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Appellate Victory

by | Dec 27, 2019 | Nacht Law in the News |

Yes, Nacht & Roumel, P.C. does criminal law too.  Attorney Nick Roumel just won a case in the Michigan Court of Appeals, reversing the trial court’s award of nearly $300,000 in restitution based on a guilty plea to a single count of attempted unauthorized practice of a health profession. The trial court had improperly considered uncharged conduct when calculating the award. Only charged conduct, that gives rise to the conviction, may be used as a basis for restitution. Thus the Court of Appeals remanded to the trial court with instructions to recalculate restitution, which will correctly be in the $47,000 range. While still a large sum, it will give the defendant a much better opportunity to put this case behind her and make a fresh start. 

Reference Michigan Court of Appeals Case No. 345033 (12/19/19) appeal from Wayne Circuit Court

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