal exclusively in the sale of tobacco products and smoking paraphernalia. A person who violates this law is guilty of misdemeanor punishable by a fine of not more than $500.00 for each offense. DID YOU KNOW THAT? A store owner or manager in control or possession of an individual pack of cigarettes in the store without a stamp, or a person who sells a tobacco product without being licensed is in violation of the Tobacco Act shall be personally liable for the tax imposed plus a 500% of the amount of tax that was due. (MLC 205.428(1)). A person who possesses, transports, or sells 3,000 or more cigarettes with a value of more than $250.00 is in violation of the Act and guilty of a five (5) year felony and a fine of up to $50,000.00. A person who, in violation of the Act, possesses, transports, or sells between 1,200 and 2,999 cigarettes is guilty of a misdemeanor punishable by a fine of up to $5,000.00 and/or imprisonment of up to one (1) year. A person who possesses, transports, or sells between 600 and 1,199 cigarettes is in violation of the Act and is guilty of a misdemeanor punishable by a fine of up to $1,000.00 and/or imprisonment of up to ninety (90) days. A person who, in violation of the Act, possesses, transports, or sells between 600 and 1,199 cigarettes is guilty of a misdemeanor punishable by a fine of up to $1,000.00 and/or imprisonment of up to ninety (90) days. A person who, in violation of the Act, possesses, transports, or sells between 600 cigarettes or tobacco products with a value of $50.00 or less may be responsible for a state civil infraction and a fine of not more than $100.00. A person who, in violation of the Act, possesses or uses a counterfeit stamp device intending to copy a stamp may be guilty of a felony punishable by up to 10 years in prison and a fine up to $50,000.00 Sal Gani has been representing party store owners with Liquor Control and tobacco violations, purchase agreements, and corporation issues for more than 25 years. Initial consultations are free of charge. Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Reviewing this information or contacting us alone does not create an attorney-client relationship. Please do not send any information to us until such time as an attorney-client relationship has been established. You should not rely upon any information as legal advice.
By lawofficeo89441385 04 Jan, 2017
Be on notice that the government is actively seeking to reduce the number of stores that have USDA/EBT privileges. We are told there has been a substantial increase in targeting stores for violations of the SNAP program. The main concern is searching for those who traffic for cash, however, several of my clients have been targeted for very minor violations and being charged as if they were major violators. A simple transaction of charging a person’s card in exchange for cash, or knowingly violating the rules, may result in a permanent disqualification. Every store owner must conduct routine training of employees, and document training, to defend your practice in the event you are issues a charging violation notice. The best approach is a systematic plan and procedure to prevent any violation. You should maintain a written policy and procedures to handle training, maintain signatures of employees acknowledging that they understand the policy, and specifically state the punishment to an employee for violation of the rules. You should review the publications from the USDA online to protect your business. Proper planning prevents poor performance (PPPPP)!The United States Department of Agriculture (USDA) oversees the handling of violations of the Supplemental Nutrition Assistance Program (SNAP) regulation stores accepting EBT, WIC, or Food Stamp benifits. The USDA will issue a written notice called a “CHARGE LETTER,” or a USDA SNAP Violation Letter, which is the document that the department uses to place the offending store on notice of the charges levied against that store. Usually, attached to the charge letter should be evidence the USDA compiled, along with a report of why they believe the evidence supports issuance of a SNAP violation. This “Charging Letter” is designed to provide the store the opportunity to respond to the USDA’s allegations in accordance with their rules. The problem is that the rules are not clear, and many owners never read the rules there are bound to follow. You must be careful in responding, and must respond using terminology expected by the USDA. Keep in mind you have constitutional rights to remain silent. Depending on the circumstances what you say, even though you think your actions were proper, can form the basis for violations, and possible criminal charges. IF YOU RECEIVE A CHARGE LETTER CONTACT AN ATTORNEYThere is a set timeline which a store must respond and defend against the specific allegations referenced in the Charge Letter. The time limit is ten (10) days from the date the store received the letter. If you fail to timely respond to the letter, the USDA will