My client was facing such a charge, a second offense felony firearm, along with accompanying charges of Felon in Possession of a Firearm, Carrying a Concealed Weapon, and a several others…
Gun charges are some of the most serious in the State of Michigan. In fact, the more convictions one has on their record, the more serious the punishment. For example, a first Felony Firearm offense carries a mandatory 2 years in prison. A second offense carries 5 years in prison. A thing offense comes with a 10 year sentence! So yeah, these are serious charges.
Along with there being a number of different gun charges, there are a number of ways to get a case dismissed. Sometimes it’s a rule of law that is violated. Sometimes, as was the case last week, there’s a procedural issue that can be the basis of a dismissed. I requested an order, and it was granted, that the Wayne County Prosecutor’s Office be required to provide me specific items of discovery. Generally speaking we, as the defense, are always entitled to discovery (police reports, video, etc…). But here we were asking for some specific things which were delayed in being produced. At a previous court hearing the judge specifically told the prosecutor that if they did not provide the discovery the case would be dismissed.
At court, when the case was put on the record, I told the judge that I had not been provided discovery yet. The judge looked at me like I was crazy…then she told me I must be mistaken and that I did have discovery. I laughed and told her that, sadly, she was mistaken. The prosecutor (who was not at all the blame) had nothing to do but apologize to the court and ask for the adjournment. Thankfully the judge sided with me and the case was dismissed.
If you or a friend or family are in need of an attorney who can get a case dismissed by any means possible, contact Chris Kessel Law today.