Chris Kessel was able to convince and judge and a prosecutor that all charges against his client should be dismissed. Yes, you read that correctly…I convinced the Macomb County Prosecutor to dismiss charges against my client.
My client was charged with Receiving/Concealing Stolen Property – Firearm, which is a 10 year felony. To sustain this charge the prosecutor must prove that my client was in possession of a firearm AND that he knew that the firearm had been stolen. A preliminary exam was held, before I was hired, where an officer testified that my client admitted to possessing the firearm.
One of the responding officers was able to read off the serial number on the weapon and discover that it had been indeed reported stolen several months ago. However, there was no testimony regarding his knowledge that the weapon had been stolen. The district court judge ruled that there was enough evidence for the case to proceed to trial, despite this missing element.
Sometimes it is easy to argue that when someone is in possession of an object that they know or have reason to know the object is stolen. When a person is driving a car that has a screwdriver where the key should be…probably stolen. When a person buys a video game console from another person who is standing next to the broken window of an electronic store…probably stolen. However, in this case, the firearm in question was in perfect condition and the serial number had not been altered. An altered serial number is usually a dead giveaway that an item is stolen.
It was this argument, against the backdrop of supporting case law, that I used in my motion to have the charges dismissed (called a Motion to Quash). On the day of the motion hearing the prosecutor told me that he was in agreement with my motion and he would move to have the weapons charge and the marijuana charge that was attached both dismissed. When the went on the record the judge indicated that she was also in agreement with the prosecutor’s position and signed the order of dismissal.
It pays to have an attorney who knows when and how to make a successful argument to have a case dismissed. If you or a friend or family member are facing any criminal charges please contact Chris Kessel Law today.