In some cases, a “win” is a not guilty verdict at the end of a hard fought trial. In other cases, finding a way to avoid trial and still make your client happy is what’s best for all parties involved. In a case this week, while there was no trial, there was definitely a win for our client. Originally, our client was charged with two felonies: breaking and entering a building and malicious destruction of property – greater than $20,000. Each of these charges carries up to 10 years in the Michigan department of corrections, as well as thousands of dollars in fines. Our client has a wife and a young son, so even a jail sentence was not an option.
Thankfully, our client had hired two of Michigan’s top criminal defense attorneys. After having multiple meetings with the special prosecutor out of the Wayne County Prosecutor’s Office, we were able to have both felony counts reduced to misdemeanors. Not only that, but we were able to lock in a sentence of probation, meaning our client wouldn’t have a spend a single night away from his family. However, this plea had another positive note to it. By only having two misdemeanors on his record, out client will be eligible to have his convictions set aside (expungement) after his probation is complete.
Chris Kessel is an expert in expungements and wanted to make sure that when this process is over, his client will have a clean record. In Michigan, a person may have two misdemeanors on their record and have them BOTH expunged afterwards. Thus, not only will our client avoid a felony conviction and jail time, but his record will be clean when all is said and done.
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.
As the weather warms up and people start having BBQ’s, graduation parties, and weddings, that means one thing…that police will be on the look out for lots of potential drunk drivers. This time of year always sees an increase in the number of Operating While Intoxicated and Operating While Visually Impaired cases here at Nessel and Kessel Law. For that reason, let’s brush up on the differences between the charge of OWI and OWVI.
OWI – First, is a misdemeanor offence which carries a maximum penalty of 93 days in jail and a $500 fine, as well as possible community service. Just as important, a conviction for your first drunk driving (OWI) means an immediate 30 day suspension of your license followed by another 150 days having a restricted license. You will also get 6 points on your driving record, meaning your insurance premium will increase significantly.
Continue reading “Operating While Intoxicated vs Operating While Impaired” »
Felony Firearm Charges Dismissed
Thanks to arguments made by Chris Kessel after a preliminary exam, the weapons charges against a client of Nessel and Kessel Law were dismissed by a judge at the 36th District Court. Our client was charges with Carrying a Concealed Weapon (CCW), Felon In Possession of a Firearm (FIP) and Felony Firearm (FF). These charges often accompany each other because they can all be charged by the commission of one simple act; possessing a gun. The charges stemmed from an encounter our client had with 3 Detroit Police Officers.
Continue reading “Detroit Defense Attorney Shines at Preliminary Exam” »
Probation Violation Dismissed
Sometimes a skilled probation violation attorney is the only thing that keeps you out of jail. Recently Nessel and Kessel had the pleasure of representing a young man who was alleged to have violated his probation in the Wayne County Circuit Court. The client originally plead guilty to possession of less than 25 grams of heroin and was sentenced to non-reporting probation. Unfortunately, during his probation, the client was forced to change probation officers. As is sometimes the case, the new officer was not familiar with all of the details of the client’s case, and when he didn’t show up didn’t report during the first 2 months of the new probation officer’s term the probation officer issued a warrant for the client’s arrest. The client, who was unaware that a warrant was issued for his arrest, was later arrested and charged with violating his probation by absconding.
Before holding the probation violation hearing, Chris Kessel was able to obtain a copy of the original court file where it clearly showed that the client was sentenced to non-reporting probation. Chris was able to explain to the court that the client was under no obligation to report regularly to his probation officer and that it was the fault of the new probation officer, not the client, that the warrant was issued. When the court saw the original order of probation along with the accompanying documents, the violation was immediately dismissed and the client was continued on his probation, with the court’s apologies. Continue reading “Probation Violation Attorney” »