Carl Jordan Law Firm 2026-08-17T18:09:39Z https://www.carljordanlawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1405068/2026/04/cropped-CJ-site-icon-32x32.png On Behalf of Carl Jordan Law Firm <![CDATA[Is it possible for the court to change the terms of your bond?]]> https://www.carljordanlawfirm.com/?p=46974 2026-08-14T08:26:17Z 2026-08-14T08:26:17Z Understanding the court's authority A Michigan court can reconsider either part of the bond order. The defense or prosecution may request a modification, and the judge may also raise the issue. The party asking for relief must present a basis for doing so. The standard shifts at the arraignment on the information. Before that hearing, a court handling the case may alter a prior release decision only after finding a substantial reason to do so. At that hearing, a circuit court proceeding where you are formally advised of the charges and enter a plea, the judge examines the issue anew. The earlier threshold does not apply then or afterward, although any revised order must still comply with the legal standards for pretrial release.

Evaluating grounds for change

Relevant considerations for making bond terms more or less restrictive include:
  • Your history of appearing at court proceedings, failing to appear or fleeing to avoid prosecution
  • Your background, including any criminal record, juvenile offenses, pending charges, substance abuse or addiction
  • Your personal circumstances, including mental condition, employment and financial history, ability to post money bail, family relationships, length of residence and responsible people who can vouch for or monitor you
  • Your current charge, including its seriousness, any alleged threats, the likelihood of conviction, the probable sentence and other facts related to nonappearance or public safety
New information or your conduct during release can shift this analysis in either direction. Documented compliance may support less restrictive terms, while an alleged violation or new arrest can lead the judge to consider stricter conditions.

Requesting a revised order

After identifying the proposed terms, the motion should connect each one to supporting information. Relevant documents can give the court a clearer factual basis than argument alone. Employment records can show that your work schedule conflicts with a reporting requirement, while treatment documentation can confirm your participation in a program. If the court still considers some oversight appropriate, an attorney can propose electronic monitoring or another condition that addresses those concerns.]]> On Behalf of Carl Jordan Law Firm <![CDATA[Can a financial crime charge be dismissed before trial?]]> https://www.carljordanlawfirm.com/?p=46885 2026-07-15T16:14:42Z 2026-07-05T17:42:51Z A federal fraud or embezzlement charge can threaten everything you have built: your career, your family’s privacy, your assets and your standing in Detroit’s business community. If you have never faced the criminal justice system, the idea of a public trial may feel unreal. Dismissal before trial can happen in some cases, but it usually depends on a legal problem the court can decide before a jury hears evidence.

Early dismissal depends on a legal flaw

A judge does not dismiss a financial crime charge simply because you deny the allegations or have a strong reputation. Before trial, the court often looks for legal defects it can resolve without deciding guilt or innocence. Federal rules on pretrial motions allow certain objections when the court can decide them without a trial on the merits. That may include improper venue, a defective indictment, lack of specificity or a suppression issue. For a Detroit executive, this distinction matters because complex financial cases often involve years of records, emails, audits and approvals. The defense must identify a true legal flaw, not just a disputed business story.

Weak evidence may still matter before trial

A financial crime case may look thin from your perspective. You may believe other officers approved the transactions, auditors misunderstood routine decisions or company controls were unclear. Those facts can support the defense, but they do not always justify immediate dismissal. Judges often leave questions about intent, knowledge and loss for the jury. Still, weak evidence can shape the case before trial. It may narrow the issues, support negotiations or help challenge how prosecutors frame ordinary business judgment as fraud.

Suppression motions can shift leverage

Dismissal is not the only important pretrial goal. If federal agents searched devices, seized records or interviewed employees, the defense may review whether investigators followed constitutional rules. A successful suppression motion can keep some evidence out of court. That can matter in a white collar case because prosecutors may rely heavily on emails, bank records and spreadsheets. If key evidence becomes unavailable, the government may have to reassess the strength of the case.

