Law Blog

Criminal Defense Attorney Get Case Thrown Out

Plymouth criminal defense attorney, Dana Nessel, gets charged thrown out.

After multiple hearings Dana Nessel, of Nessel and Kessel Law, successfully persuaded the attorney representing the City of Plymouth to dismiss a case against our client.  Ms. Nessel, a well respected criminal defense attorney in the Plymouth, looks forward to filing a civil suit alleging police misconduct in the near future.  The case stems from charges of resisting and obstructing out of the 35th District Court

Our client had been charged with Resisting, Obstructing, Assaulting a Police Officer, in connection with traffic stop. Our client, who was the passenger of the stopped vehicle, was asked by an Plymouth officer to provide a driver’s license. The client refused, however he did give his full name to the officer. The officer then decided that wasn’t enough and told the client that he was going to be placed under arrest unless he provided his license, which our client still refused to do. The officer then used physical force against our client by slamming him to the ground and kneeing him in the back. During the entire incident the client – as captured on video – was yelling “I’m not resisting!” Our client was left with abrasions and contusions on his face, arms, and chest.

According the Municipal Code for the City of Plymouth it is not a crime to refuse to provide a driver’s license to a police officer, so long as you accurately identify yourself. During an evidentiary hearing Dana Nessel forced the officer to admit that he was fully aware that failing to provide identification was not an arrestable offense in the City of Plymouth. This admission supported our claim that the arrest was an illegal one. That fact, coupled with a recent development in Michigan case law which allows for the resisting of an illegal arrest, allowed Ms. Nessel to pressure the prosecutor into dismissing his case.

Our client has been cleared of ALL CHARGES.

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