In The News

In The News

Sunday, June 29, 2014

Nichols Law Firm Attorney Saves Client From Serving an Unlawful Jail Sentence

By Michael Nichols

Nichols Law Firm Attorney Stephanie Tzafaroglou prevented a local jail from holding a Nichols Law Firm client for a longer sentence than was ordered by the Court. The Court sentenced the client to 14 days in jail with credit for one day credit for time served. However, when the client reported to begin his jail sentence he was advised that he would not receive credit for time served because it was not noted on the Judgment of Sentence executed by the Court. The Court indicated that it would not amend its judgment of sentence because the judge failed to annotate credit for time served in his notes despite ordering it on the record. Nichols Law Firm attorney Stephanie Tzafaroglou filed an Emergency Motion to Correct the Sentence. Within hours of filing of the motion, the Court provided the jail with an amended judgment of sentence granting the client credit for time served. The credit for time served was critical for the client as his jail sentence imposed an enormous hardship on his employment.

Michigan Court Rule (MCR) 6.425(E) requires the Court at sentencing to “state the sentence being imposed, including the minimum and maximum sentence if applicable, together with any credit for time served to which the defendant is entitled.” MCR 6.427 requires the Court to sign a written judgment within 7 days of sentencing that states the terms of the sentence. The Court is also required to grant any defendant credit for time served for any jail time served before sentencing due to being denied or unable to furnish bond. MCL 769.11b. If the Court does credit a defendant for time served or improperly calculates credit for time served, the defendant will end up serving a jail sentence than is greater than is permitted by law.

If you require an attorney that will advocate for you until your sentence is complete, contact the Nichols Law Firm at (517) 432-9000 or stzafaroglou@nicholslaw.net.

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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.