Nicholas A. Leydorf’s Answers

Nicholas A. Leydorf

Lansing Criminal Defense Attorney.

Contributor Level 10
  1. Is an OUI the same as a DUI

    Answered 9 months ago.

    1. David B. Carter Jr.
    2. Nicholas A. Leydorf
    3. John E. Melton
    4. Lee Alan Thompson
    5. Marshall S. Tauber
    6. ···
    7 lawyer answers

    You should contact an attorney to fully discuss the factual details of your case in a confidential setting. From the brief set of facts that you have outlined here, there may be an issue whether you were "operating" the motor vehicle. "Operating" the motor vehicle is an element of OWI (Operating While Intoxicated that the prosecutor must prove beyond a reasonable doubt. There are many cases that define "operating" a motor vehicle, however, in my opinion, the facts you describe are not "...

    10 lawyers agreed with this answer

  2. MIP and retail fraud.

    Answered over 2 years ago.

    1. Nicholas A. Leydorf
    2. Ronald Lee Burdge
    2 lawyer answers

    Based on the facts as you have outlined them here, it would appear that you qualify for HYTA status, which would allow you to enter a plea of guilty to the Retail Fraud offense and if you were to successfully complete your probation the charge would be dismissed. Regarding the MIP, it would also appear that you would qualify for a deferral, which would also result in no conviction. If you receive this special treatment and were to screw up while on probation, there is a chance that you...

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  3. I am a first time felon, i took a plea am i able to get that removed off my record?

    Answered almost 2 years ago.

    1. Nicholas A. Leydorf
    2. Ronald S. Pichlik
    3. Margaret J. Nichols
    3 lawyer answers

    In order to petition the court to set aside your conviction, you first need to wait at least 5 years from the date that you finished your jail time. There are also requirements regarding your prior criminal history that you must satisfy, but without further information, I can't provide you with a more detailed answer.

    5 lawyers agreed with this answer

  4. Michigan being zero tolerance , How can the charge medical marjuna card holder ,a dui/dui/d when thc stays in blood stream days

    Answered almost 2 years ago.

    1. Nicholas A. Leydorf
    2. Andrew Charles Lapres
    3. Ronald S. Pichlik
    4. Steven Arnold Heisler
    4 lawyer answers

    You should speak with an attorney who has handled these particular types of cases and is familiar with the recent cases regarding THC and THC metabolites. Also, you need an attorney to take a look at the police report, any in-car camera or officer camera to review the basis for the stop.

    5 lawyers agreed with this answer

  5. What do i do? I have a warrant and never got any papers or card telling what for or when the court date was

    Answered almost 2 years ago.

    1. Nicholas A. Leydorf
    2. Marc G. Beginin
    3. Becket J. Jones
    3 lawyer answers

    You should contact a criminal defense attorney who can assist you with this matter. It is possible that the attorney could contact the court and see if it is possible to waive the arraignment, which would enter a plea of not guilty on your behalf. If you have an active warrant for your arrest, then if you are stopped by a police officer you will likely be taken into custody. A criminal defense attorney can assist you by finding out more about the complaint (for instance, the date that...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Can I trust the attorney whose office is located across from the jail?

    Answered almost 2 years ago.

    1. Jeffrey Anthony Skiendziul
    2. Nicholas A. Leydorf
    3. Sherry Chalor Cross
    4. Michael Lawrence Doyle
    5. James T. Weiner
    6. ···
    6 lawyer answers

    I agree with the other answer provided and would add that while you may not have a great deal of money to spare, you shouldn't necessarily select a lawyer based on how much they are willing to charge to represent you.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Am I facing possible sex offender registry?

    Answered almost 2 years ago.

    1. Nicholas A. Leydorf
    2. Timothy P. Smith
    3. Michael A. Liquigli
    3 lawyer answers

    Based on the information you have provided, there would be no registration as a sex offender as I understand from this post and your others that you do not have any prior convictions related to indecent exposure. You need to discuss what you referred to as your "lack of cooperation." Resisting and Obstructing a Police Officer can be a tricky case to defend, however, in light of recent Michigan Supreme Court cases such as People v Moreno, there are possible defenses that may apply. Also, in...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Deferred program in michigan?

    Answered almost 3 years ago.

    1. Nicholas A. Leydorf
    2. Ezra N. Goldman
    3. Barry Franklin Poulson
    4. Andrew Charles Lapres
    4 lawyer answers

    In light of the recent change in Drunk Driving law in Michigan, you should contact a criminal defense attorney immediately to discuss what effect your high BAC will have on your license and what to do in advance of going before the judge to put yourself in the most favorable light possible. Having practiced in Ingham County on a regular basis, typically first time OWI offenders are not put in jail on a first offense.

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  9. Pleading not guilty to misdemeanor 3 retail fraud, have not consulted a laywer, will present myself at arraignment- suggestions?

    Answered about 1 year ago.

    1. Nicholas A. Leydorf
    2. Joshua Duane Jones
    3. Patricia A. Reiser
    4. J. Matthew Catchick Jr.
    4 lawyer answers

    I've handled numerous cases in 54B District Court. Pleading not guilty at the arraignment will not lessen your chances of achieving the best outcome. In my opinion, pleading not guilty at the arraignment is the only way in which you could obtain the result that you are looking for. If you have no prior criminal history but are not eligible for HYTA Status, you may be eligible to participate in a diversion program (depending on the agency that is prosecuting the case) which would result in...

    4 lawyers agreed with this answer

  10. How long for Dui blood test results, pt. 2.

    Answered almost 2 years ago.

    1. Nicholas A. Leydorf
    2. Timothy J. Klisz
    3. Scott Matthew Aaronson
    4. Jonathan Andrew Paul
    5. Nader W. Nassif
    5 lawyer answers

    If the prosecuting agency is charging you with Operating While Visibly Impaired (OWVI), then you need to speak with a criminal defense attorney that will evaluate your case and determine the best course of action for you. Regarding plea negotiation, often when you are charged with OWVI, which is a lesser included offense of OWI (Operating While Intoxicated), prosecutors or city attorneys are not willing to make plea offers to lesser charges because there isn't a lesser alcohol related traffic...

    4 lawyers agreed with this answer