In The News

In The News

Sunday, December 8, 2013

"Can a Judge Banish My Child from Campus or Effectively Kick My Child Out of School if He or She was Involved in the Civil Disobedience in East Lansing Over the Weekend?" East Lansing Attorney Mike Nichols Says: "Yes."

By Michael Nichols
Categories: Michael J. Nichols, Drunk-Driving, OWI, Minor in Possession

 ***      The contents of this article are intended to be both informative but also to market the services of the law firm to potential clients who are seeking attorneys with intricate knowledge of the issues of "cedarfest" riots or "couch burning" riots in East Lansing. This information is not intended to solicit an individual client by name but rather, designed to make the general public aware of the services and particular knowledge of the attorney/law firm.

Over a dozen young people will be charged with various crimes after a disturbance over the weekend off Michigan State University's campus. East Lansing DUI-DUID and Criminal Defense Attorney Mike Nichols says that the episode was apparently the result of celebrations over the Michigan State University's football team that got carried away. Nichols says "the video that I saw on the LSJ.com website shows some but not the whole story of what happened; but one thing for sure is that arrests were made by law enforcement with people involved getting placed in physical custody and that the police will continue to investigate from videos at the scene."

Mike Nichols can we been seen speaking on the issue in the following video clip:

http://www.wilx.com/news/headlines/Defense-Attorney-Holding-Burn-the-Couch-Sign-Not-a-Criminal-Act-235169421.html?device=phone

There is a special provision of the law, MCL 769.1g that actually allows a judge to kick a person off campus for a period of time if the person is involved in gathering for an illegal purpose. On two prior occasions in the last 14 years since the law was created, individuals have been subjected to "banishment." Nichols says "this law is written in a very strange manner. For example, what is conduct, 'directly related' to one of these episodes. However, I have no doubt that as soon as you plead guilty to an offense involved with the events of the early morning of December 8, you will be at risk of removal and banishment from MSU's campus." Already, lawyers at the Nichols Law Firm are communicating and meeting to discuss how to best represent the interest of people charged with offenses from the December 8th incident.

The lawyers at the Nichols Law Firm were successful on 2 separate cases arising from a so-called riot approximately 5 years ago in saving the college careers of clients charged for "rioting" in the Cedar Village area of campus.

Cedar Village is an area of apartments and houses located just east of campus and north of the Red Cedar River in East Lansing. Copies of the full text of the East Lansing City Ordinance prohibiting "incitement to riot" - and punishable by up to 93 days in jail, as well as the "campus ban" sentencing statute are at the bottom of this article.

For the law firm and lawyers who are experienced in defending those charged with "politically unpopular" and high-profile crimes involving so-called "couch-burning" riots - call the Nichols Law Firm at 517.432.9000 or contact Mike Nichols directly: mnichols@nicholslaw.net

City Ordinance:

            (10) of 26-52 of the East Lansing City Code:

No person shall:

"Assemble or act in concert with four or more other persons for the purpose of engaging in conduct constituting the crime of riot, or be present at any assembly that either has or develops such a purpose and remain thereat with intent to advance such purpose. For purposes of this section, a person, other than an on-duty law enforcement officer, remains at a riot with the intent to advance its purpose if they participate in the riot in any manner including, but not limited to, committing or attempting to commit any of the following acts:

                        Throwing or propelling or causing to be propelled any object which includes, but is not limited to, discharging fire extinguishers or deploying fireworks as defined by MCL 750.243a(1)(a).

b.

Damaging, destroying, injuring or defacing any public property or private property not their own.

c.

Meddling with any deployed riot control agent.

d.

Exposing their buttocks, genitalia, or, if a female, exposing their breasts.

e.

Wearing a gas mask, helmet, or protective clothing for the purpose of avoiding the affects of deployed riot control agents or for the purpose of meddling with deployed riot control agents.

f.

Wearing a mask or taking other measures to hide their identity.

g.

Participating in chants or taunts directed toward the police.

h.

Walking or running through a police line or otherwise obstructing the police in the discharge of their duties.

i.

Refusing or failing to leave a public street or sidewalk after an order to do so is given by a police officer.

j.

Remaining on a street, sidewalk or other public property where a riot control agent has been deployed within that area or returning to said street or sidewalk or other public property within 2 hours after a riot control agent has been deployed in that area other than to directly traverse the area to get to a destination outside of the area.

k.

