Legal Blog

Michigan Courts Side with Gun Owners

In People v DeRoche, a recent case in the Michigan Court of Appeals, the court held that it was a violation of the Second Amendment to charge a person with possession of a firearm while under the influence of alcohol when the possession occurred in the person’s home and was not coupled with any other illegal activity.

The statute in question, MCL 750.237, restricts the possession of a firearm as follows:

(1) An individual shall not carry, have in possession or under control, or use in any manner or discharge a firearm under any of the following circumstances:

(a) The individual is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.

(b) The individual has an alcohol content of 0.08 or more grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(c) Because of the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance, the individual’s ability to use a firearm is visibly impaired.

The case came about when two Novi police officers were called to a home because of a “verbal altercation”, where they eventually came into contact with Mr. DeRoche. It had been alleged that Mr. DeRoche had possessed a gun earlier that night, but upon arrival the officers had been shown where the gun had been hidden by Mr. DeRoche’s mother in law. After speaking with Mr. DeRoche, and discovering that he ws drunk, he was arrested for the possession of a firearm while intoxicated charge.

After several hearings the case made its way up to the court of appeals. The court held that charging Mr. DeRoche in such a manner was unconstitutional because it violates his federal and state right to bear arms in his home for purposes of self-defense. The court, referencing a recent United State Supreme Court opinion, stated that the Second Amendment, while not absolute, did protect the rights of citizens to keep fire arms in their homes for the purpose of self-defense.

“While Second Amendment rights are not unlimited, this conduct is protected. Aside from the statute at issue, defendant was not engaging in an unlawful behavior nor were there any facts to suggest that defendant possessed the handgun for any unlawful purposes. Further, it was not established that this is the case where someone was unlawfully allowed to own or possess a handgun in the first instance. Additionally, the prosecution has failed to establish that the conduct at issue had been historically outside of the scope of Second Amendment protection. Greeno, 679 F3d at 518. Given the above discussion, defendant’s conduct fell within the protections of the Second Amendment. While the perceived danger associated with intoxicated individuals and handguns is real and important, these issues are addressed by analyzing the conduct under the second prong of the Greeno test as discussed below.”

The court concluded its opinion by stating:

“In conclusion, the government cannot justify infringing on defendant’s Second Amendment right to possess a handgun in his home simply because defendant was intoxicated in the general vicinity of the firearm. Accordingly, the district court did not err in finding that MCL 750.237, as applied to defendant, was unconstitutional.”

Gun crimes are some of the most common charges brought in the State of Michigan. In order to protect yourself, you need one of Michigan’s top criminal defense attorneys. These cases often revolve around the testimony of police officers of civilian witnesses, which means your freedom rests on your lawyer’s ability to skillfully cross-examine those witnesses. Be sure to put your freedom in the hands of criminal defense lawyers who have the experience and ability to break down a prosecutor’s case and clear your name.

Call Nessel & Kessel Law today for a free consultation.

Nessel And Kessel Law Announces Arguments To Be Held In Michigan Gay Marriage Case

A case that originally started as a challenge to Michigan’s prohibition to same-sex second parent adoption, but that has now turned into a fight for the rights of gay and lesbian couple to marry, has reached another milestone. On March 7, 2013, Judge Bernard A. Friedman will hold a motion hearing so that he may hear arguments as to why gay and lesbian couples should or should not have the right to marry in the State of Michigan. The hearing is scheduled at 9AM at the Wayne State University Law School in the main auditorium.

The case, DeBoer et al v. Snyder et al, centers around April DeBoer and Jayne Rouse, two women in a committed relationship that have encountered many struggles on their journey to parenthood. April and Jayne have been in a committed domestic partnership for over a decade. Both women work in Detroit area hospitals; April is a neo-natal intensive care nurse, and Jayne is an emergency room nurse. For many years the two have been licensed foster parents.

