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Saturday, April 17, 2010
By Michael Nichols
Categories: Michael J. Nichols
On the morning of trial, a Nichols Law Firm client, who faced 2 counts of criminal sexual conduct was allowed to plead guilty to a misdemeanor that may mean no time in jail and avoided the risk of prison. "There was no basis for us to be given this plea offer other than the fact that we were prepared for trial and showed up prepared for trial. Once the prosecutor, a skilled and experienced trial lawyer, saw our exhibits, our evidence and realized the potential problems in his case he knew that a little was better than potentially nothing," said Mike Nichols. Mike Nichols has been litigating serious-criminal-charges in Michigan including major felonies like homicide, criminal sexual conduct and drunk driving with aggravating circumstances as well as OWI and Operating While Impaired by Drugs for 11 years.
"We assembled a team and spent months preparing for this criminal sexual conduct trial. For the prosecutor, this was just another file. He did not and would not have the chance to really assess his case until the eve of trial. That is just the way it works. You are in a situation where you cannot beg for a reasonable outcome. You have to prepare for the trial, play the so-called poker game and show your cards unless the prosecutor decides that he has to negotiate from a position of weakness," Mike Nichols added.
This client was allowed to plead to a high court misdemeanor on the 1st day of trial. In exchange, 2 felonies that carried maximum penalties of 15 years in prison with lifetime registration on the sex offender registry were dismissed. He has a reasonable chance of work release if the judge imposes any jail time at all. Any time will be served in the county jail, if it is ordered, but prison will not be a legal option for the judge at sentencing.