OUTCOME: Favorable Easement Ruling and Money Damages Obtained
Disputes about real estate easements and property lines are common in Northern Michigan. Attorney Nye's clients were peaceable folks who had a few pushy neighbors. Those neighbors repeatedly trespass...ed and damaged Attorney Nye's clients' property. The neighbors then filed a frivolous suit to claim easement rights which existed only in their heads. Attorney Nye was able to defeat the neighbors and win for his clients by motion, in addition to obtaining a mediation award to compensate his clients for the damages they suffered.
Criminal defense
Fast and Loose Prosecutor Defeated
Jun 21, 2016
OUTCOME: Probation Violation Dismissed; No Criminal Conviction Entered
Attorney Nye's client was on probation for possession of marijuana on a "deferred" plea agreement. The deal included that the criminal charge would be dismissed (because it was a first offense) if th...e defendant successfully completed probation. Near the end of probation, the defendant tested positive for marijuana on a urine test. After several hearings, where the prosecution played fast and loose with the facts, Attorney Nye was able to convince the court with the testimony of the laboratory director that the test was not verified as required by laboratory procedure, and under the rules of the testing program, the defendant's Due Process rights were violated. The court granted Attorney Nye's motion to dismiss and the defendant successfully completed probation and kept a clean criminal record.
Criminal defense
Not Gulty -- Shoplifting
Jun 14, 2016
OUTCOME: Jury Verdict -- Not Guilty
Attorney Nye's client was charged with shoplifting. Several weeks after the alleged crime, the store security staff was reviewing in-store video and thought they saw the defendant shop lift some items.... The store contacted the police, and the defendant was charged and arrested. At trial, the prosecutor failed to produce the actual video, and relied upon the memory of the security manager. Attorney Nye was able to effectively cross-examine the security manager and demonstrate his extreme bias and speculation about the missing video. Importantly, Nye was able to use a still-frame picture offered by the prosecution of the alleged crime to prove the security manager's testimony was untrue.
Criminal defense
Home Invasion Dismissed at Preliminary Examination
Feb 09, 2016
OUTCOME: Home Invasion Dismissed at Preliminary Examination
Attorney Nye's client was charged with home invasion. At the preliminary examination, Attorney Nye was able to effectively cross-examine the government's witnesses to illustrate to the judge that the ...defendant had a residence at the home which was allegedly invaded, although the defendant did not live there full time.
Criminal defense
Illegal Evidence Suppressed; Case Dismissed
Jul 06, 2015
OUTCOME: Dismissed
Attorney Nye's client was a working man in a commercial van pulled over by the Michigan State Police. The officer actually testified that the Michigan State Police target commercial vehicles, especia...lly smaller service companies. The officer learned that an occupant was a medical marijuana card holder. The officer had no lawful basis to search the van. Yet, he proceeded to order the occupants from the van and began to interrogate them without any facts to give him proper suspicion.
After two state troopers spend 15 minutes tearing apart the van, they found a tiny bit of medical marijuana in the form of wax. Since non-leaf forms of marijuana are considered illegal by the reefer-madness courts of the State of Michigan, the licensed medical marijuana patient, who had no criminal history, was charged with possession of marijuana.
Attorney Nye filed a motion to suppress the evidence and won. The trial judge dismissed the case, because the police officer did not have a lawful reason to make the traffic stop to begin with. The officer said that the van had a "loose" tail pipe. However, under Michigan law, it is not illegal to have a "loose" tail pipe. And perhaps most importantly, the dash cam video shows the cop actually kicking the tail pipe to prove it was loose.. Except the judge noticed that when the officer kicked the "loose" tail pipe, it did not move. It was not loose at all. The officer simply decided to make an unconstitutional stop because he had a bad "feeling" about the van.
Fortunately, in this country, the government cannot detain you without reasonable suspicion of criminal activity.
Call Attorney Nye for a free consultation on your criminal matter.
Car accident
$1.04 Million Dollar Jury Verdict on No Fault claim
Mar 04, 2015
OUTCOME: $1.04 Million Dollar Jury Verdict
Nye & Associates obtained a $1.04 million dollar jury verdict in the Isabella County Circuit Court on a third-party claim under the No Fault Act. The claim was based solely on the aggravation of a pr...e-existing back injury, where the defendants refused to accept any responsibility for the aggravation of injury.
Personal injury
$30,000 Landlord Pays
Mar 01, 2015
OUTCOME: $30,000.00 Settlement for Injured Tenant
Attorney Nye's client was an elderly person living in an apartment complex.
The landlord failed to properly salt the sidewalk and Attorney Nye's client fell and injured her knee.
Initially, the... tenant want just a few hundred dollars to reimburse herself for some miscellaneous medical costs. But the landlord refused.
So the tenant hired Attorney Nye. Landlords have extra special duties to keep the tenants' premises in reasonable repair, which includes removal of ice and snow.
In this case, Attorney Nye discovered that the landlord had a specific policy for ice and snow removal, which it violated. If the landlord had simply followed its own policy, then Attorney Nye's client would never have been injured.
Attorney Nye brought suit against the landlord. The landlord finally agreed to settle just before trial when it was clear that it was going to lose. So instead of a few hundred dollars of medical bills, the stingy landlord had to pay $30,000.00 to resolve the case
Criminal defense
Deferred Sentence Felony Malicious Destruction of Property
Mar 18, 2014
OUTCOME: Deferred Sentence with Dismissal
Mr. Nye's client was charged with felony destruction of personal property. Mr. Nye was successful in presenting his client's defenses directly to the prosecutor and obtaining a plea offer for a deferr...ed sentence and dismissal at the end of probation. Mr. Nye's client had no criminal history, and given the unique facts of the case and his client's pristine background, he was able to convince the sentencing judge to consent to the agreement. At the end of probation, Mr. Nye's client's case will be dismissed, without conviction, and the client will still retain a criminal-free history.
Bankruptcy and debt
Recovery from Debt Settlement Crooks
Feb 03, 2014
OUTCOME: Full Recovery
Mr. Nye's clients were a working couple that got snared by a debt settlement company run by Florida attorneys. The "debt settlement" program failed, in part, because of the excessive "up front" fees c...harged by the debt settlement company contrary to federal and state law. Attorney Nye successfully sued the Florida attorneys in federal court and had a full recovery for his clients.
Personal injury
No Fault Recovery
Jan 01, 2014
OUTCOME: $500,000.00 recovery
The insurer wrongfully denied medical benefits under a No Fault Claim.
