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.
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.
Top Detroit Defense Attorney Gets NG
At a trial before Judge Gregory Bill at the Wayne County Circuit Court, Chris Kessel, top Detroit defense attorney, was able to secure a not guilty verdict for his client. The client, KA, was charged with malicious destruction of property and arson – 4th degree. The client was potentially facing potential prison time as well as a several thousand dollar fine.
The prosecutor’s case was based upon the complaining witness testifying that they actually saw the client burning their property, specifically her car. After intense cross examination by Chris Kessel, the witnesses was forced to admit that she never actually saw the face of the person who she believed burned her car. Further, she was also forced to testify that when she actually the person running away from the vehicle, the person was several houses away and was running through shadows. Eventually, the witness was left with no choice but to admit that even though she believed that the person who damaged her car was the defendant, she could not say for sure. After hearing all of the evidence, Chris Kessel explained to the judge that there was no evidence that anyone actually saw the client commit any crime. Judge Bill was left with no other choice but to find the client not guilty.
Knowing the right questions to ask when cross-examining a witness only comes when you know the law and have court room experience. The experienced Michigan criminal defense attorneys at Nessel and Kessel Law have a full and comprehensive knowledge and understanding of the law in Michigan. You should expect nothing less from p Detroit defense attorney, Chris Kessel. If you or a loved one has been charged with a crime in Michigan, contact the defense lawyers at Nessel and Kessel Law for a free consultation.