The Nichols Law Firm is investigating the charges against their client and preparing her defense.

A conviction may be set aside (also called “expunged) under MCL 780.621 et seq. so long as it is not a prohibited offense. The statute of course, does not establish the right to set aside a conviction but enables a defendant to Petition the Court to Set Aside a conviction once five years passes from the date of sentencing or the last day of incarceration.

Imagine this: you’re a Michigan State University Student, with finals fast approaching. As if school wasn’t stressful enough, you make the mistake of having “one too many”. You then get convicted and sentenced for “Drunk Driving”. You know that the Michigan Secretary of State is going to sanction your Michigan driving privileges. But, what does it really matter since you’re originally from some other State (Virginia, for example)? It matters a lot more than most people realize.

Watch Mike Nichols give his thoughts on personal sobriety tests.

The flavor of the month for dealing with suspected drunk drivers in extreme cases like felonies, accidents involving injury or death, even some 1st time defendants with an extremely high BrAC or BAC seems to be ordering the defendant to undergo a substance abuse assessment.

Judges are constrained in most Michigan-criminal-cases when it comes to setting bond. The Michigan constitution, statute and court rule on bond requires that the judge set bond either with no money up front, a sufficient amount to assure your appearance or a combination of money up front and conditions that are the least restrictive on your freedom but also assure the safety of any member of the community.

Read the article from The Detroit News.

Attorney Fred Bell will participate as a mentor for Defendants taking advantage of the new Veterans Court established for Ingham County and operating from 54B District Court in East Lansing.

Law enforcement can no longer require someone to take a preliminary breath test (pbt) in the State of Michigan when investigating a potential violation of the minor in possession (MIP) statute. In People v Chowdury, 285 Mich App 509 (2009), the Court of Appeals adopted prior rulings in 2 cases by a federal judge in Bay City. That ruling held that the administration of a pbt is a search for purposes of the 4th Amendment. The ruling also held that a police officer must have either a search warrant or an exigent circumstance in order to require a citizen to submit to a pbt.

The Lansing State Journal launched an editorial in opposition of the Ingham County Prosecuting Attorney and in support of a client of the Nichols Law Firm.

The Michigan Legislature passed very strict laws that criminalize minor in possession. If you have a son or daughter who is ticket for minor in possession that means that he or she was charged with a crime.

An Eaton County man was found not guilty despite photos of traumatic injuries and testimony from the treating physician.