Since deciding to become parents, April and Jayne have taken in three special needs newborns that were abandoned at birth by their mothers. The babies were born premature, drug-addicted, and with a host of long-term physical and mental impairments. Within a year and a half, these wonderful women took in all three babies (a girl and two boys) and have dedicated their lives to nurturing and caring for these abandoned children, who they love and cherish every bit as if they had given birth to them.

At Nessel and Kessel Law, we are proud to stand up for clients who simply want to have the same rights as other citizens of Michigan. Whether your case involves fighting for your civil rights, fighting against a criminal charge, or fighting for custody of your children, you need one of the top attorneys in Michigan, who have the experience and knowledge to win the tough cases. You need Nessel and Kessel Law.

New Rights for Immigrants

A recent Supreme Court ruling now gives immigrants who are facing criminal charges new rights. On March 31, 2010, the Supreme Court ruled in the case of Padilla vs. Kentucky that defense attorneys must properly counsel their noncitizen clients of the deportation risks that result from a guilty plea. In other words, defense attorneys must advise their noncitizen clients that deportation will occur with a guilty criminal conviction, including miniscule convictions such as shoplifting, drug possession and drug trafficking.

The new Supreme Court ruling will benefit most noncitizens that face criminal charges. This is because a good portion of all criminal convictions against noncitizens are the result of a plea bargain. In fact, statistics show nearly 80 – 90% of criminal convictions are the result of a plea bargain, which in turn means that around 80 – 90% of noncitizen deportations are the result of a plea bargain.

Moreover, most noncitizens are unaware that they will be deported from a criminal conviction. Because of this, they often plead guilty to their accused crime. Although deportation is a permanent banishment from family, friends and the community, Federal Law does not view deportation as a punishment, but rather a sanction.

This new ruling is a step forward for immigration rights in general. It provides necessary counsel to noncitizens who would otherwise be unaware of the risks they face by entering a guilty plea.

Contact Nessel and Kessel Law in Detroit, Michigan for quality and compassionate legal representation that will ease your anxiety and make sure you and your family’s best interests are taken care of.  Nessel & Kessel Law in Detroit, Michigan will take listen to your case and give you the individual attention you deserve during these trying times.

About Nessel and Kessel

With more than two decades of experience, Nessel & Kessel Law is one of Michigan’s premiere litigation firms.  Nessel & Kessel Law’s experience includes all Detroit, Michigan misdemeanor and felony charges, assault, auto theft, criminal sexual conduct, domestic violence, drug possession and trafficking, expungements, homicides, manslaughter, internet crimes, larcenies, home invasions, breaking and entering, probation violations, retail fraud, drunk driving, license restoration, traffic tickets, divorce, annulment and legal separations, child custody and visitation, child support and spousal support, restraining orders, personal protection orders, paternity, prenuptial and postnuptial, gay and lesbian family law issues, civil rights and constitutional violations, false imprisonment, forfeiture actions, police brutality, premises liability, wrongful arrest and wrongful death. Nessel & Kessel Law is located in Detroit, Michigan in the Penobscot building on the corner of Griswold and West Congress Street.

Contact Dana Nessel or Chris Kessel today at 313—556-2300 for an in-depth and confidential consultation regarding your rights

What are the Drug Trafficking Laws for Detroit Michigan?

Citizens accused of drug trafficking in Detroit, Michigan generally can face some of the harshest penalties of the law. This is because drug trafficking – delivery or distribution of illegal substances – usually carries stiffer penalties than: drug manufacturing or growing, and possession or use. Typically those accused of drug trafficking are carrying large quantities of illegal drugs, such as marijuana, cocaine, heroin, amphetamines and pharmaceuticals, across county, state and national borders. When this happens, federal law enforcement agencies – like the DEA and FBI – usually get involved, increasing the severity of the felony, both in terms of money and jail time.

