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Thursday, September 13, 2012
By Michael Nichols
Categories: Michael J. Nichols
Many lawyers believe that the offer made by the prosecutor will only get better if you beg and present character references and good report cards. East Lansing criminal defense attorney, Mike Nichols disagrees and specifically sites a case in which he successfully represented an MSU student: “during the September jury selection phase in East Lansing, I planned to go to trial on a charge of urinating in public and disorderly conduct for resisting a police officer on behalf of a client. This young man had already gone through the minor in possession diversion program and did not want a criminal record to follow him after graduation from Michigan State University. He was accused of running from an East Lansing police officer who believed he and a friend were about to urinate in public. The officer wrote the report in such a way that he claimed my client tried to get up and run after the officer tackled him. The key was that the officer described how he caused an injury to my client by delivering a straight arm punch to keep him down. I do not believe that juries in East Lansing care for that type of conduct on the part of police officers.”
The prosecution refused to defer the charge so that this young man could avoid a criminal record.
“However, on the day that we were to pick the jury and start the trial phase, the prosecution agreed to dismiss the charges under a deferral agreement so that if the client does not get into any trouble for six months, the case is dismissed,” Nichols adds. He also says: “I believe that in this case, it made a difference that I was simply prepared to go to trial, rather than spend a bunch of time with the prosecutor begging for the plea that we wanted and talking about what a good kid my client is because that doesn’t set this case aside. Lawyers can say that their client is a good kid about 90% of the time. What made a difference is that I was prepared to try the case and the prosecutor knew that because I try cases all the time.”
For an attorney who is committed to results for your case, call the Nichols Law Firm at (517) 432-9000.