process the charges without your defense, and the governing agency will render its opinion without your defense or mitigating factors. Your response and defenses should either challenge the USDA’s findings by providing a valid explanation, or you can demand a Civil Money Penalty in lieu of a disqualification if you believe you qualify. The penalty could be expensive. If you seek a Civil Money Penalty instead of disqualification, the Food & Nutrition Services committee will consider the following listed below. Be careful as the USDA has strict requirement for each element. The elements to qualify are as follows:1. Has the store developed an effective compliance policy, which is in writing and in effect at the time the alleged violation occurred?2. Can the store prove the compliance policy was in existence and in effect prior to the occurrence of the alleged violations?3. Does the store have an instituted and effective training program to train the store’s employees on the acceptance of EBT, WIC, and Food Stamp payments?4. Was the store’s ownership aware of, involved in, or benefiting from the violations? Or, was the management aware of or involved in the violations? Any business who faces a violation should seriously consider contacting an attorney immediately so you do not say something you might regret, hurt your case, or unknowingly cause a disqualification. You might make it harder for an attorney to fix a problem if you don’t understand the law and respond improperly. Our office handles a wide variety of issues related to convenience stores, liquor stores, transfer of licenses, gas stations, and SNAP violations. We offer free consultation to answer questions you may have about the program or the process. Our office also works with, and consults with, other attorneys around the country to stay on top of the law. You must know your rights. At the Gani Law Firm we have represented many individuals in a wide variety of criminal and civil matters. The Gani Law Firm is located at 1005 S. Washington Avenue in Lansing, Michigan. Please call Sal Gani at 517-372-8944 if you have any questions. Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Reviewing this information or contacting us alone does not create an attorney-client relationship. Please do not send any information to us until such time as an attorney-client relationship has been established. You should not rely upon any information as legal advice.#usdaviolations #SNAPviolations #foodstamps #EBTcardviolations #transferoflicenses #traffickingfoodstamps #chargingletter #disqualification #partystore #liquorstore #chargingviolation #SDMSDDsundaysales #foodstamps
By lawofficeo89441385 04 Jan, 2017
WIC VIOLATIONBe on notice that the government is actively seeking to reduce the number of stores that have USDA/EBT privileges. We are told there has been a substantial increase in targeting stores for violations of the SNAP program. The main concern is searching for those who traffic for cash, however, several of my clients have been targeted for very minor violations and being charged as if they were major violators. A simple transaction of charging a person’s card in exchange for cash, or knowingly violating the rules, may result in a permanent disqualification. Every store owner must conduct routine training of employees, and document training, to defend your practice in the event you are issues a charging violation notice. The best approach is a systematic plan and procedure to prevent any violation. You should maintain a written policy and procedures to handle training, maintain signatures of employees acknowledging that they understand the policy, and specifically state the punishment to an employee for violation of the rules. You should review the publications from the USDA online to protect your business. Proper planning prevents poor performance (PPPPP)!The United States Department of Agriculture (USDA) oversees the handling of violations of the Supplemental Nutrition Assistance Program (SNAP) regulation stores accepting EBT, WIC, or Food Stamp benifits. The USDA will issue a written notice called a “CHARGE LETTER,” or a USDA SNAP Violation Letter, which is the document that the department uses to place the offending store on notice of the charges levied against that store. Usually, attached to the charge letter should be evidence the USDA compiled, along with a report of why they believe the evidence supports issuance of a SNAP violation. This “Charging Letter” is designed to provide the store the opportunity to respond to the USDA’s allegations in accordance with their rules. The problem is that the rules are not clear, and many owners never read the rules there are bound to follow. You must be careful in responding, and must respond using terminology expected by the USDA. Keep in mind you have constitutional rights to remain silent. Depending on the circumstances what you say, even though you think your actions were proper, can form the basis for violations, and possible criminal