Most drug trafficking charges in Michigan carry at least 20 years to life in prison with fines ranging between $25,000 to $1,000,000. The severity of the penalty will differ depending on:

  • The amount of drugs in your possession:
    • Less than  50 grams cocaine can equal around 20 years in prison with a $25,000 fine
    • Between 5 – 45 kilograms of marijuana can equal around 10 years in prison with a $500,000 fine
    • Any amount of methamphetamines or ecstasy can equal around 20 years in prison with a $25,000 fine
    • If you were selling the drugs around a school
    • If you were selling the drugs to a minor
    • If you were carrying a firearm
    • If this is your first drug conviction

If you’re charged with drug trafficking in Detroit, Michigan, you need the best legal defense team available. At Nessel & Kessel Law in Detroit, Michigan, we’ve represented hundreds of citizens charged with drug trafficking in Detroit, Michigan. We’re willing to take the time to give you the best legal defense possible to help reduce your charges to drug possession. It takes a lot of work by the prosecutors to show that just because you had a large quantity of drugs in your possession, you intended to sell them. Nessel & Kessel Law will take the time to listen to your case and put in any amount of work necessary to prove flaws in the prosecution’s charges and help prove your innocence – such as mishandling of the drugs, illegally entering the crime scene, etc … Contact Nessel & Kessel Law for a confidential consultation to discuss your rights.

Contact Nessel & Kessel Law in Detroit, Michigan for quality and compassionate legal representation that will ease your anxiety and make sure you and your family’s best interests are taken care of.  Nessel & Kessel Law in Detroit, Michigan will take listen to your case and give you the individual attention you deserve during these trying times.

About Nessel and Kessel

With more than two decades of experience, Nessel & Kessel Law is one of Michigan’s premiere litigation firms.  Nessel & Kessel Law’s experience includes all Detroit, Michigan misdemeanor and felony charges, assault, auto theft, criminal sexual conduct, domestic violence, drug possession and trafficking, expungements, homicides, manslaughter, internet crimes, larcenies, home invasions, breaking and entering, probation violations, retail fraud, drunk driving, license restoration, traffic tickets, divorce, annulment and legal separations, child custody and visitation, child support and spousal support, restraining orders, personal protection orders, paternity, prenuptial and postnuptial, gay and lesbian family law issues, civil rights and constitutional violations, false imprisonment, forfeiture actions, police brutality, premises liability, wrongful arrest and wrongful death. Nessel Defense Law is located in Detroit, Michigan in the Penobscot building on the corner of Griswold and West Congress Street.

Contact Dana Nessel or Chris Kessel today at 313—556-2300 for an in-depth and confidential consultation regarding your rights


You Have the Right to Protect Yourself In Your Home

If you are unsuspectingly put into a horrific situation where you and your family face bodily harm that could result in death, severe injury or rape, Michigan law allows you to defend yourself and your family through the use of deadly force. In various instances where an intruder is breaking into your home, business or automobile while you are present, you are permitted to use deadly force to protect yourself and your family from death, severe injury or rape. Michigan’s Castle Doctrine is the law which allows the use of deadly force against the threat of severe injury, death or rape.

Keep in mind, the use of deadly force against an intruder is only permitted in cases where the victim has a legitimate belief that severe injury, death or rape will occur if deadly force is not taken against the intruder. Plus, in the Michigan courts, a jury will have to agree that placed in the same situation, they too would use deadly force against the intruder to prevent severe injury, death or rape. Because of the type of self-defense taken and the severity of the threat against the property owner, it is vital to contact the quality defense team at Nessel and Kessel Law in Detroit, Michigan if you’ve defended your home, business or car through the use of a firearm or violence during an intrusion. Nessel and Kessel Law will prove in the Michigan courts of law that the threat of violence was imminent and demonstrate to the jury that the use of deadly force was necessary to protect you and your family against severe injury, death or rape.

Michigan’s Castle Doctrine does not permit the use of deadly force in the following situations:

  • The individual deadly force was used against was a resident or had a legal right to be in the home, business owner or car owner.
  • The individual deadly force was used against was a child or grandchild of the homeowner, business owner or car owner.
  • The individual deadly force was used against was a former spouse or girlfriend of the homeowner, business owner or car owner.
  • The individual deadly force was used against was not involved in the crime and/or was an agent of peace.
  • The individual using deadly was involved in the crime.

