Nessel and Kessel

Since the passing of the act legalizing recreational marijuana people are always asking me what they can and cannot do under the new law. Unfortunately, there are even some questions that I can’t answer. Thankfully, the folks in the legislature realized that there were, indeed, too many unanswered questions floating around about Michigan’s newly legalized plant. So “officials” released a set of “emergency rules” dealing with the use and sale of marijuana. MLive did a great, but lengthy article  here , but let me make it even more brief by touching on what I get asked about most… Marijuana sales probably won’t happen until early 2020…which I guess isn’t that far away. “Public use” will also soon be allowed. This isn’t to say you can smoke a joint on the street. But festivals and events can get special permits to allow such use. And soon smoking lounges will be opening as well, though they will be prohibited from selling food and alcohol at the same establishment. Yes, you can b...

“Sir, PPO’s are not put in place because someone is rude to you.”  These were the words spoken by a Wayne County judge last week at the conclusion of a PPO termination hearing .  It was just another example of using precise cross-examination to show the judge that this PPO was bogus. My clients were neighbors of the person who filed the PPO.  For years there had been tension between my clients and their neighbor.  This tension came to a head when the neighbor, in the middle of an argument with my clients, pulled out his gun and threatened them.  The neighbor was charged criminally and, despite there being pictures of him with his gun out, was acquitted.  But then the neighbor had the “stones” to file a PPO against my clients, alleging that they were harassing him. At the hearing I cross-examined the neighbor about his specific claims in the PPO.  He was forced to admit that the actual basis of the petition was that the neighbors were both rude to...

Last week a new traffic law went into effect that everyone should be aware of. The new statute requires that drivers passing emergency vehicles on the side of the road slow down to at least 10mph under the posted speed limit. The law also requires drivers to move over one lane if possible (depending on weather and traffic conditions). Failing to follow this law can result in a $400 fine and 2 points on your license. Here is a link  to information on the new statute.

The laws regarding self-defense vary from state to state. In Michigan, individuals are allowed to use deadly force to protect themselves if they believe their life is in danger. Michigan’s “Stand Your Ground” law states that an individual has no duty to retreat if they feel unlawfully threatened by another. This is true no matter where they are. This is different than Michigan’s “Castle Doctrine” law, which allows individuals to use deadly force against another, but only if they have broken into their home. The “Stand Your Ground” law is designed to protect the public and decrease the incidence of violent crimes. It is believed that individuals will be less likely to commit acts of violence if they are putting their own life at risk by doing so. Michigan and Florida’s “Stand Your Ground” laws are very similar. Other states that have adopted similar laws include South Carolina, West Virginia, Kentucky, Oklahoma, Tennessee, Wisconsin, Wyoming, Kansas, and Mississippi. “Stand...

Over the years, we’ve provided information on a wide range of legal topics through our blog. Some of these topics are of particular interest to Michigan residents. The following are our top legal blog posts. Operating While Intoxicated VS Operating While Impaired Drunk driving is one of the most common charges in the State of Michigan. The number of residents charged with Operating While Intoxicated (OWI) and Operating While Visually Impaired (OWVI) generally increases during the summer. It’s important to understand the difference between OWI and OWVI as the consequences for these charges vary. The following blog explains the differences between the two: https://chriskessellaw.com/2013/05/operating-while-intoxicated-vs-operating-while-impaired/ “The Police Didn’t Read Me My Miranda Rights?”  Many clients come into our office wondering why they weren’t read their rights. It’s a common misconception that rights must be read at the time of arrest. This simply isn’t true. In...

Chris Kessel will continue to see clients as solo practitioner at Chris Kessel Law Dana Nessel of Nessel & Kessel Law has announced that she is leaving the law firm to pursue her campaign for Michigan Attorney General. Chris Kessel will continue to represent the law firm’s current and future cases. On April 15th, 2018, members of the Michigan Democratic Party voted overwhelmingly to endorse Dana Nessel as their candidate for Michigan Attorney General.  She will be stepping away from Nessel & Kessel Law indefinitely as she continues her campaign for Michigan Attorney General. “I am thrilled, but definitely not surprised that Dana Nessel was able to win the Democratic Party’s nomination for Michigan Attorney General,” said Chris Kessel. “I am equally excited to continue my work at Chris Kessel Law as a solo practitioner. I have always considered it a privilege to represent our clients. No matter what the case, I look forward to providing the best possible representatio...