case dismissed

Marijuana Suppressed – Case Dismissed

At a hearing in the Third Circuit Court, after argument by defense attorney Chris Kessel, Judge Bruce Morrow declared that the actions of the Taylor Police Department violated Mr. Kessel’s client’s constitutional rights and then suppressed evidence recovered by the officers.  The end result of the ruling was that the charges against Mr. Kessel’s client were dismissed.

Attorney Chris Kessel filed a motion alleging that the police had violated his client’s Fourth and Fifth Amendment rights by coercing consent to search the client’s home and by questioning him without Mirandizing him.  The hearing saw testimony from a member of the Taylor Police Department, a member of the DRANO task force, and Mr. Kessel’s client.  The officers testified that they had a positive hit by a drug dog on the client’s vehicle.  They then testified that the client, after being taken into custody, had given consent for the officers to search his home.  On cross-examination, Mr. Kessel established that no narcotics were recovered from the vehicle (that it was not a positive hit) and that his client was in custody while he was being questioned, and that the consent that was granted for the search was done after the officers threatened the client.

Judge Morrow asked for supplemental briefs on the issue of custody and consent.  At today’s hearing, the judge agreed with Mr. Kessel’s argument that the officers had violated the client’s Fifth Amendment right to receive his Miranda rights before being questioned.  The judge also agreed that the client only gave consent to search his home because he had been coerced by the officers.  With the evidence suppressed, the prosecution was left with no choice to allow the court to dismiss the case.

Drug cases tend to be the most complicated cases because of all the different issues that may come up.  That means you need a drug defense attorney who knows the law and how to use it to your advantage.  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.

There are almost always 4th Amendment issues when dealing with narcotics charges because the arrest usually stems from a stop on the street or while driving, from the execution of a search warrant, or because of the use of a confidential informant to secure information used to perform a stop or obtain a warrant.  Many times your case will hinge on whether or not your 4th Amendment rights have been violated.

Narcotics charges also hinge heavily on police officer testimony.  Generally there will be multiple officers who take part in a “raid.”  At Nessel and Kessel Law, we have the necessary skill and experience to cross examine these officers and find the holes and cracks in their story, thereby allowing us to expose the lies and fabrications in their story.  At Nessel and Kessel Law, not only do we know the law and how to use it to your advantage, but we know how to expose witnesses who are being less than honest.

Regardless of the issue, if you’ve been charged with a drug offense in the State of Michigan, you need a top criminal defense attorney.  Contact Nessel and Kessel Law today if you or a friend or family member has been charged with a drug offense.

 

 

Criminal Charges Dismissed

Defense Attorney Chris Kessel Files Motion and Gets Case Dismissed.

A Third Circuit Court judge agreed with criminal defense attorney Chris Kessel that a Highland Park police officer violated his client’s 4th Amendment rights, thereby causing the case t be dismissed.  The client was thrilled when she realized that the charged against her were to be dropped because the prosecutor no longer had any evidence to support the charges.  The case was unique in that an officer was totally and completely honest when he described how he violated the client’s right to be free from unreasonable search and seizure.  What was not unique was that the officer still did not believe he did anything wrong.

In his testimony, the officer described how he watched the client (legally) park her vehicle on the side of the road and then remain in the vehicle for several minutes.  The officer admitted that he had no reason to suspect that the client was engaged in any criminal activity, whatsoever.  Despite that fact, the officer activated his emergency lights and performed a traffic stop on the client.  According to the officer, he was conducting a “wellness check.”  Oddly enough, when cross examined by attorney Chris Kessel, the officer was forced to admit that he was not able to see anyone in the vehicle acting in a manner that would indicate anyone was in distress.  The officer also testified that when he approached the client he asked her for her license and registration.  His reason; “I wanted to know who I was talking to.”  However, the officer was unable to respond when Chris Kessel asked, “if you wanted to know who you were talking to, why didn’t you just ask her for her name?”

After argument, the judge sided with Mr. Kessel, agreeing that the officer had no authority to stop the client.  As such, the evidence recovered as a result of the traffic stop was suppressed and the case was dismissed.

Attempted Murder Charges Dismissed

Attempted murder, felony firearm, and reckless discharge of a firearm were just some of the charges that were dismissed after a preliminary exam held by defense attorney Chris Kessel, in the district court in the City of Taylor, Michigan.  It was alleged that our client, JM, had used a shotgun to shoot his son in the arm, in an attempt to kill him.  The allegations were supported by witness statements that claimed that the client had raised the weapon at his son, who was standing in a hallway in the family home, and fired a single shot, hitting him in the arm. 

During the exam the prosecutor continually tried to elicit testimony to show the defendant had acted intentionally.  The complaining witness (our client’s son) testified that there was a fight earlier in the day, which lead to a confrontation over the weapon that was later fired.  The prosecutor went over where the two men were standing, the position of their hands on the firearm, and spent a considerable amount of time on the significant injuries that the complaining witness sustained.  

Despite the allegations, the complaining witness, on cross examination, testified that he believed that the shooting was an accidental one.  The judge appeared skeptical at first, but then attorney Chris Kessel, with the help of the witness, reinacted the shooting for the court.  After the reenactment the judge told Chris Kessel that he found the demonstration most helpful…he then proceeded to dismiss all the charges.  The prosecutor tried to get the judge to add additional misdemeanors to the charging document, but the judge refused.

Our client went from looking at a possible prison term of a minimum of over 10 years to being home for dinner that night. 

If you or a friend or family member has been charged with any offense, make sure you have the best representation possible.  Contact the attorneys at Nessel and Kessel Law today for a free consultation. 

Armed Robbery Charges Dismissed

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. Continue reading “Armed Robbery Charges Dismissed” »