Reputation strategy should start immediately

For professionals, the public side of the case can feel as urgent as the courtroom. A charge can affect board positions, banking relationships, licenses, investors, employees and your children’s social world. Silence, panic or careless explanations can make things worse. Early white collar defense should account for legal exposure, reputation risk and family pressure at the same time. That may mean preserving records, limiting informal explanations, controlling who speaks for you and preparing for media attention.

Ask what can challenge before trial

The first question is not only, “Can this be dismissed?” A better question is, “What part of the government’s case can you attack now?” Before reacting publicly or assuming a trial is inevitable, focus on the pressure points: the indictment, the investigation, the evidence and the government’s theory of intent. Finding the right pressure point early may expand your options before the charge starts defining your future.]]> On Behalf of Carl Jordan Law Firm <![CDATA[3 signs you’re under federal investigation]]> https://www.carljordanlawfirm.com/?p=46883 2026-07-15T16:13:51Z 2026-06-14T13:17:01Z Federal investigations can start quietly. No one may have charged you yet. Still, signs may appear around your office, your bank records or your business contacts. For a Detroit executive, that silence can feel almost manageable. It may not stay that way. Your name, family, career and company role may all be at risk.

1. Federal agents contact people around you

Federal agents may speak with employees, vendors, accountants, board members or former business partners before they call you. The questions may sound polite and casual. Still, agents often use these talks to compare stories and test a theory. In fraud, embezzlement or tax cases, agents may ask who approved invoices, moved money, changed records or used certain accounts. If several people around you receive similar questions, the inquiry may have moved past routine business review.

2. Your company receives subpoenas or record demands

A subpoena for emails, payroll files, invoices, bank records or internal audits can signal a serious federal review. Financial cases often turn on documents. Prosecutors may look for records that show intent, timing and control. Justice Department guidance on grand jury witness rights explains that prosecutors may treat someone as a witness, subject or target. Those labels matter because they show how prosecutors currently view a person’s role. A records demand to your employer, however, may not tell you where you personally stand.

3. Agents ask to speak with you directly

A call, visit or interview request from federal agents deserves careful attention. Even if agents sound calm, they may already have documents, witness statements or digital records that shape their questions. Executives facing white collar charges sometimes believe they can explain everything because they know the company best. That confidence can create risk. A statement that seems harmless may conflict with records, emails or another witness’s account.

Take the early signs seriously

Federal white collar cases rarely move at the pace people expect. Investigators may spend months building the file before an arrest, indictment or target letter appears. By the time the matter becomes public, the government may already have a detailed record of financial choices, company procedures and private communications. Early preparation can help you understand the inquiry, protect important records and avoid statements that create needless exposure. Quiet does not always mean safe. Sometimes, it means the government has not shown its full hand yet.]]> On Behalf of Carl Jordan Law Firm <![CDATA[4 factors that turn assault into aggravated assault in Michigan]]> https://www.carljordanlawfirm.com/?p=46869 2026-07-15T16:19:16Z 2026-05-14T18:46:53Z What is aggravated assault in Michigan? Aggravated assault is an assault without a weapon that results in a serious or aggravated injury. This sets it apart from simple assault, which involves an attempt to physically harm someone or placing another person in immediate fear of harm. The critical distinction lies in the severity of the injury the victim suffers. This difference directly affects the charges you face and the potential consequences that follow.

Four factors that make an injury aggravated

Michigan outlines four specific criteria that define a serious or aggravated injury. To elevate a simple assault charge to aggravated assault, the prosecution must prove that the victim experienced at least one of the following:
  • Medical treatment: The victim required immediate medical care following the incident.
  • Disfigurement: The assault caused permanent or visible disfigurement to the victim.
  • Impairment of health: The victim experienced a significant disruption to their physical health.
  • Bodily impairment: The victim lost or severely reduced the use of a body part.
These four elements are what prosecutors rely on to build their case.

