Nessel and Kessel

Grand theft auto is when a vehicle is taken without permission with the intent to permanently deprive the owner from accessing it. Grand Theft Auto In most states, crimes involving theft are split into two categories: petty theft and grand theft. Petty thefts are generally misdemeanors, punishable by up to one year in jail. Grand thefts are felonies, punishable by one or more years in jail. Typically, the value of the property stolen will determine whether a crime is considered petty theft or grand theft. Depending on the state, grand theft involves property with a value over a set dollar amount, generally $500 to $1000. However, theft of a vehicle is almost always filed as grand theft, regardless of the value of the vehicle. Auto Theft in Michigan Michigan’s laws regarding grand theft auto are a little different. Theft of a motor vehicle applies under Michigan’s general theft statute, which classifies thefts based on the value of the stolen property. Stolen property with a hig...

W hen parents separate, they often wonder how they will provide adequate emotional and financial support for their child. It’s important that both parents are actively involved in the child support process . What Is Child Support? Child support is a court-ordered payment to help with the costs of raising a child. Child support can include payments for a variety of expenses such as medical, dental, childcare and education. Child support continues in Michigan until the child reaches 18 years of age or 19 ½ if the child lives full time with one parent and is still attending high school. There have been a number of changes to Michigan’s Child Support Formula Manual (MCSFM) this year. These are the first changes made to the formula since 2013 and include a variety of updated economic factors and procedural changes.  The amount of child support received depends on a number of factors including income, custody arrangements, the number of children requiring support, estimated...

Laws are constantly changing. It can be difficult for lawyers to keep up. However, it’s extremely important for attorneys to fully understand the law including any changes, as they can impact cases and the advice that lawyers are able to provide. Since July 1st, Michigan Governor Rick Snyder has signed approximately 25 new laws. Michigan lawyers should know and understand these laws. Here are some of the most important new laws to know about. Female Genital Mutilation Becomes a 15-Year Felony in Michigan Perhaps the most significant law passed in Michigan this year is Public Acts 68-79, which makes female genital mutilation a 15-year felony for both the doctors who perform the procedure as well as the parents who allow it. Current federal law makes female genital mutilation a 5-year felony. The new law in Michigan is ten years tougher, increases the statute of limitations for victims to file a civil lawsuit, and provides for greater public awareness campaigns, especially among...

A new bill passed the House Judiciary Committee last month requiring divorced couples in Michigan to share joint custody of their children. The bill removes discretion from judges in child custody cases. Opponents of the Bill Opponents of the bill include judges, advocates against domestic violence, family court employees and the entire family law section of the State Bar of Michigan. These opponents argue that joint custody could pose a number of problems for both parents and their children. Having children split their time equally between two households can be confusing and make it difficult for children to put down roots. Shared parenting responsibilities can lead to problems with employment, daycare and schooling. Joint custody also enables parents to bargain for reduced child support obligations. Joint Legal Custody Barring domestic violence cases, the bill requires judges in Michigan to grant joint legal custody and equal parenting time. It also prohibits either parent...

Dana Nessel, one of the leading litigators of LGBT issues in Michigan, spoke out in an interview with Stateside about the lack of federal laws protecting LGBT people . Currently, there are no federal or state protections for sexual orientation or gender identity. Prior protections imposed by the Obama administration are currently being rolled back by the Trump administration. Without support on the federal level, it is up to each state to implement protections for the LGBT community. Because of her extensive litigation experience, Dana Nessel is considered one of the top criminal attorneys in Michigan. She began her private practice in 2005 and became a staunch defender of constitutional rights. Dana is currently recognized as one of the premier litigators of LGBT issues. Dana is concerned by the injustices faced by the LGBT community in Michigan. She spoke with Stateside last month about these issues. “The LGBT community frequently faces evictions, termination from employment...

Members of the LGBT community have often found themselves the targets of crime .  Unfortunately, with the advent of technology, the range of these crimes has significantly broadened.  Recently, a number of gay men have become the focus of a blackmail scam. These men would meet other gay men online and then engaged in consensual sexual acts.  However, almost immediately afterwards, these men would be contacted by a third party who would tell them that the person with whom they just engaged in consensual sexual acts with was a minor.  In Michigan, statutory rape is a felony punishable by up to 15 years in prison.  The third party would then tell these men that he would report them unless they paid him off.  Sometimes the payment was a few hundred dollars, but in other instances the payment would be upwards of $70,000.00.  Many of these men contacted  Dana Nessel , of Nessel and Kessel Law and founder...

In the 36th District Court, criminal defense attorney  Chris Kessel  won a significant legal victory for his client, resulting in multiple charges, some of which required mandatory jail time, being dismissed.  Our client was charged with possessing a vicious animal, owning an unlicensed animal, and allowing a dog to walk without a leash.  The possessing a vicious animal charge required a mandatory jail sentence.  These charges stemmed from an unfortunate incident where our client’s dog got off its leash and bit a local teenager. Regarding the possession of a vicious animal charge , it was attorney Chris Kessel’s position that in order to be convicted for possessing a vicious animal, the prosecution needed to prove that the client had some actual or prior knowledge that the dog in question was actually vicious.  It was the City of Detroit’s position that, despite the fact that the animal in question had NEVER been involved in any ...