When police need to read you your Miranda rights.
Many times when a client first walks through the door of Nessel and Kessel Law and we begin to discuss their case, I’m often asked “how can they charge me, the police read me my rights?!” As some of the top Detroit criminal defense attorneys, I can tell you that this question comes from too many people watching too much Law & Order type television. While many people may not know it, the “rights” they are referring to are commonly referred to as “Miranda rights.”
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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.
Chris Kessel secures another NG verdict for his client
The client reacted with tears of joy when the jury read back its verdict; “not guilty of the offense of felony firearm, not guilty of the offense of felon in possession of a firearm.” It was a well-earned victory for the client and criminal defense attorney, Chris Kessel. Had the verdict gone the other way, the client was facing a minimum of 2 years in prison.
The case, heard at the Third Circuit Court, stemmed from a complaint received by the Detroit Police, that a man had been firing a shotgun in front of a house in the early morning hours. When the police arrived on the scene they met the client, who was seen exiting a home. When questioned by the police, the client said he had no knowledge of a gun being fired in the area. What happened after that differs depending on whose story you believe. Thankfully the jury did not believe the officers.
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PPO Attorney Successfully Fights Petition.
At a hearing in the Wayne County Circuit Court, family division, Dana Nessel, top Michigan criminal defense attorney and PPO attorney, successfully argued against the issuance of a Personal Protection Order (PPO). The petitioner and the client (respondent) were formerly husband and wife, but were divorced almost 10 years ago. The petitioner claimed that she was in need of a PPO because our client had made numerous threats against her. In her petition, she claimed that our client had been making these threats for months, that he had appeared at her home unannounced, and that he claimed he was going to use his pistol against her.
Our client lives in another state and had to arrange to hire a Detroit PPO attorney who would fight his case. He maintained that the claims in the PPO were completely false…or more accurately, that they were true to a certain degree. The petitioner claimed that the client had made threats, which was true in a manner of speaking. The parties have two children together. Our client has primary custody outside of Michigan. Unfortunately, the petitioner has a habit of failing to follow the parenting time order that is in place. As such, our client has had to file numerous police reports in order to prove to the court that she is violating the parenting time order. Thus, the threats that the petitioner mentioned were threats that our client would report the petitioner to the police, again.
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Michigan Criminal Defense Attorney Gets Case Dismissed
Michigan criminal defense attorney, Chris Kessel, of Nessel and Kessel Law, struck another blow for justice today in Wayne County Circuit Court by convincing the court to dismiss the charge of Assault by Strangulation/Suffocation. The offense itself is a newly defined crime in the State of Michigan. The law actually went into effect April 1, 2013. It was alleged that the client put his hands around the neck of the complainant and applied pressure so as to impede her breathing of blood circulation. This particular allegation is what lead the prosecutor to bring the strangulation charge.
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What is “self defense”?
Many times when we meet a client who is charged with an assaultive crime, they try to explain why they believe they should be acquitted because they were acting in self defense. While that may be true in “the real world”, it is generally not true under the legal definition of self defense. The legal meaning of self defense is very precise and often the tiniest deviation from the technical legal meaning can make the defense invalid. Depending on the type of crime you have been charged with, your ability to argue self defense can change, so make sure you consult with one a top criminal defense attorney in Michigan before deciding on a defense.
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