When your charge can escalate into a felony

While aggravated assault is already a serious charge, certain circumstances can push it even further. Beyond the four injury factors, additional elements in your case may lead to a felony charge. Here are three ways that can happen:
  • Felonious assault: Using a dangerous weapon, such as a gun, knife or any ordinary object you use as a weapon, carries a penalty of up to four years in prison.
  • Assault with intent to do great bodily harm: If the prosecution proves you intended to severely injure the victim, you could face up to 10 years in prison.
  • Repeat offenses: Prior assault or domestic violence convictions can lead to enhanced sentencing with significantly harsher penalties.
Thus, knowing where your charge stands on this scale is essential. This understanding sets the foundation for the next step you need to take.

You have options to defend yourself

Every assault case is different and the details of your situation matter. Understanding whether your charge involves an aggravated injury, a dangerous weapon or prior offenses helps you see the full picture clearly. The more you understand your situation, the better you can ask the right questions and make decisions that reflect your best interests. You deserve to move forward with clarity, not confusion.]]> On Behalf of Carl Jordan Law Firm <![CDATA[Can following orders land you with an embezzlement charge?]]> https://www.carljordanlawfirm.com/?p=46293 2026-04-29T05:09:01Z 2026-04-21T09:48:00Z You might believe that if you weren't the one pocketing the money, you are legally safe. Perhaps your boss or a board member gave you direct orders and you assume that following them shields you from liability. However, in the eyes of the Department of Justice, following orders is rarely a get-out-of-jail-free card. As a Michigan employee who took part in an embezzlement scheme, you could still face serious criminal charges. To understand why, it helps to look at one defense many people in your position assume will protect them.

Why the duress defense rarely works

Many people facing these charges turn to the duress defense as a way out. Duress usually applies when you commit a crime because you faced an immediate and serious threat of harm. However, it rarely holds up in embezzlement cases. Courts often require proof that the threat posed immediate, unavoidable harm and left you with no reasonable escape. Thus, simply following a superior's directive does not meet that standard. The reason why becomes much clearer when you look at the specific elements that define embezzlement.

Three key elements that work against you

The structure of embezzlement itself makes a duress defense very hard to prove. Three specific elements directly conflict with the claim that you were simply following orders. Each one can carry serious consequences for your case:
  • Breach of fiduciary duty: You held a trusted role with legal access to company assets, which means the court views your involvement as a deliberate choice rather than something a superior forced you into.
  • Intentional conversion: Embezzlement requires that you knowingly redirected assets for personal gain, which directly undermines the argument that you acted against your will.
  • Non-imminent timing: Because embezzlement typically unfolds over time, the court may find that you had opportunities to seek help or remove yourself before completing any part of the crime.
  • Together, these three elements paint a picture of deliberate participation rather than unwilling compliance. With that in mind, knowing where you stand legally is not just helpful. It is essential.

Protect yourself if you’ve been charged

An embezzlement charge can upend your life, especially when you feel you had little control over what happened. The law, however, looks closely at your role, your access and your actions. The sooner you understand how these factors apply to your situation, the better you can protect yourself. No one should have to navigate that process alone and knowing your rights is always the first step toward protecting them.]]> On Behalf of Carl Jordan Law Firm <![CDATA[Self-defense or assault? How Michigan law decides]]> https://www.carljordanlawfirm.com/?p=46288 2026-05-06T05:17:51Z 2026-04-08T12:59:03Z How Michigan law defines self-defense Self-defense depends on specific conditions. Rather than relying on a general sense of fairness, the law applies a structured test to determine whether you acted within legal limits. In that context, the law focuses on several key factors:
  • An immediate threat must exist
  • A reasonable belief of danger must exist
  • You must match your level of force to the threat
  • You must not initiate or escalate the conflict
  • Stand Your Ground must apply within its legal limits
Courts evaluate these factors together rather than in isolation, and they consider how each one interacts with the surrounding circumstances.

