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” »
In this tight economy, making $50 from just buying a box of Sudafed can be an extremely attractive offer. That is what a growing number of people in the State of Michigan are realizing, according to law enforcement officials. These types of “quick bucks” are directly fueling an overwhelming drug epidemic in Southwest Michigan, causing families to fall apart, property values to fall, and prison cells to overflow.
Even though a state law passed in 2012 limits the amount of cold medicine products containing pseudoephedrine one can buy at a time, methamphetamine production in the Mitten state has shown little signs of stopping and has created a new type of criminal in Michigan.
State law requires those who buy cold medicines containing pseudoephedrine to show identification and have their names inserted into NPLEx, a police database, to monitor how much is being purchased at one time. Michigan limits a person to 3.6 grams per day and nine each month.
As one of the key components in manufacturing methamphetamine is found in cold medicines containing pseudoephedrine, addicts pay others large sums of money to purchase these meds for them. Referred to as “smurfing,” this new type of drug deal is particularly profitable for the purchaser—a box of Sudafed has a street value of nearly $50, meaning significant gains for the buyer.
Despite the tougher monitoring laws, the creation of the “smurf” dealer is just one example of how law enforcement officials in Michigan have seriously struggled to damper meth production and use in the state. In fact, many argue that the result of the new law has been the creation of a black market for pseudoephedrine products, ultimately creating an entirely new type criminal. Many argue that in that sense, the law has made the increasingly desperate situation much worse.
Although there is no specific law in Michigan that makes smurfing illegal, if the purchaser knows that the product they’re buying is going to be used in the manufacture of methamphetamine, they can still be charged with aiding and abetting. Because of this, accusations of “smurfing” are incredibly serious, and could have potentially life-changing consequences. If you or someone you know has been accused of “smurfing” to manufacture meth, contacting an experienced Michigan criminal defense attorney should be the very first step. Only with a skilled legal defense team can one overcome these very harsh charges, which could result in enormous fines and/or incarceration. The knowledgeable Detroit criminal defense lawyers at Nessel and Kessel Law can provide the legal advice and legal representation needed to prevent smurfing accusations from becoming permanent blemishes on one’s record.
Citizens accused of drug trafficking in Detroit, Michigan generally can face some of the harshest penalties of the law. This is because drug trafficking – delivery or distribution of illegal substances – usually carries stiffer penalties than: drug manufacturing or growing, and possession or use. Typically those accused of drug trafficking are carrying large quantities of illegal drugs, such as marijuana, cocaine, heroin, amphetamines and pharmaceuticals, across county, state and national borders. When this happens, federal law enforcement agencies – like the DEA and FBI – usually get involved, increasing the severity of the felony, both in terms of money and jail time.
Most drug trafficking charges in Michigan carry at least 20 years to life in prison with fines ranging between $25,000 to $1,000,000. The severity of the penalty will differ depending on:
- The amount of drugs in your possession:
- Less than 50 grams cocaine can equal around 20 years in prison with a $25,000 fine
- Between 5 – 45 kilograms of marijuana can equal around 10 years in prison with a $500,000 fine
- Any amount of methamphetamines or ecstasy can equal around 20 years in prison with a $25,000 fine
- If you were selling the drugs around a school
- If you were selling the drugs to a minor
- If you were carrying a firearm
- If this is your first drug conviction
If you’re charged with drug trafficking in Detroit, Michigan, you need the best legal defense team available. At Nessel & Kessel Law in Detroit, Michigan, we’ve represented hundreds of citizens charged with drug trafficking in Detroit, Michigan. We’re willing to take the time to give you the best legal defense possible to help reduce your charges to drug possession. It takes a lot of work by the prosecutors to show that just because you had a large quantity of drugs in your possession, you intended to sell them. Nessel & Kessel Law will take the time to listen to your case and put in any amount of work necessary to prove flaws in the prosecution’s charges and help prove your innocence – such as mishandling of the drugs, illegally entering the crime scene, etc … Contact Nessel & Kessel Law for a confidential consultation to discuss your rights.
Contact Nessel & Kessel Law in Detroit, Michigan for quality and compassionate legal representation that will ease your anxiety and make sure you and your family’s best interests are taken care of. Nessel & Kessel Law in Detroit, Michigan will take listen to your case and give you the individual attention you deserve during these trying times.
About Nessel and Kessel
With more than two decades of experience, Nessel & Kessel Law is one of Michigan’s premiere litigation firms. Nessel & Kessel Law’s experience includes all Detroit, Michigan misdemeanor and felony charges, assault, auto theft, criminal sexual conduct, domestic violence, drug possession and trafficking, expungements, homicides, manslaughter, internet crimes, larcenies, home invasions, breaking and entering, probation violations, retail fraud, drunk driving, license restoration, traffic tickets, divorce, annulment and legal separations, child custody and visitation, child support and spousal support, restraining orders, personal protection orders, paternity, prenuptial and postnuptial, gay and lesbian family law issues, civil rights and constitutional violations, false imprisonment, forfeiture actions, police brutality, premises liability, wrongful arrest and wrongful death. Nessel Defense Law is located in Detroit, Michigan in the Penobscot building on the corner of Griswold and West Congress Street.
Contact Dana Nessel or Chris Kessel today at 313—556-2300 for an in-depth and confidential consultation regarding your rights