case dismissed

Murder Charges Dismissed

After facing murder charges stemming from an event that took place in 2015, our client almost fell over when a judge at the 36th district court ruled that the case would be dismissed for lack of evidence.  Michigan defense attorney Chris Kessel was thrilled with the result, as he walked out of the courtroom with his client’s family.

The charges had actually been issues once before, back in 2015, but had been dismissed because a witness failed to appear.  When the case was reissued our client was plucked from his home and dropped into the Wayne County Jail, not fully understanding what had happened.  Several witnesses testified at the preliminary exam, though none of them could say that our client had been driving a vehicle at the time the vehicle was involved in a fatal crash.  However, unlike the first time the case was brought, the prosecution presented an additional witness who testified that someone had told him that the client was seen driving an automobile that was involved in an accident.  However, because the witness, an EMS worker, could not identify who spoke to him or describe the manner of the statement, Detroit defense attorney Chris Kessel objected to the statements as hearsay. 

At the end of the exam the judge took the extraordinary step of ordering the transcript of the hearing so that he could determine whether or not the new witness could support the renewed charges of murder.  After several week of consideration, the judge ruled that the new witness could not sustain the reissuance of the charges and the case as dismissed.    

Murder and Assault charges are often fueled by emotional and hostile witnesses.  More often than not, a verdict will hang solely on the testimony of a complaining witness.  The means that you need an attorney who is skilled in the art of cross examination, who can force a witness to admit things that may contradict earlier statements, police reports, hospital records, and other witnesses.  Other times a case will turn on what the defendant’s intent was during the alleged assault.  It can often times be difficult if not impossible to prove what someone’s intent was.  At Nessel and Kessel Law, we have the experience needed to persuade a prosecutor, judge, or jury that you did not have the necessary intent to convict.  

If you or a family member has been changed with an assaultive, contact the defense lawyers at Nessel and Kessel Law today.

 

Marijuana Charges Dismissed

This week in the district court for the City of Eastpointe, top Michigan defense attorney Chris Kessel convinced prosecutors to dismiss a marijuana charges against his client.  The client was traveling in Eastpointe when he was stopped for “speeding.”  When the officers approached the vehicle, they claimed that they smelled marijuana inside of the vehicle.  Using the pretext of the alleged smell, the officers then searched the vehicle and recovered a small amount of marijuana under the passenger seat.  The client was then charged with possession of marijuana.

What the police and prosecutor didn’t know was that the client was driving his mother’s car and that his mother has a medical marijuana card.  At a preliminary hearing, defense attorney Chris Kessel was able to successfully argue that because the car that was being driven belonged a medical marijuana patient and because the amount was relatively small, there was no way to prove that the client had knowingly possessed the marijuana.  Thankfully the prosecutor realized what the outcome of trial would likely be, so the case was dismissed.  Continue reading “Marijuana Charges Dismissed” »

Armed Robbery Charges Dismissed

Multiple counts of Armed Robbery and one count of Felony Firearm were dismissed against M.D., a client of criminal defense attorney Chris Kessel.  It was alleged that our client, while armed with a pistol,  approached two men and demanded their money and their vehicle.  As the alleged robbery took place at night, the identification of the assailant would prove to be the main issue in the case.  

At the preliminary exam, held in the 36th District Court, the prosecutor succeeded in having the complaining witness point to our client and identify him as the man who pointed the gun at him and demanded his belongings.  While the man admitted that the assailant was wearing a hood and the area was “somewhat dark”, he still claimed that he could positively identify the man who robbed him.  When asked to do so, he pointed at our client and claimed he was the man who robbed him.  However, this positive identification would not last for long.

Upon cross-examination by defense attorney Chris Kessel, the complaining witness began to shy away from his identification of our client.  He was forced to admit that because the robbery took place at night and because the only light source was across the street he was not actually able to get a good look at the assailant.  The witness then admitted that he was more focused on the gun being pointed in his face than he was on the face of the person pointing the gun.  Chris Kessel also got the witness to admit that the hood the robber was wearing covered a substantial portion of the upper half of the robber’s face.  Finally, after going over line after line of his written description of the assailant, the witness agreed that our client did not match all portions of the description given only hours after the robbery.  After approximately 30 minutes of cross-examination, the witness readily admitted that he was not sure if our client was actually the man who robbed him. 

The prosecution argued vigorously that the complaining witness had already identified the defendant, thus the case should be bound over.  However, Mr. Kessel pointed out that if the only thing that mattered was what a witness stated on direct examination, there would be no need for a Sixth Amendment right to confront one’s accuser.  The judge agreed and the case was dismissed entirely. 

The Nessel and Kessel Approach

At Nessel and Kessel Law, we have decades of experience dealing with assault charges.  Because we are top 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.  Robbery and Assault charges are often fueled by emotional and hostile witnesses.  More often than not, a verdict will hang solely on the testimony of a complaining witness.  The means that you need an attorney who is skilled in the art of cross examination, who can force a witness to admit things that may contradict earlier statements, police reports, hospital records, and other witnesses.  Other times a case will turn on what the defendant’s intent was during the alleged assault.  It can often times be difficult if not impossible to prove what someone’s intent was.  At Nessel and Kessel Law, we have the experience needed to persuade a prosecutor, judge, or jury that you did not have the necessary intent to convict.   If you or a family member has been changed with an assaultive, contact the defense lawyers at Nessel and Kessel Law today.

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” »