Contact Nessel and Kessel Law in Detroit, Michigan for quality and compassionate legal representation that will ease your anxiety and make sure you and your family’s best interests are taken care of.  Nessel and Kessel Law in Detroit, Michigan will take listen to your case and give you the individual attention you deserve during these trying times.

About Nessel and Kessel Law

With more than two decades of experience, Nessel and Kessel Law is one of Michigan’s premiere litigation firms.  Nessel and Kessel Law’s experience includes all Detroit, Michigan misdemeanor and felony charges, assault, auto theft, criminal sexual conduct, domestic violence, drug possession and trafficking, expungements, homicides, manslaughter, internet crimes, larcenies, home invasions, breaking and entering, probation violations, retail fraud, drunk driving, license restoration, traffic tickets, divorce, annulment and legal separations, child custody and visitation, child support and spousal support, restraining orders, personal protection orders, paternity, prenuptial and postnuptial, gay and lesbian family law issues, civil rights and constitutional violations, false imprisonment, forfeiture actions, police brutality, premises liability, wrongful arrest and wrongful death. Nessel and Kessel Law is located in Detroit, Michigan in the Penobscot building on the corner of Griswold and West Congress Street.

Contact Dana Nessel or Chris Kessel today at 313—556-2300 for an in-depth and confidential consultation regarding your rights.

New Concealed Weapons Law Effects Second Amendment Rights

In a recent decision by the Michigan Court of Appeals, the possession of a taser or stun guns is now considered to be a right protected by the U.S. and Michigan constitutions.  The decision bars the prosecution of suspects arrested in Bay and Muskegon counties.

The three-judge appeals panel cited a 2008 U.S. Supreme Court decision involving handguns which “guarantee(s) the individual the right to possess and carry weapons in case of confrontation” to find a state law barring the use of tasers and stun guns by private citizens was unconstitutional.

The two cases involved men charged with violating the law in 2010 and 2011. One carried a stun gun on his belt while working in a Bay City party store. The other, in Muskegon, was arrested when police came to his home and found him in possession of a stun gun.

The court said no evidence had been presented that the weapons – which use an electric current to disable a target – are primarily used for criminal purposes, or that they are sufficiently dangerous or unusual to warrant a ban.

Michigan lawmakers passed, and Gov. Rick Snyder signed, legislation authorizing the possession of stun guns and tasers by concealed weapons license holders in May. The appeals court said its ruling did not address limits set by the new law.

The court did say, however, that “a total prohibition on the open carrying of a protected arm such as a taser or stun gun is unconstitutional.”

A Carrying a Concealed Weapon (CCW) charge is a serious felony charge.  If you or someone you know has been charged with CCW, or any weapons charge, you need attorneys who can aggressively and effectively defend you and your rights.

Further, the state of the law in Michigan is constantly changing and it can often times be confusing when trying to determine whether your actions fall within the confines of the law.  You need a legal team that is not only up to date on the state of the law, but who is willing to fight for you and your rights – whether it be a felony or a misdemeanor case.

Contact Nessel and Kessel Law in Detroit, Michigan for quality and compassionate legal representation that will ease your anxiety and make sure you and your family’s best interests are taken care of.

About Nessel and Kessel Law

With more than two decades of experience, Nessel and Kessel Law is one of Michigan’s premiere litigation firms.  Nessel and Kessel Law’s experience includes all Detroit, Michigan misdemeanor and felony charges, assault, auto theft, criminal sexual conduct, domestic violence, drug possession and trafficking, expungements, homicides, manslaughter, internet crimes, larcenies, home invasions, breaking and entering, probation violations, retail fraud, drunk driving, license restoration, traffic tickets, divorce, annulment and legal separations, child custody and visitation, child support and spousal support, restraining orders, personal protection orders, paternity, prenuptial and postnuptial, gay and lesbian family law issues, civil rights and constitutional violations, false imprisonment, forfeiture actions, police brutality, premises liability, wrongful arrest and wrongful death. Nessel and Kessel Law is located in Detroit, Michigan in the Penobscot building on the corner of Griswold and West Congress Street.

