- In the matter of the Welfare of…(2019)
Petition for Child in Need of Protective Services (CHIPS) Dismissed
- C.C. vs. R.M. (2019)
3 of 3 files Dismissed – Client was charged with crimes in three separate files: Small amount of marijuana in a motor vehicle, Social Host, and Driving after Suspension. The Social Host charge was dismissed upon filing of a motion to dismiss for lack of probable cause. Kuettner Legal first made a motion to reopen the Small amount of marijuana in a motor vehicle file because client had been administratively convicted upon failure to appear or request a hearing within 30 days. The Court was willing to consider whether the client should have been charged at all as he was neither the driver nor the owner of the motor vehicle. The State ultimately agreed to a Stay of Adjudication on both files, so that both matters will be dismissed after a period of one year with no criminal violation.
- C.C. vs. R.M. (2019)
Harassment allegations dismissed – Client (Respondent) was alleged to have harassed the Petitioning party. Petitioner was requesting a restraining order against Respondent as a result. In a contested hearing regarding the allegations, Attorney James Kuettner called into question the credibility of the other party. As a result, the Court denied the request for harassment restraining order and the matter against our client was dismissed.
- State vs. H.D. (2019)
Stay of Adjudication – No felony conviction – Client was charged with a Felony level violation of receiving government assistance. Through negotiations with the prosecuting attorneys office, client entered a plea agreement wherein the felony would remain off client’s criminal record so long as probation was completed successfully. Client was able to maintain his employment by avoiding a conviction.
- State vs. B.W. (2019)
Stay of Adjudication – Harassment Restraining Order Violation – Client was charged with violating a harassment restraining order. Meanwhile, the Petitioning party filed for an extension of the existing restraining order. Client entered an agreement avoiding a conviction in the criminal file. Subsequently, at a hearing contesting the request to extend the restraining order another two years, the Court denied the request and decided in favor of our client.
- State vs. G.N. (2019)
Multiple Charges Dismissed – Client was Disorderly Conduct – Brawling/Fighting, Disruptive Intoxication, Obstruction of Legal Process, and Fleeing a Police Officer on Foot. Following a contested hearing wherein Attorney James Kuettner cross examined the witnesses and submitted a legal memorandum arguing that the charges be dismissed, the County Attorney agreed as to Count II, and the Court dismissed the Obstruction Charge. The charges of Disorderly Conduct and Disruptive Intoxication were dismissed by way of a plea agreement, and client was ultimately convicted of a misdemeanor charge of Fleeing a Police Officer on Foot, with a $300 fine, and no probation.
- State vs. J.S. (2019)
Felony Level Assault Charge Reduced to Disorderly Conduct – Client was charged with two counts of 2nd Degree Felony Asault with a Dangerous Weapon and Terroristic Threats. Through further investigation by Kuettner Legal PLLC, the credibility of the witnesses were called into question. Consequently, through negotiations with the prosecuting attorney’s office, all felony level assault and terroristic threats charges were dismissed. Client pleaded guilty to a misdemeanor level Disorderly Conduct and was placed on unsupervised probation for up to 12 months.
- F.W. vs. Commissioner of Public Safety (2019)
5 Year Ignition Interlock Sanction Dismissed – Client was alleged to have violated the conditions of the State’s Ignition Interlock Program Guidelines. Consequently, client’s license was cancelled and the State ordered client to complete an additional 6 years in the program, resulting in potentially $1000s in additional ignition interlock related expenses for our client. Kuettner Legal PLLC filed a petition in District Court requesting review of the State’s decision to cancel the license. We conducted witness interviews, prepared witness affidavits for the Court’s review, and called the witnesses to testify to their knowledge that Petitioner was not responsible for any alleged violations of the interlock program. The Judge commented in his order to dismiss that never in his time on the bench had he heard more compelling testimony. The Court Ordered the State to reinstate our client’s license. Client is now operating on a fully valid license with no restrictions.
- State vs. T.S. (2019)
Felony Theft charge Reduced to Misdemeanor for Out of State Client – Client was charged with Felony Theft in 2006, but had since moved out of state and was not aware of the charges or the pending arrest warrant until it resurfaced in the process of applying for a U.S. Passport. The outstanding court matter was preventing the issuance of a U.S. Passport. Through negotiations with the prosecuting attorney’s office, client was able to plead guilty to a reduced charge. Client pleaded by mail to a misdemeanor level theft upon payment of restitution, with no probation.