charges. IF YOU RECEIVE A CHARGE LETTER CONTACT AN ATTORNEYThere is a set timeline which a store must respond and defend against the specific allegations referenced in the Charge Letter. The time limit is ten (10) days from the date the store received the letter. If you fail to timely respond to the letter, the USDA will process the charges without your defense, and the governing agency will render its opinion without your defense or mitigating factors. Your response and defenses should either challenge the USDA’s findings by providing a valid explanation, or you can demand a Civil Money Penalty in lieu of a disqualification if you believe you qualify. The penalty could be expensive. If you seek a Civil Money Penalty instead of disqualification, the Food & Nutrition Services committee will consider the following listed below. Be careful as the USDA has strict requirement for each element. The elements to qualify are as follows:1. Has the store developed an effective compliance policy, which is in writing and in effect at the time the alleged violation occurred?2. Can the store prove the compliance policy was in existence and in effect prior to the occurrence of the alleged violations?3. Does the store have an instituted and effective training program to train the store’s employees on the acceptance of EBT, WIC, and Food Stamp payments?4. Was the store’s ownership aware of, involved in, or benefiting from the violations? Or, was the management aware of or involved in the violations? Any business who faces a violation should seriously consider contacting an attorney immediately so you do not say something you might regret, hurt your case, or unknowingly cause a disqualification. You might make it harder for an attorney to fix a problem if you don’t understand the law and respond improperly. Our office handles a wide variety of issues related to convenience stores, liquor stores, transfer of licenses, gas stations, and SNAP violations. We offer free consultation to answer questions you may have about the program or the process. Our office also works with, and consults with, other attorneys around the country to stay on top of the law. You must know your rights. At the Gani Law Firm we have represented many individuals in a wide variety of criminal and civil matters. The Gani Law Firm is located at 1005 S. Washington Avenue in Lansing, Michigan. Please call Sal Gani at 517-372-8944 if you have any questions. Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Reviewing this information or contacting us alone does not create an attorney-client relationship. Please do not send any information to us until such time as an attorney-client relationship has been established. You should not rely upon any information as legal advice.#usdaviolations #SNAPviolations #foodstamps #EBTcardviolations #transferoflicenses #traffickingfoodstamps #chargingletter #disqualification #partystore #liquorstore #chargingviolation #SDMSDDsundaysales #foodstamps
By lawofficeo89441385 04 Jan, 2017
You are about to sit down to eat dinner and the phone rings. It is not your best friend. It is yet another annoying call from person who wants to give you a free cruise to the Bahamas. It can only be more annoying when you get these calls on your cell, and receive endless fax pages wanting to sell you insurance. The Telephone Consumer Protection Act provides authority to the FCC to help people stop unwanted phone calls, faxes, and text messages. Robocalls are unsolicited prerecorded telemarketing calls to land lines and wireless phone numbers. Some of the rules a telemarketer must follow include the following:a. the caller is required to provide his or her name, the name of the entity they are calling about, and the number to reach that person or entity;b. solicitation calls are prohibited between 8am and 9pm;c. they are required to comply immediately if any do-not call request you make during the call.What can you do? To register with the National Do Not Call list go to www.donotcall.gov or call 888-382-1223, or 866—290-4236 TTY. You need to call from the number you wish to register. The registration is effective 31 days from the date you register. Fines for violation of these rules can be thousands of dollars per violation each day. Should you have questions concerns you are not able to address your satisfaction please call attorney G. Sal Gani at (517) 372-8944 to consult with an experienced attorney for a legal opinion. You deserve to be free from being bothered during your personal private time. I encourage you to visit our web site at ganilaw.com. I invite you to visit my blog postings to review other blogs which provides information on other topics of interest.Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Reviewing this information or contacting us alone does not create an attorney-client relationship. Please do not send any information to us until such time as an attorney-client relationship has been established. You should not rely upon any information as legal advice.
