After a preliminary exam at the district court for the City of Westland, Chris Kessel was able to have armed robbery charges dismissed against his client.
Our client was initially charged with armed robbery after a incident that happened in a local K-Mart. The testimony from one of the store’s loss prevention officers was that the client stole some costume jewelry from the store. In essence, the client committed a retail fraud. The client then left the store with her boyfriend (and co-defendant). When the two were stopped by the store’s employees, our client continued walking to her car, while the co-defendant lifted up his shirt and allegedly threatened the employees with a handgun. Our client was charged based on the theory that she was an accessory to the boyfriend’s use of the weapon.
During the exam Chris Kessel forced the K-Mart employee that the client had never encouraged, assisted, or in any way aided the co-defendant in his use of the weapon. Further, Mr. Kessel got the same employee to admit that was securely inside of a vehicle when the co-defendant made the alleged threats.
The prosecutor attempted to argue that because the client knew that the co-defendant often carried a weapon (legally) that she should be considered liable for his actions concerning the weapon. Mr. Kessel argued to the judge that not only did the client play no part in the alleged use of any weapon, but to hold his client liable would be to say that anyone, anywhere, who is in the company of someone they know LEGALLY carries a firearm can be considered legally responsible for that person’s actions.
Judge Cicirelli, latching onto Chris’s argument, dismissed the charges against the client, who will now only face the misdemeanor charge of retail fraud.
Skillful cross-examination is just one of the many reasons why Nessel and Kessel Law are considered to be some of the best Michigan criminal defense attorneys. When a client retains Nessel and Kessel Law we immediately begin to develop a comprehensive strategy for success. Sometimes success means convincing the prosecutor to dismiss the charges completely, or have them greatly reduced. Other times it means a motion to suppress evidence to have the case dismissed by a judge, or fully preparing for trial and securing a not guilty verdict.
Regardless of the charge, if you or a family member is facing felony charges or misdemeanor charges, contact the attorneys at Nessel and Kessel Law so that you can find out what a top Detroit defense attorney can do for you.