Contact Dana Nessel or Chris Kessel today at 313—556-2300 for an in-depth and confidential consultation regarding your rights

Nessel and Kessel Law is Your Best Choice for Drunk Driving Cases in Michigan

Nessel and Kessel Law is your best defense if you’ve been arrested for drunk driving in Michigan.

Nessel and Kessel Law realize that drunken driving arrests are an extremely traumatic and humbling time for anyone accused of a DUI. But you’ll find yourself in compassionate and understanding hands with Nessel and Kessel Law’s confidential consultation that will explain Michigan’s DUI laws and then lead you through Michigan’s courts of law.

DUI accusations in Michigan are a very serious offense and Nessel and Kessel Law will use their vast experience and knowledge to see that you get the best outcome for you and your family. In many instances – and even for first time drunk driving offense – the state of Michigan Anti-Drunk Driving Laws seek swift action and rigid penalties that may include:

  • Courts must decide drunken driving cases within 77 days after arrest.
  • Up to 93 days of jailtime.
  • Up to $500 in fines.
  • Up to 360 community service hours.
  • Up to 6 points on a driver’s license.
  • A driver’s license suspension of up to 180 days and a possible restricted license afterward for 30 days.

Contact Nessel and Kessel Law today and schedule a confidential appointment to learn how Nessel Defense can help you avoid jail time, stiff fines and even prevent you from losing your license. Nessel and Kessel Law’s expert advice can answer all of your questions and help you find the best outcome in situations such as:

  • What to do if you refuse a preliminary breathalyzer test when pulled over.
  • Determining the accuracy of the breathalyzer.
  • Police procedure during your sobriety tests.
  • What to do if you were never read your rights.
  • What to expect from Michigan’s recent changes in its drunken driving law.
  • What to expect from your sentencing and how to find the best outcome possible.

Nessel and Kessel Law is here for you during the stressful situation of your DUI case. Come to us today for caring and compassionate experience you can count during your most difficult times.

Contact Nessel and Kessel Law in Detroit, Michigan for quality and compassionate legal representation that will ease your anxiety and make sure you and your family’s best interests are taken care of.

About Nessel and Kessel Law

With more than two decades of experience, Nessel and Kessel Law is one of Michigan’s premiere litigation firms.  Nessel and Kessel Law’s experience includes all Detroit, Michigan misdemeanor and felony charges, assault, auto theft, criminal sexual conduct, domestic violence, drug possession and trafficking, expungements, homicides, manslaughter, internet crimes, larcenies, home invasions, breaking and entering, probation violations, retail fraud, drunk driving, license restoration, traffic tickets, divorce, annulment and legal separations, child custody and visitation, child support and spousal support, restraining orders, personal protection orders, paternity, prenuptial and postnuptial, gay and lesbian family law issues, civil rights and constitutional violations, false imprisonment, forfeiture actions, police brutality, premises liability, wrongful arrest and wrongful death. Nessel and Kessel Law is located in Detroit, Michigan in the Penobscot building on the corner of Griswold and West Congress Street.

Contact Dana Nessel or Chris Kessel today at 313—556-2300 for an in-depth and confidential consultation regarding your rights

New Ruling Protects The Rights Of Medical Marijuana Patients

The Michigan Court of Appeals recently ruled that a Michigan medical marijuana patient cannot be prosecuted for illegal drug possession, despite not having proof of his or her registration at the time of arrest.

However, the court did say police were within their rights to arrest the patient, identified in court records as James RG Nicholson of Ottawa County, because he couldn’t establish proof of registration on the spot.

