ATTORNEY CARL JORDAN - MICHIGAN CRIMINAL DEFENSE BLOG
HOW TO GET YOUR CCW CHARGES DISMISSED
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If you’re facing CCW charges in Wayne, Oakland or Macomb County and want to have your charges reduced or dismissed, Attorney Carl Jordan shares your goal. He has an outstanding track record in getting great results in CCW cases.
These type of charges require a a knowledgeable and experienced attorney. Judges and prosecutors are intent on getting convictions due to the growing gun problem in America. Mr. Jordan has been successful in getting prosecutor's evidence suppressed and charges dismissed before the case went to trial.
Each CCW case is different and Mr. Jordan will recommend the best strategy for each individual. This blog post looks at some of the strategies he has used to get the best possible outcomes.
A felony conviction for concealed carry (750.227 Concealed weapons; carrying; penalty) can alter your life permanently. The quality of the rest of your life as well as your right to own weapons is dependent on you doing everything possible to obtain a positive resolution of your case and avoid the harsh penalties that result from a conviction.
Under Michigan law (Penal Code section 750.227), carrying a concealed weapon in a vehicle or on your person without a license is a felony punishable by up to 5 years in prison and a $2,500 fine. The only places you can legally carry a concealed gun without a license are your home, your place of business or on other land you own.
If convicted of this felony, you can no longer own firearms. Your ability to gain employment, qualify for professional licenses or enroll in college may be significantly impacted.
Can Charges be Dropped Before Trial or During Trial?
Many cases get dismissed before going to trial. The first thing a good trial attorney will do is try to get a case dismissed.
If your case goes to trial, the prosecutor must prove that every piece of evidence was obtained lawfully. If the prosecutor cannot do that, your lawyer can make a motion to dismiss. Your attorney may also have certain evidence suppressed and if successful, the prosecutor may not have enough evidence to prove the case against you. Your lawyer can then ask the court to dismiss the charges against you.
The Traffic Stop was Illegal
Many CCW charges arise from traffic stops. If the police did not have a valid reason to pull you over, any evidence obtained during that traffic stop may be suppressed. A police officer is not allowed to randomly stop a vehicle unless a passenger in the car has broken the law or the officer has evidence that would lead them to reasonably suspect a crime was committed. Once stopped, officers can only search a vehicle if they have a warrant or under certain circumstances.
The Vehicle Search was Illegal
The police need your consent or must have probable cause to believe you are hiding something illegal in your car to search it. If the police don’t have probable cause or your consent to search your car, any concealed weapons found may not be used to prove your guilt in court.
Lack of Probable Cause to Arrest
Police in Michigan can only make an arrest if the officer has probable cause to believe that a suspect committed a crime. If an individual is arrested without probable cause, the case can be dismissed. Probable cause means some kind of factual evidence to suspect a crime is needed.
Example of Lack of Probable Cause for the Arrest
If a witness tells police that the robber was wearing a black jacket with a yellow butterfly emblem on the sleeve, the officer may have probable cause to stop an individual matching that description. If the officer doesn’t have a description and simply arrests a person walking down the street, the officer may not have had probable cause to make the arrest. By showing the lack of probable cause, the court may drop or dismiss the charges.
If a witness tells police that the robber was wearing a black jacket with a yellow butterfly emblem on the sleeve, the officer may have probable cause to stop an individual matching that description. If the officer doesn’t have a description and simply arrests a person walking down the street, the officer may not have had probable cause to make the arrest. By showing the lack of probable cause, the court may drop or dismiss the charges.
Knowledge and Intent Requirement
A big part of any criminal accusation is intent. For a gun charge to stick, the prosecution needs to show that you were aware that you were concealing a gun. But what if the gun was inside the glove box of a car you borrowed from a friend? If you weren’t aware that the gun was in the car, you can argue that you had no knowledge of the weapon. Sometimes a passenger or other occupant of the vehicle may place a weapon under a seat, in the back pocket of a seat, or other location in the car and the driver of the car has no knowledge of the gun. The prosecution must prove beyond a reasonable doubt that the defendant knowingly carried the weapon. Merely being present in a vehicle where a pistol or weapon was found is not enough to make someone guilty.
You did not Knowingly Possess the Concealed Weapon
A big part of any criminal accusation is intent. For a gun charge to stick, the prosecution needs to show that you were aware that you were concealing a gun. But what if the gun was inside the glove box of a car you you borrowed from a friend? If you weren’t aware that the gun was in the car, you can argue that you had no knowledge of the weapon.
Sometimes a passenger or other occupant of the vehicle may place a weapon under a seat, in the back pocket of a seat, or other location in the car and the driver of the car has no knowledge of the gun. The prosecution must prove beyond a reasonable doubt that the defendant knowingly carried the weapon. Merely being present in a vehicle where a pistol or weapon was found is not enough to make someone guilty.
The Weapon was not Concealed
A partially concealed weapon is often considered to be concealed, but your lawyer may be able to show that your weapon was sufficiently visible and should be considered to be open carry.
You were on your own property
If you got arrested for illegal concealed carry on the border of your property, your lawyer may be able to show that there is a possibility the officer arrested you on your own property and the concealed carry was legal.
Under Michigan law, there are special provisions of law to get criminal crimes dismissed for adults and juveniles. In addition to HYTA and diversion programs (listed below) there are other provisions that may be advantageous to your case. An attorney can advise you on what is available to you.
HYTA
The Holmes Youthful Trainee Act (HYTA) is applicable for eligible youthful offenders, age 18 but before age 26, Under HYTA, designated misdemeanors or felonies may be dismissed and sealed after successful completion of probation along with any conditions ordered by the court.
Diversion
Diversion programs are a way for defendants/offenders to avoid a conviction. The programs are focused on first-time offenders charged with non-violent misdemeanors or low-level felonies.
Why You Need a Criminal Defense Attorney to Fight Your CCW Charges
Carrying a Concealed Weapon is punishable by up to 5 years of prison, two years of probation and hefty fines/ costs. Prosecutors will often take a very aggressive approach to seeking incarceration.
An experienced and knowledgeable criminal defense attorney is a “must-have” to give you the best chances of having your CCW charges dismissed. If the attorney is unable to get the charges dismissed, you may be eligible for HYTA or Diversion programs. When it comes to getting the charges dismissed or getting a HYTA or Diversion sentence, you need an experienced attorney who has success in these areas.
About Attorney Carl Jordan
Defending weapons charges requires a thorough knowledge of the many exceptions and legal defenses relating to these charges. It also requires a great deal of legal skill and courtroom experience. Michigan Criminal Attorney Carl Jordan has successfully defended many clients charged with CCW. He can provide the aggressive, effective defense you need to fight CCW charges.
Attorney Jordan will evaluate your case to determine the best course of action and your eligibility for dismissal of criminal charges or alternative sentencing provisions including HYTA or diversion programs. Stop stressing and contact him at 248 358-6647 for a free consultation.
