Judge advises defendant to get drug problem under control.

October 31, 2017

Nicole Kaiser with her attorney, David Glancy.

Judge advises defendant to get drug problem under control.

#MasonCountyCrime

By Allison Scarbrough. Editor.

LUDINGTON — A 29-year-old Pentwater woman received a grim warning from 51st Circuit Court Judge Susan K. Sniegowski during sentencing Tuesday, Oct. 31.

Nicole Lynn Kaiser, of 5086 Wayne Ave., pleaded guilty to tampering with an electronic monitoring device and third-offense habitual offender last month.

Kaiser was sentenced Tuesday to serve five months up front of a one-year discretionary jail term with credit for 100 days served.

“With your prior history, this (plea) agreement is at the very low end of the (sentencing) guidelines,” the judge said. “I really want to advise you if you don’t want to end up in prison, you need to get control of your drug problem. If you don’t do that, you will find yourself a victim of your drug problem and will not be here with us or end up in prison. You will either end up back here or end up dead.”

Kaiser was arrested last June by the Ludington Police Department for tampering with her tether.

She was initially charged with fourth-offense habitual offender, which would have elevated her possible maximum term to 15 years, stated Mason County Prosecutor Paul Spaniola.

Kaiser also was sentenced to 60 days for probation violation, said her attorney David Glancy.

“I let the battery die on it,” Kaiser previously told the judge about her tether.

Kaiser then failed to report to her probation officer for approximately one month, Spaniola said.

Kaiser’s previous convictions include fleeing and eluding police; delivery/manufacture of cocaine, heroin or another narcotic less than 50 grams; delivery of a schedule 1, 2, 3 drug; and possession of cocaine/heroin or another narcotic less than 25 grams, Sniegowski stated.

Her sentence also includes two years probation.

Kaiser’s attorney, David Glancy, said his client is attending one-on-one and group counseling with community mental health for her substance abuse issues. “She’s getting some benefits from that,” Glancy said.

Sentencing guidelines in the case are two to 25 months, the prosecutor said.

This story and photography are copyrighted © 2017, all rights reserved by Media Group 31, LLC, PO Box 21, Scottville, MI 49454. No portion of this story or images may be reproduced in any way, including print or broadcast, without expressed written consent.

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