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Michael J. Nichols

Michael Nichols’s Answers

53 total


  • Is it legal for me to alter sports teams hats and resell them?

    Basically buy at retail a hat by a sport team(authentic of course through companies like reebok,nike,new era,adidas etc ) , we take the bill/brim of the hat and add exotic leather instead of the original cotton. Is this illegal?

    Michael’s Answer

    No. Major League Baseball, National Football League, National Basketball Association and the National Hockey League all have copyrights as do the individual teams. The colleges also copyright their logos.

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  • Underage Drinking citation and consequences?

    3 of my friends and myself were on a college campus and were standing outside a pizza shop. A cop parked in a parking spot and asked what we were doing. One of my friends had an open beer and showed it to the officer. The officer then proceeded to...

    Michael’s Answer

    In Michigan, a "minor in possession" carries no jail penalty. However, it is a criminal conviction on your record. You are able to use a "diversion" for your true 1st offense to keep it off your record if you are successful on probation.

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  • Setting aside conviction

    I live in Michigan. I have a conviction for possession of marijuana because I had a probation violation after receiving 7411. Is there any way to have this conviction set aside before the usual 5 year waiting period?

    Michael’s Answer

    It was not clear if the probation violation was ruled on by the judge. If so and he revoked your 7411 status but kept you on probation your only option is to wait for 5 years. There is a provision in the law that allows a plea to be withdrawn in the interests of justice. This is complicated and you should seek qualified legal counsel immediately.

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  • Should i be speaking to both attorneys

    i was served by one she want me to come in prior to talk to her and the other from other side wants to discuse case with me too?

    Michael’s Answer

    You should absolutely not talk to the attorney who served you. Advise your lawyer that you were asked this by the other attorney immediately. In Michigan, this type of conduct can constitute an ethical violation.

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  • How do i reopen a case

    in 2002 i was convicted of a sex crime that i didnt comit i was pulled from class in 2001 when i was 17 held for over an hour in the princapals office until i told the cop i did it i gave a false statement that i did it when i know i didnt. after ...

    Michael’s Answer

    There is a concept in the law called finality of judgments. Unfortunately, you are probably not going to be able to re-open the case. The reason is because I inferred from your answer that you plead guilty. The only exception will be if you have evidence that will prove that you are actually innocent. However, absent that, I am afraid that you are stuck with the situation. Your unfortunate situation is a perfect example of why it's import to not be wise to the penny and foolish to the pound when it comes to hiring a lawyer. Hiring good legal counsel in a difficult situation is an investment in your future. Good luck and I am sorry not to have better news for you.

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  • Alcohol evaluation

    i just recieved my first misdemeanor DUI and my BAC was over.20 with my evaluation coming up, am i automatically placed in the "signifigant" risk category because of the high BAC? or does my clean driving record bear any weight at all?

    Michael’s Answer

    You will not necessarily be placed in the "significant" risk category but your high BAC puts you at a disadvantage. It depends on the overall picture painted by your evaluation and to a large extent, the judge who has your case.

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  • Second DUI Work Release Question

    If one gets a second DUI within seven years how likely is work release and what are the probably conditions of it?

    Michael’s Answer

    Many courts believe in work release as an alternative to traditional jail so as to give a repeat offender a chance to continue working while serving a period of incarceration. The key for you will be to be proactive on one hand but do not neglect to unturn every stone in analyzing your case. You should get the help you need from a skilled DUI attorney.

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  • What if the courts don't honor a plea agreement

    My fiancee is a retired Special Forces Marine, who went on three deployments. Last year, the police called him to say they wanted to talk, repeatedly lying to him about the topic. He went into a flashback and was scared that people were after him....

    Michael’s Answer

    The short answer is: it depends. If the agreement was in Michigan and it was protected by special language placed on the record called Killebrew language then your recourse is to withdraw. If the agreement is protected by the Killebrew language - which your lawyer is to ensure that the record of the plea hearing contains this statement - you have the automatic right to withdraw. Otherwise, you have to tell the judge that you want to withdraw the agreement based on the interests of justice. I find that sometimes the only way to protect yourself is to go to trial. Good luck.

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  • I am on probation for dui. I recently became semi-homeless and do not have a permanent address. what will probation do?

    Does probation need a permanent address from me? I have been staying with various friends/family until I find a permanent place to live. It has been this way for about two months now. I don't know what to do. However, during this time I have g...

    Michael’s Answer

    Communicate your situation with your probation officer. It does not mean that you will be violated but communication is the key.

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  • Does unlawful possession of a firearm constitute the felony in felony murder?

    Does unlawful possession of a firearm constitute the felony in felony murder?

    Michael’s Answer

    If your question is whether unlawful possession of a firearm constitutes the PREDICATE felony for felony murder, the answer is not in Michigan. Contact an attorney immediately

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