By lawofficeo89441385 29 Dec, 2016
Be on notice that the government is actively seeking to reduce the number of stores that have USDA/EBT privileges. We are told there has been a substantial increase in targeting stores for violations of the SNAP program. The main concern they claim is searching for those who traffic for cash, however, several of my clients have been targeted for very minor violations and being charged as if they were major violators. A simple transaction of charging a person’s card in exchange for cash, or knowingly violating the rules, may result in a permanent disqualification. Every store owner must conduct routine training of employees, and document training, to defend your practice in the event you are issues a charging violation notice. The best approach is a systematic plan and procedure to prevent any violation. You should maintain a written policy and procedures to handle training, maintain signatures of employees acknowledging that they understand the policy, and specifically state the punishment to an employee for violation of the rules. Consulting with a trained attorney to develope a preventative plan may be your best option if you are unaware of policy and procedure. You should review the publications from the USDA to protect your business. Proper planning prevents poor performance (PPPPP is what I say at least once a day)!The United States Department of Agriculture (USDA) oversees the handling of violations of the Supplemental Nutrition Assistance Program (SNAP) regulating stores accepting EBT, WIC, or Food Stamp benifits. The USDA will issue a written notice called a “CHARGE LETTER,” or a USDA SNAP Violation Letter, which is the document that the department uses to place the offending store on notice of the charges levied against that store. You MUST not delay in addressing such a notice.Usually, attached to the charge letter should be evidence the USDA compiled, along with a report of why they believe the evidence supports issuance of a SNAP violation. This “Charging Letter” is designed to provide the store the opportunity to respond to the USDA’s allegations in accordance with their rules. One problem is that the rules are not clear, and many owners never read the rules there are bound to follow. You must be careful in responding, and must respond using terminology expected by the USDA. Keep in mind you also have constitutional rights to remain silent. Depending on the circumstances what you say, even though you think your actions were proper, can form the basis for violations, and possible criminal charges. IF YOU RECEIVE A CHARGE LETTER CONTACT AN ATTORNEYThere is a set time limit which a store must respond and defend against the specific allegations referenced in the Charge Letter. The time limit is ten (10) days from the date the store received the letter. You sould not trust your employees to be in charge of collecting your mail. If you fail to timely respond to the letter, the USDA will process the charges without your defense, and the governing agency will render its opinion without your defense or mitigating factors. Your response and defenses should either challenge the USDA’s findings by providing a valid explanation, or you can attempt to demand a Civil Money Penalty in lieu of a disqualification if you believe you qualify. The penalty could be expensive. If you seek a Civil Money Penalty instead of disqualification, the Food & Nutrition Services committee will consider the following listed below. Be careful as the USDA has strict requirement for each element. The elements to qualify are as follows:1. Has the store developed an effective compliance policy, which is in writing and in effect at the time the alleged violation occurred?2. Can the store prove the compliance policy was in existence and in effect prior to the occurrence of the alleged violations?3. Does the store have an instituted and effective training program to train the store’s employees on the acceptance of EBT, WIC, and Food Stamp payments?4. Was the store’s ownership aware of, involved in, or benefiting from the violations? Or, was the management aware of or involved in the violations? Any business who faces a violation should seriously consider contacting an attorney immediately so you do not say something you might regret, hurt your case, or unknowingly cause a disqualification. You might make it harder for an attorney to fix a problem if you don’t understand the law and respond improperly. Our office handles a wide variety of issues related to convenience stores, liquor stores, transfer of licenses, gas stations, and SNAP violations. We offer free consultation to answer questions you may have about the program or the process. Our office also works with, and consults with, other attorneys around the country to stay on top of the law. You must know your rights. At the Gani Law Firm we have represented many individuals in a wide variety of criminal, drunk driving, drug related crimes, and civil matters. We represet a substantial amount of clientsin transfering of licenses, MLCC violations, real property transactions, gas station purchases, business pruchases,corporation formation, and other related amtters. We also specialize in representing clients with immigration related amtters and business transactions having a wide variety of consultants available on a daily basis. The Gani Law Firm is located at 1005 S. Washington Avenue in Lansing, Michigan. Please call Sal Gani at 517-372-8944 if you have any questions. Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Reviewing this information or contacting us alone does not create an attorney-client relationship. Please do not send any information to us until such time as an attorney-client relationship has been established. You should not rely upon any information as legal advice.#usdaviolations #SNAPviolations #foodstamps #EBTcardviolations #transferoflicenses #traffickingfoodstamps #chargingletter #disqualification #partystore #liquorstore #chargingviolation #SDMSDDsundaysales #foodstamps
By lawofficeo89441385 26 Dec, 2016
By: G. Sal Gani P.C., of the GANI LAW FIRM It’s almost that time of year again. Before you know it we might have our first person sink a pickup truck in some lake. They say that the definition of insanity is doing the same act over and over, and expecting a different result. The laws of physics and science haven’t changed in decades- don’t drive on the ice until YOU are sure it is thick enough. Last year in northern Michigan several people parked their vehicles on a lake very close to each other mid-winter. You can figure out what horror story followed. Did you know that many vehicles insurance policies exclude a “loss claim” to a vehicle while driven or parked on frozen lakes! Higgins Lake and Torch Lake are two of the lakes that slowly freeze over due to their depth, so do your safe checking. Can you believe that the DNR is boasting that we have approximately 146 types of fish in our great lakes state? Some say it is even more. Don’t forget some of the very basics such as (a) get your license, (b) no more than three rods per licensed person, (c) use legal bait, and, (d) follow all varying rules depending on the area you fish. I suggest you monitor the DNR Website on a regular basis because the administrative rules and regulations can change frequently. Absolutely illegal (a) Transporting non-native or genetically engineered fish is subject to up to a $10,000.00 fine; (b) Catching fish only for their roe; (c) Taking mussels from any Michigan waters; (d) Exceeding your limit; (e) Leaving your ice shanty on frozen waters overnight without your name and address written on all exterior walls using letters at least two inches high by paint or letters on the structure, no signs or plates are permissible; (f) Interfering with another angler while fishing; (g) Failure to remove your overnight shanty on the differing dates may result in fines of up to $500.00 per day and up to 30 days in jail. If the state has to remove your shanty it can charge a fine and up to three times the cost of removal.Must you allow an officer to search your shanty without a search warrant? You can make the legal argument that your shanty is deserving of the same constitutional protection of a tent or your temporary home. Law enforcement may make the argument that your ice shanty is a structure you slide onto the ice for the sole purpose of shielding you from the wind and cold. Unfortunately there is no clear cut answer. I would treat it like my shelter deserving of absolute protection. Each case will be determined on its own facts, and how you respond to law enforcement. You have greater legal protection by making your conduct as private as possible. Remember your constitutional right to remain silent. I am not saying to disrespect an officer, just exercise your right. Let the lawyer defend you in a court of law if you are charged with a violation. No reason for you to try to talk yourself out of a violation and provide incrimination evidence against yourself. An officer must have probable cause to search without your consent. There are exceptions to a search without a warrant which would make a search legal. If you consent to a search you waive your constitutionally protected rights. However, courts have more often sided with law enforcement if the officer has “probable cause” to believe a crime, or evidence of a crime, was contained within the shanty justifying a warrantless search. Imagine you are sitting in your shanty which has no windows; an officer opens your door and announces he or she is just checking to see if you have a fishing license-that constitutes a violation of your rights if they could not see inside the shanty. In a case where an officer standing outside your shanty can see, hear, or smell evidence of a crime, commonly referred to as “Plain View Exception”, he or she might receive support