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Tuesday, November 26, 2013
By Michael Nichols
A felonious assault charge has been dismissed against a Nichols Law Firm client more than 18 years after the alleged assault occurred. The prosecutor alleged that the client threw a beer bottle at a house party in 1995. The client was never arrested for the alleged assault, but the prosecutor’s office issued a warrant for his arrest for felonious assault in 1996. However, the client had already moved out of state and did not discover the existence of the warrant until recently. After the client discovered the warrant he hired the Nichols Law Firm and returned to Michigan to resolve the matter. A preliminary examination was scheduled. Nichols Law Firm attorney Stephanie Tzafaroglou prepared thoroughly for the preliminary examination despite the scant discovery provided by the prosecutor. However when the Judge called the case, the alleged victim, the witnesses, and even the investigating officer, had all failed to appear for the preliminary examination. With no witnesses, victims, or other evidence, the prosecutor moved to dismiss the charge. Because the statute of limitations for felonious assault is 6 years, the prosecutor cannot refile the charge against the client.
If you need an attorney who can obtain results regardless of how much time has passed, contact the Nichols Law Firm at (517) 432-9000 or stzafaroglou@nicholslaw.net