Prosecutors had argued that Nicholson was not protected by the medical marijuana law because he did not “possess” a registry identification card at the time of arrest in May 2011. He told police his registration card was in a car at his residence.

There are many uncertainties with the relatively new Medical Marijuana Act in Michigan. As if these matters aren’t complicated enough, often times these cases can by full of potential 4th Amendment issues as well.

It’s important that you have legal representation provided by an attorney who is both well versed in the most up to date Michigan law, as well being well versed in 4th Amendment law. You need an attorney who can ensure you get the best result possible.

About Nessel and Kessel Law

With more than two decades of experience, Nessel & Kessel Law is one of Michigan’s premiere litigation firms.  Nessel and Kessel Law’s experience includes all Detroit, Michigan misdemeanor and felony charges, assault, auto theft, criminal sexual conduct, domestic violence, drug possession and trafficking, expungements, homicides, manslaughter, internet crimes, larcenies, home invasions, breaking and entering, probation violations, retail fraud, drunk driving, license restoration, traffic tickets, divorce, annulment and legal separations, child custody and visitation, child support and spousal support, restraining orders, personal protection orders, paternity, prenuptial and postnuptial, gay and lesbian family law issues, civil rights and constitutional violations, false imprisonment, forfeiture actions, police brutality, premises liability, wrongful arrest and wrongful death. Nessel and Kessel Law is located in Detroit, Michigan in the Penobscot building on the corner of Griswold and West Congress Street.

Contact Dana Nessel or Chris Kessel today at 313-556-2300 for an in-depth and confidential consultation regarding your rights.

Nessel and Kessel Law Assists Gays and Lesbians Seeking to Adopt

Starting a family can be one of the most difficult and time consuming processes you will ever undertake. Despite all the hard work and effort, the journey should also give way to a feeling of great joy and satisfaction. Unfortunately, as a gay or lesbian individual or a same-sex couple, the process is often times more difficult because of the judgments and prejudices that exist in today’s society. There are those, both inside and outside the government, who believe that gay or lesbian individuals and same-sex couples are not qualified to be parents. The regrettable truth is that these prejudices can have an effect on the adoption process.

At Nessel & Kessel Law we believe that LGBT individuals and couples should have the same constitutionally protected right to form a family that heterosexuals enjoy. We will fight to make sure that the only criteria examined by the courts and adoption officials is whether or not a child is being brought into a loving home. If you are considering bringing a child into your family, you need a legal team who has the most experience fighting on behalf of gay and lesbian families.

In 2010, in the case of Harmon v Davis, Dana Nessel fought for the child custody rights of a lesbian woman who had separated from her long-term partner. Renee Harmon and Tammy Davis were a lesbian couple who had been in a relationship for 19 years, during which time Tammy Davis bore three children to the couple. For nearly a decade, both parents raised the children, each contributing their time, money and love as any parent would. Unfortunately, Renee and Tammy eventually separated. Following the separation, Tammy denied Renee any access to their children. Dana Nessel represented Ms. Harmon as she sued for custody of the children, arguing that while she was not a biological parent, she was just as much a parent to the children as Ms. Davis. For the first time in Michigan history, the circuit court ruled that a non-biological parent in a same-sex couple had rights as an equitable parent to the children she planned and raised. Sadly, the case was later overturned by the Michigan appellate courts after a long and heart wrenching battle.

In response to the narrow-minded and shameful application of the law in the state courts, in 2012, Nessel & Kessel Law filed suit in federal court in the matter of DeBoer v Snyder, taking on Governor Rick Snyder and Attorney General Bill Schuette for their enforcement of the Michigan Adoption Code which prohibits same-sex couples from jointly adopting a child. The case involves April DeBoer and Jayne Rowse, a lesbian couple who work as nurses at local Detroit hospitals. The couple has been in a committed relationship for ten years, during which time they welcomed three special needs newborns into their home, each who had been abandoned or surrendered at birth. While April, Jayne and their children live together as a family, because of Michigan law, April and Jayne cannot jointly adopt the children. This is not only a denial of their equal rights to parent, but also creates a host of legal and practical problems for their children. We are challenging the law on behalf of April and Jayne, as well as their children, as a violation of the family’s constitutionally protected rights to equal protection under the law.