in the court to the argument of an exception to a warrantless search. If there is an outstanding warrant for your arrest, even for child support, a search may be reasonably permissible of your person and your immediate surroundings. In a case where an officer bursts into your shanty without reason, and finds evidence of a crime, a Court might favor your right to privacy and suppress evidence obtained. The greater you demonstrate your expectation of privacy, the greater your chance is of being free from an unreasonable search or warrantless search. I was once presented with the question of whether or not it was illegal to do what two consenting adults might do if they were in the confines of their own home...use your own imagination. Believe it or not, both could possibly be charged with felony obscene conduct if their adult conduct was remotely, or possibly, visible to a person if they peeked in the window, or passing by on their snowmobile. There is no separate set of statutes that apply to conduct simply because you are over a frozen lake. The laws would similarly apply if any such conduct was visible in a boat, or a person with binoculars could witness the conduct. Get outdoors this winter and enjoy legally and safely. Should you experience any negative encounter, or receive any violation notice, from law enforcement please contact attorney G. Sal Gani at (517) 372-8944 to consult with an experienced attorney for a legal opinion. Be courteous and polite to our law enforcement officers but do not give up your constitutional protections. I encourage you to also visit our web site at ganilaw.com. Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Reviewing this information or contacting us alone does not create an attorney-client relationship. Please do not send any information to us until such time as an attorney-client relationship has been established. You should not rely upon any information as legal advice.#icefishing #dnr #caughtfishingwithoutlicense
By lawofficeo89441385 23 Dec, 2016
By: G. Sal Gani of THE GANI LAW FIRM The snow has started to fall and the trails will again become our path to winter the wonderland in our great state of Michigan. Enjoying the sport means doing so safely and legally. Getting hurt, hurting others, or being cited for violation of snowmobiling laws is everything you want to avoid. My opinion still stands about trees-they are stubborn and don’t move for you. For those of us who enjoy the sport year after year you all know the basic rules, including proper registration and purchase of your annual trail permit. Be careful of those who might try to sell you a discounted trail permit on the internet. I have heard there are still people making fake permits and selling them cheap. You get what you pay for. Trust me, the fine is nothing you ever want to know. Don’t forget that ignorance of the law is never a defense to a citation. Please allow me to share with you some of the frequently asked questions I am asked in the winter months.1) Q: If a person offers to sell me his trail permit for a even a 20% discount should an I buy it? A: Not a chance. Remember they are specific to your machine. You might fall victim to a scam. 2) Q: Can I ride anywhere without valid registration or trail permit? A: Snowmobiles are exempt from certain requirements if operated exclusively on lands owned or under control of the owner so long as you are riding your private property, or private property with consent; while safety educational programs are being conducted by a certified instructor; under special events prescheduled with a governmental agency. A snowmobile may be operated without a trail permit, but with valid registration, if the snowmobile is being used exclusively for transportation on the frozen surface of public waters for ice fishing. Be prepared to prove you are going to or from your special fishing hole. Please be safe and wear a flotation life vest if there is any chance you are less than 100% sure of ice thickness. 2) Q: Can I drive my snowmobile on the road? A: (a) Snowmobiles may be operated on designated highways in a designated county which is not normally snow plowed for vehicle traffic; (b) On the right-of-way or shoulder when no right of way exists on a snow plowed highway in designated counties; (c) Outside city or village limits which is designated and marked for snowmobile use by the county road commission. (d) On the roadway or shoulder when necessary to cross a bridge or culvert if the snowmobile is brought to a complete stop before entering the roadway, you yield to any approaching motor vehicle; you stay in single file and attempt to cross at a right angle to the roadway. I was with a friend three years ago who was stopped for riding against traffic when there were no cars on the road. 3) Q: Can I operate my snowmobile if I drink alcohol? A: Common sense should not be ditched. As with any other motor vehicle, it is illegal to operate a