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Felony, Jail, and Probation Avoided on CCW Felony Charge
Our client in this case was charged with Carrying a Concealed Weapon (CCW) in Southwest Michigan. If convicted, our client would have had a felony on his record and could have been sentenced to up to five years in prison. He also would have lost his privilege to possess a firearm if convicted as charged.
The CCW charge originated from a traffic stop for speeding. Our client was stopped on the highway doing 100 miles per hour. Upon approaching the vehicle at the stop, the police officer saw a 50-round magazine in plain view. When asked about firearms in the vehicle, the client admitted to a pistol being lodged between the driver’s seat and the center console. The officer searched the vehicle and found the pistol and seized both the pistol and the magazine. The client was arrested and booked in jail.
At first, this client hired a public defender. While the client bonded out of jail, it was on a $15,000/10% bond. In many CCW cases, the Michigan Gun Crimes Lawyers at the Barone Defense Firm can convince the judge to a lower bond, if not a personal recognizance bond (no cash paid to be released), especially for clients who have no prior criminal convictions. This would have saved the client money, but the client didn’t retain us until after the arraignment.
After we substituted in as his lawyer, we went to work for our client. Enter the experienced gun law attorney from the Barone Defense Firm, Ryan Ramsayer. Mr. Ramsayer knew that a big concern for our client was that he lived in another state and was stuck here in Michigan. When charged with a crime, especially a felony, it is a common condition placed on the defendant upon release that they do not leave Michigan without permission from the court. This issue was not addressed for this client at the arraignment, which was another mistake by the court appointed lawyer. Therefore, the client was stuck in Michigan for over a week, unable to work back in his home state. Consequently, Mr. Ramsayer convinced the judge to allow the client to return home to family and work. Thus, one of the main concerns of the client had been solved right away by Mr. Ramsayer.
The other concerns, avoiding a felony on his record and avoiding jail time, still needed to be worked out. Mr. Ramsayer had ordered all the evidence from the incident to find defenses to the charge. However, after review of the police report, dashcam video, and body cam footage, we determined that the traffic stop, the search of the vehicle, and the seizure of the gun and magazine all happened the way the officer said in the report; no defenses were available.
Because legal defenses to the CCW charge did not exist, Mr. Ramsayer had to put his negotiating skills to work to convince the prosecutor to reduce the charge to a misdemeanor. Mr. Ramsayer presented facts about his client’s work life, family life, and lack of criminal history. It was discovered in this process that the client had a prior gun related charge dismissed in Georgia. This concerned the court, but did not prevent Mr. Ramsayer from reaching the client’s goals- he convinced the prosecutor to agree to reduce the charge to a misdemeanor and no jail time. The judge agreed that the plea deal was in the best interests of justice and entered it on the record.
At the end of the day, the client returned to his home state, avoided a felony, and avoided jail time. What’s more, the judge did not even issue probation! These are the kinds of results that the gun law attorneys at the Barone Defense Firm can achieve through expertise in the law, experience over decades of practice, and personal attentional to the client in their life.