Attorney Craig McAra, who represents McMorris in the criminal and civil cases, said the criminal charges came just days after the officer who conducted the stop was deposed in the civil case.

"I was very disappointed they charged it," McAra said.

McAra said his client will now be forced to challenge the criminal charges and potentially become a convicted felon, or try to reach a plea agreement and be forced to give up the lawsuit.

Federal court procedure typically puts a lawsuit on hold if criminal charges are filed in relation to the same incident, McAra said. He added the wrongful arrest lawsuit will be automatically dismissed if McMorris is convicted of any criminal charge related to the stop -- even if the conviction comes through a plea agreement.

Attorney G. Gus Morris, who represents Flint Township police, said the criminal charges were not filed against McMorris in retaliation for his lawsuit.

"The prosecutor's office never had the additional information," Morris said.

Morris added that he believes McMorris' arrest was legal.

McAra said McMorris was carrying the gun for personal protection.

The officer was traveling northbound on Torrey Road in a marked police cruiser when he spotted McMorris, according to the lawsuit. The officer pulled his vehicle onto the shoulder of the road and activated his vehicle's emergency lights.

McMorris claims that he immediately turned to face the cruiser and raised his hands into the air to ensure that the officer could see the firearm.

The police department, in a response to the allegations filed by Morris, claims that the gun was illegally concealed under his coat prior to McMorris raising his arms.

A police dashcam recorded the stop and arrest. McMorris can be seen stopping when the police car lights activated and puts his hands over his head. The gun is visible on his right hip.

The officer removes the gun from its holster and has McMorris place his hands on the front of the police car.

The township's attorney has defended the stop, saying the officer passed McMorris about 15 minutes prior to the meeting on his way to another call. Morris said the officer flashed his bright lights at McMorris and could clearly see his right side but did not observe any gun.

The video shows the officer telling McMorris when he passed him previously he could not see the gun and it must have been covered by his coat.

"I didn't know the front of my coat was covering it, sir," McMorris could be heard saying on the video. "I'm very sorry."

The first time the officer passed McMorris was not included on the dashcam recording of the stop.

McMorris was then booked into the Genesee County Jail on allegations of carrying a concealed firearm without a permit. McMorris claims that he was lodged at the jail until Dec. 26 -- forcing him to miss the Christmas Holiday -- until he was released without any charges filed.

McAra said a warrant was issued for McMorris in July after prosecutors filed charges. He was taken into custody earlier this month after being stopped for a defective taillight.

McMorris was arraigned on the charge Sept. 5 and released from jail on a personal recognizance bond. He is scheduled to be back in court Sept. 30 for a preliminary exam.