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Ryan Ramsayer Avoids Two Felony CCW Charges for BDF Client
Our client was a licensed real estate broker who owned his own brokerage agency. He had built his career and business as a realtor over the course of 25 years. He had a family, including a wife and two kids. He just purchased a new home and was still in the midst of the moving process. The personal elements of our client in this case presented significant consequences for someone charged with Carrying a Concealed Weapon (CCW) in Michigan. For example, if convicted of felony CCW, the client was worried that he'd lose his license to sell real estate. If this happened, how would the client support his family along with the new home they just purchased? These were some of the consequences that Barone Defense Firm's firearms attorney, Ryan Ramsayer, set out to avoid.The Incident:
Our client was working late at his office in the mid-Michigan area. He left to go home and was stopped by police for rolling a stop sign. He had some stuff in his car from moving, including two pistols. He did not have a Concealed Pistol License (CPL). The police officer was training a new officer and, after reviewing all the evidence, it was clear they were looking for a drunk driver. The officer was on his way to run the client's record and issue a ticket for rolling the stop sign, when the officer asked if there were any drugs or firearms in the vehicle. Our client, honest man that he was, admitted to having the two pistols in the cab of his truck. He had been looking for his driver's license earlier and thought it may have been in the gun case, so he took the pistols out and left them under a pile of junk from his move. The client cooperated with the police and was let go, but the cops kept the pistols and forwarded the case to the prosecutor.The CCW Case:
The client was very nervous about ending up with felonies and losing his realty license and business. Therefore, it was important we avoided any result that included a plea to a felony. The initial offer from the prosecutor was to plead to one felony CCW including forfeiture of both pistols. This was not good enough for the client, so Ryan Ramsayer did further work to try to get a better deal. Mr. Ramsayer obtained the discovery and met at the client's home to go over what it meant for his case.
The discovery wasn't helpful in securing a better result. However, throughout the representation process, Mr. Ramsayer had a chance to meet with the client and his wife, get to know them, and obtain information to use in a deviation letter (a letter detailing specific reasons that the defendant should receive a better plea deal). Through this deviation letter and Mr. Ramsayer's conversations with the prosecutor, the prosecutor offered to allow our client to plea to two counts of illegal transport of a firearm (a misdemeanor) with forfeiture of the pistols. The client was happy with this deal because it accomplished his goal of not having any felonies on his record.
After the plea, Mr. Ramsayer still had to convince the judge not to sentence the client to jail under the two misdemanor charges in the plea deal. After listening to Mr. Ramsayer's arguments for his client at the sentencing hearing, the judge ordered no jail time. Not even probation was ordered! Just fines and costs. The client was excited. We dodged two felonies, jail, and probation, and the result didn't compromise his realty license or business.The Moral of the Story:
Michigan CCW cases can be very frustrating because the person charged typically has no intent to use their firearms illegally, and certainly no intent to hurt anyone. Even when someone doesn't know their breaking the CCW law, they have no plan to use their gun, and have no criminal background, someone can be guilty of a felony CCW charge. However, with the best CCW lawyer, like those at the Barone Defense Firm, good results can be achieved.