When self-defense breaks down

Many people believe their actions clearly qualify as self-defense. In practice, however, specific details can influence how prosecutors and courts evaluate a case and, in turn, lead to charges. Common issues include:
  • Continuing to use force after the threat has ended
  • Introducing a weapon into what began as a non-deadly encounter
  • Escalating a verbal dispute into a physical confrontation
  • Conflicting witness accounts
  • Video footage that contradicts your account
  • Statements at the scene that raise questions about intent
Even when you believe you acted to protect yourself, that belief does not prevent charges. While police officers gather facts at the scene, prosecutors later determine whether your claim holds up based on the available evidence and how those details align or conflict.

What this means for your case

Self-defense claims do not turn on a single detail. Instead, evidence, timelines and witness accounts work together to shape how prosecutors and courts evaluate what happened. As those elements develop and begin to form a coherent account, cases that appear similar at first can lead to very different outcomes. The line between self-defense and assault is not always clear, and Michigan law looks past instinct to focus on whether each legal requirement applies within the full context of the situation. What felt necessary in the moment will later be broken down piece by piece, and that review can reshape how the court interprets the situation and how the case ultimately proceeds.  ]]> On Behalf of Carl Jordan Law Firm <![CDATA[Pretrial Diversion Programs: Not Just for the Rich and Famous]]> https://www.carljordanlawfirm.com/?p=46119 2026-05-04T15:52:59Z 2026-03-25T20:19:18Z Nelly Gets No Jail and Qualifies for Pretrial Diversion When Nelly’s tour bus was pulled over for not having two required stickers while traveling through Tennessee, troopers smelled marijuana and searched the bus for drugs. Nelly, known for his songs “Country Grammar” and “It’s Getting Hot in Here,” was charged with felony possession of drugs, simple possession of marijuana, and possession of drug paraphernalia. Instead of heading to trial, the rapper participated in Tennessee’s pretrial diversion program. He was put on probation and, 11 months later, after staying out of trouble, his record was cleared.

What Are Diversion Agreements and Do They Exist in Michigan?

Michigan courts often have pretrial diversion programs that offer an opportunity to avoid a permanent criminal conviction. Placement in a pretrial diversion program is typically available to first-time offenders who are charged with lower-level, non-violent crimes. Placement is not available for violent crimes and most weapons offenses. In exchange for avoiding a permanent criminal conviction, a criminal defendant completes certain requirements which may include probation, a fine, restitution, and/or public service. Pretrial diversion is based on the theory that many criminal defendants, as well as society, are better served by corrective action rather than incarceration and other harsh penalties. There is a high likelihood that low-level offenders who are imprisoned will have trouble with the law in the future and be incarcerated again.

Programs Vary by County

No statewide pretrial diversion program exists in Michigan. Each county offering the program determines which crimes qualify and other eligibility criteria. A knowledgeable and experienced attorney knows the criteria for each program and who is eligible. When charges make you ineligible, a good criminal defense attorney may be able to negotiate reduced charges that make the criminal defendant eligible for a pretrial diversion program.

A Quality Defense Attorney Makes the Difference

Nelly did not qualify for a pretrial diversion because he was a celebrity. He qualified because he was a first-time offender, there was no victim, and his crime was non-violent. Other factors in his favor may have included:
  • He could afford to pay the assessed fines.
  • He had a stable residence.
  • He had a stable revenue stream (everyday people must have a job).
Can an average, everyday person get a pretrial diversion if their qualifications are like Nelly’s? The answer is no. People who qualify for diversion agreements often end up entering into guilty plea agreements and have a criminal conviction placed on their record. This happens because:
  • Their attorney lacks the knowledge.
  • Their attorney is not committed to going the extra mile and getting the best possible outcome.
A good criminal defense attorney knows who qualifies for diversion agreements. A good criminal defense attorney will negotiate with the prosecutor to protect your future.

Why You Need a Metro Detroit Criminal Defense Attorney

Pretrial diversion programs vary from county to county across the state of Michigan. Only experienced criminal defense attorneys that practice in metropolitan Detroit, MI know what pretrial diversion programs are available in that area.