Remaining on a street, sidewalk or other public property after a public announcement has been made over a loud speaker that an assembly on that street, sidewalk or that public property is an unlawful assembly or returning to a street or sidewalk or other public property within 2 hours after such an announcement has been made other than to directly traverse the area to get to a destination outside of the area.

l.

Starting a fire or placing combustible items onto a fire.

m.

Engaging in a physical fight or pushing or shoving persons other than in self defense.

n.

Cheering, applauding or otherwise encouraging any of the conduct identified in subparagraphs (a) through (m) of this paragraph.

 

 

Sentencing Statute:

            Sec. 1g. (1) As part of the sentence for a conviction for any offense that the court determines was directly related to a riot, incitement to riot, unlawful assembly or civil disorder on or within 2,500 feet of a public community college, public college, or public university campus in this state, the following apply:



 

(a) The court may order the individual not to enter upon any public community college, public college, or public university campus in this state as follows:



 

(i) If the offense is a felony, for 2 years following the imposition of sentence or, if the person is ordered imprisoned for the violation, the completion of the term of imprisonment.



 

(ii) If the offense is a misdemeanor, for 1 year following the imposition of sentence or, if the person is ordered incarcerated for the violation, the completion of the term of incarceration.



 

(b) The court may order the individual to reimburse the public community college, public college, or public university, or this state, or a local unit of government of this state for expenses incurred as a result of the riot, incitement to riot, unlawful assembly, or civil disorder. The amount shall be reasonable and shall not exceed the individual's pro rata share of the costs. Reimbursement under this section shall otherwise be made in the same manner as reimbursement is made under section 1f of this chapter.



 

(2) If the prosecuting attorney or the attorney for a city, village, or township intends to seek an order under subsection (1), the prosecuting attorney or the attorney for that city, village, or township shall include on the complaint or information the following statement:



“Take notice that if convicted, the defendant may be subject to the provisions of MCL 769.1g.”.



(3) The existence of the facts resulting in the issuance of an order under this section shall be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing.



(4) If a complaint or amended complaint is filed under this section after a plea but before sentencing, the defendant shall be given an opportunity to withdraw his or her plea before sentencing.



(5) An order issued under this section shall not apply to any of the following:



(a) Entering onto a public community college, public college, or public university campus to obtain medical treatment.



(b) Traveling on a public highway situated on a public community college, public college, or public university campus for purposes of traveling to a location other than that public community college, public college, or public university.



(6) If the individual is placed in the jurisdiction of the department of corrections for the violation, the court may request the parole board to prohibit the individual from entering onto a public community college, public college, or public university campus in this state for 2 years as provided in subsection (1) as a condition of parole.



(7) An order imposed under subsection (1) may be in addition to any other penalty or condition of probation imposed for the violation.



(8) This section does not require any person to be convicted of riot, incitement to riot, unlawful assembly, or civil disorder.



(9) As used in this section:



(a) “Civil disorder” means conduct proscribed under section 528 or 528a of the Michigan penal code, 1931 PA 328, MCL 750.528 and 750.528a.



(b) “Felony” means that term as defined in section 1 of chapter I.



(c) “Incitement to riot” means conduct proscribed under section 2 of 1968 PA 302,MCL 752.542.



(d) “Misdemeanor” means that term as defined in section 1 of chapter I.



(e) “Riot” means conduct proscribed under section 1 of 1968 PA 302, MCL 752.541.



(f) “Unlawful assembly” means conduct proscribed under section 3 of 1968 PA 302,MCL 752.543.



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Peer Recognition

Mike Nichols is a national leader in drunk driving defense. He is a member of the Forensic Committee and Michigan delegate to the National College for DUI Defense. He is also a Sustaining Member of the College. Nichols is also a founding member of the Michigan Association of OWI Attorneys; a member of the American Chemical Society; an associate member of he American Academy of Forensic Science, Adjunct Professor of Forensic Evidence in Criminal Law and OWI Law and Practice at Cooley Law School. He is also author of the West OWI Practice book and several chapters in other books on science and the law.

Mike Nichols is recognized by his peers in Michigan as a “SuperLawyer” in DUI/Criminal Defense. Nichols has also been asked to speak at conferences by groups such as the NCDD; Various Bar Associations in other states.