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.
Criminal defense attorney scores another Not Guilty
A sigh of relief was heard in Frank Murphy as criminal defense attorney Dana Nessel earned another not guilty verdict for her client last week. The client was charged with felonious assault and felony firearm. The felony firearm count carried a mandatory 2 year prison term. The felonious assault charge carried a maximum of 4 years in prison, though it is likely that the client would have received probation. The case was based solely upon the testimony of two security guards who worked at a local venue in the city of Detroit. Not only did the verdict mean that a mandatory prison sentence was avoided, but it paved the way for possible civil litigation against the venue.
The case came about as a result of a confrontation in downtown Detroit in January of 2014. Dana Nessel’s client was driving his vehicle down Woodward Ave., when the vehicle was struck with snow from a snow blower that was being operated in front of the local venue. The operator of the snow blower actually struck the client’s vehicle again when he (the client) slowed down. Eventually, the client got out of the car the confront the man (the complaining witness) about his having blasted the client’s car with snow. Words were exchanged, followed by the appearance of another man who worked at the venue. A physical altercation nearly ensued, but the confrontation ended when both the client and the second man (the second complaining witness) pulled their firearms. After the client left the scene, he called the police. However, he was forced to call the police several times until he realized that no one from the Detroit Police Department would take any action. Unfortunately, the complaining witness also called the police, leading ultimately to the client’s arrest. Thankfully the client’s next call was to the Michigan criminal defense attorneys at Nessel and Kessel Law.
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