About Carl Jordan

Attorney Carl Jordan believes that a poor decision shouldn’t ruin your life forever. He understands that your future is at stake. As a result, he passionately fights for each client to obtain the best possible result – which could include a pretrial diversion program in Michigan. If you are facing criminal charges, contact Attorney Jordan at [nap_phone id="LOCAL-CT-NUMBER-1"] for a free consultation. ‍]]> On Behalf of Carl Jordan Law Firm <![CDATA[Avoiding a Criminal Conviction Through a Diversion Program]]> https://www.carljordanlawfirm.com/?p=46116 2026-05-04T15:53:06Z 2026-03-25T20:19:17Z Michigan Diversion Programs The State of Michigan offers diversion programs that allow certain offenders to keep a criminal conviction off their public record. While the conditions of diversion programs vary from court to court, generally, all diversions include fines/costs, probation and community service. There are no diversion programs for most traffic offenses, capital offenses (life-maximum) and serious/violent felonies. Several of Michigan’s diversion programs are listed below. Keep in mind that this is just a small overview of just a handful of the many different diversion programs available. To determine if there are any options available to you, consult with a knowledgeable attorney who has experience in getting clients into diversion programs. Every court and locality offers beneficial programs for certain types of offenders. The state itself doesn’t provide a standard diversion program, so each county has its own criteria to qualify for these programs. Knowledgeable criminal defense attorneys like Attorney Carl Jordan, who is familiar with the current diversionary offerings in Wayne, Oakland or Macomb County, can advise you on whether your legal matter would qualify you to participate.

Holmes Youthful Trainee Act (HYTA)

A diversion program for individuals between the ages of 18–26 who plead guilty to certain charges. Drunk driving and certain other offenses do not qualify. Cases are shielded from public view and dismissed upon successful completion of probation. For more information see: Holmes Youthful Trainee Act (HYTA)

MCL 769.4a DV Domestic Violence Diversion

The Domestic Violence Diversion is for first-time domestic violence offenders. After the individual pleads guilty, he or she is sentenced to probation. After successfully completing the terms of probation, the charges are dismissed.

MCL 333.7411 Drug Crime Diversion

Drug crime diversion only applies to certain drug crimes. If the drug crime you are charged with makes you ineligible for diversion, an experienced criminal defense lawyer may be able to negotiate with the prosecutor to dismiss the original charge and recharge you with an offense where a diversion program would be available. For more information see: Drug Pretrial Diversion

Why a Criminal Defense Attorney Is Needed for Diversion

Only experienced criminal defense attorneys that practice in Wayne, Oakland or Macomb County will know the diversion programs available in that area. If you have recently been charged with criminal conduct, reach out to Attorney Carl Jordan. He can inform you of diversion programs that might be applicable to your situation and ensure you get the most beneficial solution for your legal matter.

Who Is Eligible for a Diversion Program?

There are many diversion programs that exist in Michigan. Without an experienced attorney with years of experience working with diversion programs, you may never know what is available. Prosecutors rarely volunteer this information. Their job is to convict you and quickly move on to their next case. When selecting an attorney to represent you, choose one that has a full understanding of these programs and who has experience in getting their clients into diversion programs.

About Metro Detroit Criminal Defense Attorney Carl Jordan

Carl Jordan believes that one poor decision shouldn’t ruin your life forever. He understands that your future is at stake and passionately advocates for his client’s rights and fights for them to obtain the best possible result – which includes diversion programs, if applicable. Carl Jordan is a former Michigan and Wisconsin assistant prosecutor. He will take the time and expend the effort to negotiate the best possible resolution in every client's case. His comprehensive knowledge allows him to aggressively and effectively fight for you. Call Attorney Jordan at [nap_phone id="LOCAL-CT-NUMBER-1"] for a free consultation and he will find a way to help you.]]> On Behalf of Carl Jordan Law Firm <![CDATA[Drug Pretrial Diversion]]> https://www.carljordanlawfirm.com/?p=46118 2026-05-04T15:53:08Z 2026-03-25T20:19:17Z Discharge and Dismissal of Drug Use or Possession (MCL 333.7411) For first-time offenders, Michigan law (MCL 333.7411) may provide the means to have the case dismissed. Having the case dismissed in this fashion has requirements that mirror probation for drug use or possession. For that reason, Attorney Carl Jordan will always explore opportunities to have the charge dismissed for lack of evidence or violation of constitutional rights. If dismissal outside of MCL 333.7411 is not possible, the statute provides an attractive alternative to a criminal conviction.