At Nessel & Kessel Law, we are committed to fighting for the rights of our clients, regardless of sexual orientation. Whether you are a same-sex couple or a gay or lesbian individual who is looking to adopt, you need representation by attorneys who have the courage and the experience to guide you through this process. We believe in the opportunity for all people, gay or straight, single or in a committed relationship, to have the chance to bring a child into their home and to form a loving and caring family.

Probation Violations Can be a Tricky Thing. Don’t Let It Take Away Your Freedom

Probation in Detroit, Michigan is a privilege that can be taken away, or revoked, at any time. It’s an opportunity for convicted criminals to avoid jail time, and it’s a privilege that allows convicted criminals to re-enter society after they have served jail time. Individuals sentenced to probation in Detroit, Michigan must always be under the supervision of a probation officer who is an employee of the Michigan Department of Corrections. This probation officer is required to seek revocation of probation before a judge if the convicted criminal on probation appears likely to regress toward criminal behavior.

Probation Violations

Generally the probation officer will ask for probation to be revoked for the following reasons:

  • Failure of a drug or alcohol test
  • Arrest for another crime
  • Missing an appointment with the probation officer
  • Failure to appear at a court scheduled appointment
  • Failure to complete a court-ordered program
  • Failure to pay fines and/or restitution
  • Failure to maintain employment or school
  • Association with other known criminals
  • A change of address with the authorization of the probation officer
  • Leaving the state without the authorization of the probation officer

If your probation officer suspects you of violating probation, contact Nessel and Kessel Law in Detroit, Michigan immediately because you will need a quality defense lawyer. If you are sentenced to a probation violation court hearing, the prosecutor must only demonstrate that you violated your probation terms. This makes it much easier for the judge to revoke your probation, plus a jury will not hear your case in probation violation case, only the judge will listen to your case.

Penalties for Probation Violation

If suspected of a probation violation, you may be sentenced to any of the following:

  • No further punishment: this allows the convicted criminal to continue probation without any penalties. This is the best outcome and is a result of minor infractions or technicalities.
  • Extension of the Probation: a probation officer can seek an extension of the probation for more severe violations. A judge must listen to this appeal and approve it.
  • Revocation of Probation: your probation can revoked for serious infractions, such as failing a drug test. The probation officer can request an arrest warrant and you may have to appear before a judge. Probation may be taken away or your original sentence can be reactivated.

Contact Nessel and Kessel Law in Detroit, Michigan for quality and compassionate legal representation that will ease your anxiety and make sure you and your family’s best interests are taken care of.  Nessel and Kessel Law in Detroit, Michigan will take listen to your case and give you the individual attention you deserve during these trying times.

About Nessel and Kessel Law

With more than two decades of experience, Nessel & Kessel Law is one of Michigan’s premiere litigation firms.  Nessel and Kessel Law’s experience includes all Detroit, Michigan misdemeanor and felony charges, assault, auto theft, criminal sexual conduct, domestic violence, drug possession and trafficking, expungements, homicides, manslaughter, internet crimes, larcenies, home invasions, breaking and entering, probation violations, retail fraud, drunk driving, license restoration, traffic tickets, divorce, annulment and legal separations, child custody and visitation, child support and spousal support, restraining orders, personal protection orders, paternity, prenuptial and postnuptial, gay and lesbian family law issues, civil rights and constitutional violations, false imprisonment, forfeiture actions, police brutality, premises liability, wrongful arrest and wrongful death. Nessel and Kessel Law is located in Detroit, Michigan in the Penobscot building on the corner of Griswold and West Congress Street.

Contact Dana Nessel or Chris Kessel today at 313-556-2300 for an in-depth and confidential consultation regarding your rights.