An Illinois man is free on an unsecured bond after criminal defense attorney Mike Nichols secured his release in a detention hearing in federal court. The man is charged in the Federal Court for the Western District of Michigan with conspiracy to deliver marijuana that was grown as medical marijuana in California.
Nichols said that the case is complex but there were not enough facts proved to hold his client without bond at this time. "The Bail Reform Act states that a person charged with a crime - even a federal crime - is still presumed to be entitled to pretrial release. Only in special circumstances such as the nature of the person's record, specific facts that prove a flight risk or the type of charge will or should that presumption be shifted to the defense," said Nichols. The Bail Reform Act is codified as 18 USC 3141 et seq. Federal Rules of Criminal Procedure 46 covers release from custody and detention.
A hearing that lasted about an hour was held before a federal magistrate January 7th. After the hearing, the judge agreed with Nichols that despite the government's efforts, the United States Attorney's Office did not meet its burden to demonstrate that detention was warranted.
"It was a tough hearing and we agree with the judge's decision. She also imposed travel restrictions with a curfew along with a bond that will be forfeited if the bond is violated so there are sufficient safeguards in place and we are pleased with this outcome."
Mike Nichols is an adjunct law professor of forensic evidence at Thomas M. Cooley Law School and former chair of the Ingham County Bar Association Criminal Law Section. He is a member of the National Association of Criminal Defense Lawyers and Michigan Delegate to the National College for DUI Defense, of which he is a sustaining member. He is also a published author.
For the attorney who is committed to results and committed to your liberty, call Mike Nichols at 517.432.9000 or firstname.lastname@example.org