Michael J. Nichols’s Answers

Michael J. Nichols

East Lansing DUI / DWI Attorney.

Contributor Level 9
  1. Criminal defense,plea bargain

    Answered over 4 years ago.

    1. Robert Edward Heyman
    2. Charles David Fantl
    3. Michael J. Nichols
    3 lawyer answers

    When it comes to early termination of a probationary term, the judge makes the ultimate decision. Usually, a favorable recommendation from the supervising probation agent is a necessity to achieving this objective. The defendant/probationer can file a request to the court for early termination. It sounds like you successfully completed close to 80 percent of your probationary term. Perhaps you can discuss this with your probation officer?

    1 person marked this answer as helpful

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

    Answered over 2 years ago.

    1. Michael Charles Doland
    2. Pamela Koslyn
    3. Bruce Allan Wilson
    4. Bruce E. Burdick
    5. Michael J. Nichols
    5 lawyer answers

    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.

  3. Underage Drinking citation and consequences?

    Answered over 2 years ago.

    1. Forest Dean Morgan
    2. Michael J. Nichols
    2 lawyer answers

    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.

  4. Should i be speaking to both attorneys

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. David Jon Pullman
    3. Andrew Stephen Roberts
    4. Ryan Gary Short
    5. Michael J. Nichols
    6. ···
    6 lawyer answers

    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.

  5. How do i reopen a case

    Answered almost 3 years ago.

    1. Eric Edward Rothstein
    2. Richard C. Southard
    3. Michael J. Nichols
    3 lawyer answers

    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...

  6. Alcohol evaluation

    Answered almost 3 years ago.

    1. Ted Harvatin
    2. Arkadiusz Z. Smigielski
    3. Kevin P. Cunningham
    4. Brian Elliott Arnold
    5. Michael J. Nichols
    5 lawyer answers

    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.

  7. Second DUI Work Release Question

    Answered almost 3 years ago.

    1. Jason Case Bailes
    2. Michael J. Nichols
    2 lawyer answers

    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.

  8. What if the courts don't honor a plea agreement

    Answered almost 3 years ago.

    1. Michael J. Nichols
    1 lawyer 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...

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

    Answered almost 3 years ago.

    1. Robert Louis Miller
    2. Steven Marc Raiser
    3. Theodore W. Robinson
    4. Michael J. Nichols
    4 lawyer answers

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

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

    Answered about 3 years ago.

    1. Robert M Dunphy
    2. Carl A Munson JR
    3. Lenell Rae Nussbaum
    4. Michael J. Nichols
    4 lawyer answers

    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