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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Recently, the laws surrounding Michigan’s sex offender registry have come under intense scrutiny. Proponents of such a classifying system argue that registries help parents and other upstanding citizens keep track of violent sexual offenders and pedophiles who prey on children, but those opposed point to research that suggests otherwise.
Sex offender registry lists may, in fact, do little to protect communities from danger, and instead create trouble and torment for those nonviolent offenders who are unlikely to reoffend. (It’s interesting to note that the state of Michigan has the fourth highest per capita number of offenders on its list; and is only one of four that requires those convicted of public urination to register — seems crazy, right?)
Many argue that Michigan’s sex offender registry laws are too broad, and maybe even downright unconstitutional. That: That’s for someone else to decide on a different day, and here what we’ll talk about instead is this:
How to Remove Your Name from Michigan’s Sex Offender Registry
If you were convicted of a sex crime in Michigan, and were required to add your name to the list of sexual offenders in the state, know that you may qualify to petition the court, to have your name removed from the sex offender registry.
Do you know what kind of information the state has on you?
More than you might think.
The sex offender registry in Michigan contains:
- Your name
- Your place of employment,
- Your mugshot,
- The crime(s) that put you on the list
- Your car’s make, model, color and license plate.
Do I qualify to petition the court to have my name removed?
Thanks to the Sex Offender Registry Act (SORA), Public Act 17 and Public Act 18, of 2011, certain sexual offenders in Michigan can petition to have their names removed from the state’s sex offender registry; prior to the Act’s passage in 2011, this was not possible, for any reason whatsoever.
Now, things are different.
Tier I offenders — those whose offenses were the least severe (e.g., indecent exposure, most cases of fourth degree criminal sexual misconduct, and possession of child pornography) — may petition the court to have their names removed from the Michigan sex offender registry list after 10 years. Before 2011, such offenders would be required to wait 15 years.
Tier III offenders are those whose crimes were more severe (e.g., first degree criminal sexual misconduct, and child molestation), and are required to register for life. However, under SORA, Tier III offenders may petition the court to reduce their registration sentence to 25 years — but only if the offender was a juvenile at the time of offense.
With that in mind, juvenile offenders — those convicted before July 1, 2011, and those who were under the age of 14 at the time of conviction — may petition the court to have their names removed entirely.
You might qualify to have your name removed from the sex offender registry.
The Sex Offender Registry Act of Michigan makes it possible to have your name removed from the sex offender registry, so there is hope. But it’s not a perfect process, nor an easy one. And you only get one shot. This is why it’s absolutely necessary to have an experienced attorney in your corner as you petition the court for removal from Michigan’s sex offender registry.
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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Detroit defense attorney Chris Kessel turns 8 convictions into 4 with HYTA.
Several weeks ago a client came to Nessel and Kessel Law with EIGHT cases involving Breaking and Entering, Larceny from a Building, and Felony Firearm. It became immediately apparant that all 8 cases stemmed from the actions of one night. Unfortunately, because of the Felony Firearm charge the client was looking at a minimum of 2 years in prison.
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Home Invasion Attorney Gets 20 Year Felony Dismissed
This week, in the Wayne County Circuit Court, Detroit defense attorney Chris Kessel of Nessel & Kessel Law achieved another significant legal victory. Our client was charged with Home Invasion – First Degree, Unlawfully Driving Away an Automobile (UDAA), and misdemeanor Domestic Violence. The Home Invasion charge carries a maximum 20 year prison sentence, while the Unlawfully Driving Away an Automobile carries a maximum sentence of 5 years in prison. Generally, when a defendant is sentenced on two or more crimes at the same time, the sentences will run “concurrent”; meaning that both sentences will be run at the same time. However, because of the state of the law in Michigan, if a defendant is convicted of Home Invasion and another crime, the sentences will run consecutive; meaning a defendant will have to serve their sentence on the Home Invasion THEN serve their sentence on the other crime.
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Plymouth criminal defense attorney, Dana Nessel, gets charged thrown out.
After multiple hearings Dana Nessel, of Nessel and Kessel Law, successfully persuaded the attorney representing the City of Plymouth to dismiss a case against our client. Ms. Nessel, a well respected criminal defense attorney in the Plymouth, looks forward to filing a civil suit alleging police misconduct in the near future. The case stems from charges of resisting and obstructing out of the 35th District Court.
Our client had been charged with Resisting, Obstructing, Assaulting a Police Officer, in connection with traffic stop. Our client, who was the passenger of the stopped vehicle, was asked by an Plymouth officer to provide a driver’s license. The client refused, however he did give his full name to the officer. The officer then decided that wasn’t enough and told the client that he was going to be placed under arrest unless he provided his license, which our client still refused to do. The officer then used physical force against our client by slamming him to the ground and kneeing him in the back. During the entire incident the client – as captured on video – was yelling “I’m not resisting!” Our client was left with abrasions and contusions on his face, arms, and chest.
According the Municipal Code for the City of Plymouth it is not a crime to refuse to provide a driver’s license to a police officer, so long as you accurately identify yourself. During an evidentiary hearing Dana Nessel forced the officer to admit that he was fully aware that failing to provide identification was not an arrestable offense in the City of Plymouth. This admission supported our claim that the arrest was an illegal one. That fact, coupled with a recent development in Michigan case law which allows for the resisting of an illegal arrest, allowed Ms. Nessel to pressure the prosecutor into dismissing his case.
Our client has been cleared of ALL CHARGES.