What Is a Pretrial Diversion for Drug Use or Possession?

Under Michigan law, a first-time offender who uses or possesses certain illegal drugs may have further proceedings deferred and be placed on probation. Upon fulfillment of the terms and conditions of probation, the court shall discharge the individual and dismiss the proceedings.

Who Qualifies for MCL 333.7411

MCL 333.7411 is available to those charged with:
  • Possession of a controlled substance
  • Use of a controlled substance
  • Use or possession of an imitation controlled substance
MCL 333.7411 is not available to those charged with more serious crimes such as:
  • Drug delivery
  • Possession with intent to deliver a drug
  • Manufacturing a controlled substance

Eligible Felony Drug Charges

Certain felony drug charges are also eligible for treatment under MCL 333.7411, including:
  • Possession of ecstasy
  • Possession of methamphetamine
  • Possession of heroin
  • Possession of LSD
  • Possession of Vicodin, Xanax, Adderall, Percocet, Valium, or Oxycontin
Don’t assume that just because you’ve been charged with a more serious drug offense, the option to take advantage of a 7411 dismissal does not apply to you. It may be possible for your attorney to negotiate a plea deal for a lower charge—one that will be eligible for this reprieve.

Pretrial Diversion Probation

Probation under a diversion agreement usually lasts one year, but the timeline can vary by case.Terms of probation often include:
  • Seeking or maintaining employment
  • Obtaining a GED
  • Participating in rehabilitation or substance abuse treatment
  • Taking random or regular drug tests
  • Receiving mental health treatment

Completion of Probation

Upon completing the requirements of the pretrial diversion probation, the defendant may have to appear in court for verification that they have not picked up any new charges. When the case is dismissed, there will be no public record—but it’s not entirely gone. Law enforcement and courts will still be able to see the case.

You Need an Experienced Criminal Defense Attorney

In Michigan, even low-level drug convictions can result in harsh sentences. A drug conviction on your record closes many doors. Fines, community service, monitoring, and other penalties can make it difficult to recover. If you or someone you love is facing charges for a crime involving drugs, know your options and your rights. The legal action you take now will have a long-term impact on your future.

About Carl Jordan

Carl Jordan has a strong record of success in the courts of Oakland, Wayne, and Macomb counties. Limiting his practice to a focused geographical area allows him to be familiar with judges and prosecutors and understand their tactics. He pursues every reasonable option, tactic, and technique to help clients avoid convictions and jail time—and will find a way to help you. Attorney Carl Jordan is knowledgeable about pretrial diversions and has been successful in obtaining diversion agreements. He believes that a poor decision shouldn’t ruin your life and passionately fights for each client. If you are facing drug use or possession charges, call Attorney Jordan at [nap_phone id="LOCAL-CT-NUMBER-1"] for a free consultation.]]> On Behalf of Carl Jordan Law Firm <![CDATA[How to Get Your CCW Charges Dismissed]]> https://www.carljordanlawfirm.com/?p=46117 2026-05-04T15:54:10Z 2026-03-25T20:19:17Z 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.

Examples of Obtaining Evidence Unlawfully

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 does not’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.

Defenses Used to Suppress Evidence

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 were not 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 were not 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.

Some Examples of Best Outcomes for a CCW Charge

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 [nap_phone id="LOCAL-CT-NUMBER-1"] for a free consultation.]]>