snowmobile while under the influence of alcohol or drugs. You might be banned from operating a snowmobile and still preserve your right to operate a car. There are many exceptions so get a wise legal opinion if you find yourself in trouble.3) Q: Are there speed limits on the trails? A: The general rule is a person may not exceed a rate of speed greater than is reasonable for existing conditions. Pay attention to the roadway limits.4) Q: What other operation could be considered illegal? A: (a) In a forest nursery or public property when growing stock may be damaged. Be smart and stay on the trails because trails often cut through areas where seedlings have been planted. Hint- if the area looks like it has been clean cut in the past few years stay on the trails or risk a ticket; (b) You cannot drive within 100 feet of a dwelling between the hours of midnight and 6:00 am at a speed greater than the minimum required to maintain forward movement. Yes, leaving the local watering hole like a bat of He_ _ is illegal and really inconsiderate; (c) On the land of another without owners consent as required by the “Recreational Trespass Act”. It is your responsibility to be aware of property lines beyond state lands; (d) In an area open to public hunting from November 15-30 during the firearm hunting season from 7:00 am to 11:00 am and from 2:00pm to 5:00 pm; (e) Transporting a bow unless encased or unstrung, or a firearm unless unloaded and securely encased; (f) On or across a burial ground or cemetery, airport property, public or private parking lot, railroad right of way, or within 100 feet of a sledding, skiing, or skating area.5) Q: Is it true you must have the ability to lock the traction belt with the brake to be legal? A: Yes, the law requires the following: 1. Braking ability to stop the snowmobile in no more than 40 feet traveling at 20mph while traveling on packed snow with an operator of 175 pounds or more. 2. Ability to lock the traction belt on demand.6) Q: Am I required to report accidents to the police? A: You must report any snowmobile accident to the county law enforcement where anyone is injured or where property damage is estimated at $100.00 or more, even if the accident involves only one snowmobile and no one was injured. One reason is so they probably want to verify if alcohol was a factor.7) Q: My driver’s license is suspended- can I still operate my snowmobile?A: NO, unless you want to risk being charged with Driving While License Suspended (DWLS), is the safe answer. You need to remember that a snowmobile is a vehicle if you are travelling on a public roadway or area open to the general public. You may win on a technicality but it is not worth the risk.8) Q: What happens if I get caught operating while impaired by alcohol consumption or marijuana? A: If you are convicted of operating while under the influence of alcohol, or drugs, you will have six points assessed against your driver’s license. Impaired due to consumption of alcohol or drugs will result in a four point assessment, pay hearing, fines, and whatever else the court orders.9) Q: Do the fleeing and eluding laws apply to snowmobiles?A: Absolutely! At best, it can be a misdemeanor. At worst a felony. Whether you attempt to knowingly flee on your snowmobile is a question of fact. A good example was at bud bash in Tip up Town last year. A few riders made it close to the beer tent, quickly jumped off their sleds, and attempted to hide from the officer and blend in with the dozens of nearby riders. No problem, they thought the officers could not identify their faces. The officers patiently watched from a ways back with binoculars. Once they people got back on their snowmobiles, it was sufficient to identify them by their suits. These are just some of the many questions that come up each year. Ignorance of the law is no defense. Operate safely and legally. Give the same respect you would expect from any other rider on any property. Live to enjoy your next ride. The season is short. If you have any questions about your legal rights please contact attorney G. Sal Gani at (517) 372-8944 or visit our new web site at GaniLaw.com. Remember the five p’s: Proper Planning Prevents Poor Performance. I handle matters throughout the State of Michigan. I try to ride almost every weekend in Roscommon-Crawford and Kalkaska county areas and look forward to the winter season this year.Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Reviewing this information or contacting us alone does not create an attorney-client relationship. Please do not send any information to us until such time as an attorney-client relationship has been established. You should not rely upon any information as legal advice.#snowmobile #drunksnowmobile #dnr #ticketwhilesnowmobiling #alcohol #northernmichigan #owi #higginslake #houghtonlake #icefishing #snowmobileandalcohol #fleeingandeludingsnowmobile
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