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Michael J. Nichols

Michael Nichols’s Answers

53 total

  • I didnt know i was driving a getaway car for someone who,is accused of stealing under 50worth of stuff

    will i be prosecuted, even though i didnt do anything wrong(or so i thought)

    Michael’s Answer

    Among the elements of the crime that the government must prove are knowledge and intent. The government can try to prosecute you but the government has to prove it.

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  • Does my son need a lawyer?

    He was stopped while driving and charged with an expired tag and misdemeanor marijuana possession. He was told by the cop who arrested him that he's not going to show up for the case. My son has never even had a traffic violation previously. He is...

    Michael’s Answer

    Your son should definitely obtain a lawyer. Foremost, the officer will be issued a subpoena by the prosecution. Secondly, it is quite possible that the officer was not forthcoming.

    If you want to protect your son's record, help him find good counsel.

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  • I got two DUIs, one when I was 18 and one when I was 21. I am now 29 I tried to get my license back in 2003 and it didn't work.

    I've been clean for over a year and have had documented treatment. Do I still have to go through the appeal steps to get it back since it has been so long?.......Thanks.

    Michael’s Answer

    In Michigan you will still be required to go through the process and "jump through the hoops" so to speak.

    It will take time, effort and some money but it sounds like it is worth it to you.

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  • 1st DUI

    Daughter recieved her 1st DUI which no tag, no insurance and wrong side of the road was added on. Do you think she will be facing jail time?

    Michael’s Answer

    It depends on your state and on your judge. I cannot speak to Alabama's laws. Are there any aggravating circumstances? A 1st DUI in Michigan usually does not entail jail time as an outcome. Mike

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  • Is this a felony?Can i loose my drivers license for this? What are my rights?

    Hi, I am being charged with Larson from a motor vehicle in the state of Michigan. I took a battery out of the back of an open pickup truck put it in my vehicle and took off.a few hours later I felt guilty and went back to see if the truck was stil...

    Michael’s Answer

    larceny from a motor vehicle can be a felony conviction. It will not cost you your license necessarily. Mike

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  • Can I get my MIC citation dismissed or be given Diversion?

    On 9/2, I was given a MIC citation from an on campus policeman in Idaho. I was walking out of a party and was helping an extremely intoxicated friend who was not able to walk. The police officer then came and asked for our ID's and the friend bega...

    Michael’s Answer

    In Michigan there is a law that allows for diversion/dismissal of a charge of minor in possession/consumption of alcohol. There is legal authority here that prohibits officers from giving people breath tests to prove minor in possession without a warrant. Check with a lawyer in your state.

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  • Was it a legit arrest

    i was arrested for possesion of drug paraphanelia. the cop found a broken pipe behind the seat of my truck. he towed my truck and arrested me but on my ticket it has no info on my truck it was left blank an its marked non traffic. so if theres no ...

    Michael’s Answer

    I need to know more to give you an educated answer. Generally speaking, searches of a vehicle following and incident to an arrest are invalid under Arizona v Gant. There are other exceptions such as an administrative search or a consensual search. However, the state has the burden to justify the seizure of evidence following a search without a warrant. I hope that helps.

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  • Minor consumption of alcohol

    I am 18 and was on my way home from a party I was a passenger and the driver was completly sober. a cop pulled us over and had us take a breathalizer test, How would i fight this case?

    Michael’s Answer

    In Michigan, the minor in possession statute was declared unconstitutional by a federal judge and then subsequently by a district judge in state court. The reason is because police officers cannot compel an individual to submit to a preliminary breath test (pbt) without a warrant or an emergency (known as an exigent circumstance). The elimination of alcohol from your body is not a sufficient emergency to allow a warrantless pbt. You should check with a lawyer about the laws in your state.

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  • Am I eligible for a Public Defender?

    I live in California and I was recently charged with my first crime. I am 18 years old. My parents are absolutely refusing to help me. I recently got a job which pays minimum wage and I cannot afford a lawyer by myself. My parents claim me as depe...

    Michael’s Answer

    You should advise the court of your financial situation, your net income, your expenses and the fact that your parents will not assist you and that you cannot afford a lawyer on your own. Make it clear to the court even if you need to have a hearing or provide documentation other than the typical petition for a court appointed lawyer.

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  • Can my husband get a diversion on criminal charges if he hasnt been in trouble in 16 yrs?

    all charges are due to domestic violance

    Michael’s Answer

    Diversion is a term that is used to describe placement in an informal program in which you pay a fee, stay out of trouble and charges are dismissed.

    If you mean expungement ... he would be eligible to expunge from his record after 5 years passes from the time that he completes sentencing.

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