As in all criminal cases, in order to be convicted of Felon In Possession, the prosecutor must prove all of the elements of the crime beyond a reasonable doubt.
This is another incredibly common charge in Michigan, especially in the City of Detroit.In order to be convicted of Felon In Possession, the prosecutor must prove that you were: 1) in possession, selling, buying, or transporting a firearm; and 2) that you had not had your rights to possess a firearm restored.
If convicted of Felon In Possession, a defendant is looking at up to 5 years in prison as well as a $5,000.00 fine. FIP is a particular problem for defendants because it is almost a guarantee that along with the FIP charge, you will be facing the charge of Felony Firearm.
4th Amendment Rights
More often than not, weapons charges will involve complex 4th Amendment issues. These cases usually stem from a “stop and frisk” or the execution of a warrant…or lack of warrant in some cases. These issues not only require a criminal defense attorney who knows the law, but also one who can paint officers into a corner where they have to admit that they violated your rights. While the average attorney may be able to tell you that the 4th Amendment protects you against unreasonable searches and seizures, it takes a expert defense lawyer to know all of the facets of 4th Amendment law and how to use the law to your advantage.
The Nessel and Kessel Approach
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. Each case and set of facts are different. Contact Nessel and Kessel Law today and see what success can mean for you.