- State vs. D.J. (2019)
4th Lifetime DWI; no jail – Client was alleged to have committed DWI, in the 2nd Degree (with two aggravating factors: one prior DWI conviction in 10 years and a blood alcohol concentration (BAC) twice the legal limit). It was client’s 4th lifetime DWI charge. The case was settled as a misdemeanor, with no jail, and one year probation.
- State vs. C.D. (2018)
Domestic Assault Charge Dismissed – Client was charged with two counts of Domestic Assault, Disorderly Conduct, and Damage to Property, after he called to report being domestically assaulted by his former girlfriend. Attorney James Kuettner obtained a full dismissal of the charges prior to the jury trial, as the State’s attorney conceded that it did not have sufficient proof to obtain a conviction.
- State vs. M.H. (2018)
Criminal Charge of Disorderly Conduct Dismissed – Client was charged with Disorderly Conduct because he was alleged to be “verbally defiant” with law enforcement. As an international student, client was facing potential consequences as it related to his education and residency, in addition to a potential criminal record. Attorney James Kuettner argued that client’s due process rights had been violated. The State in turn agreed to dismiss the charge due to “insufficient evidence to proceed to trial.”
- B.M. vs. F.M. (2018)
Harassment Restraining Order Dismissed – Attorney James Kuettner represented Respondent in a hearing held to contest a petition for Harassment Restraining Order (HRO). Respondent was requesting that the HRO be issued for 20 years, as a previous HRO had been in place. In light of the testimony taken at the contested hearing, the Court dismissed the Petition deciding in favor of our client. In other words, no restraining order was issued.
- State vs. B.J. (2018)
Felony Burglary Charge Dismissed – Client was charged with felony burglary for allegedly entering a house that he had formerly lived at, with his former partner. He maintained property at the home. Attorney James Kuettner contested the felony burglary charge in a hearing where both client and his former partner were called to testify. We submitted our legal argument to the judge as to our client’s continued ownership interest in the home. The Court subsequently dismissed the felony charge.
- S.S. vs. H.M. (2018)
Harassment Restraining Order Dismissed – We requested that a hearing be held in response to a petition for a Harassment Restraining Order (HRO). The petition contained false and malicious allegations made by the Petitioner about our client (Respondent). At the hearing, Attorney James Kuettner called witnesses to refute the allegations of stalking and harassing behavior. Upon cross examination of the Petitioner, Attorney James Kuettner pointed out inaccuracies in Petitioner’s testimony. The court decided in favor of our client and the petition was dismissed for lack of evidence.
- State vs. B.K. (2018)
Criminal Vehicular Operation Charge Dismissed – Client was charged with Criminal Vehicular Operation (CVO) and gross misdemeanor DWI/DUI. At a contested pretrial hearing, Attorney James Kuettner successfully argued for suppression of the blood test result. The prosecutor subsequently settled for dismissal of the CVO charge, and a plea to misdemeanor DWI, no jail, one year probation.
- L.S. vs. A.J. (2018)
Harassment Restraining Order Dismissed – Kuettner Legal PLLC requested a hearing in response to a petition for a Harassment Restraining Order (HRO), wherein Attorney James Kuettner called witnesses to refute the allegations of stalking and harassing behavior, the court decided in favor of our client and the petition was dismissed for lack of evidence.
- M.K vs. $13,000 (2017)
$13,000 seized and returned – Client was pulled over and cited for small amount of marijuana. $13,000 was seized by law enforcement in connection with the stop. Attorney James Kuettner argued that there was no legal basis for the seizure. After persistent demands, law enforcement returned the money to the client without the need for a hearing.
- State vs. E.J. (2017)
Domestic Assault Charges Dismissed – Client was charged with Domestic
Assault. The charges were dismissed by way of an agreement that client
remain law abiding. No jail. No fine. No conviction.
- State vs. G.J. (2017)
Domestic Assault Charge Dismissed – Client was charged with two counts of Domestic Assault and Obstructing Legal Process. The Domestic Assault charges were dismissed. Client pleaded guilty to Obstruction. No jail. No fine.
- State vs. H.E. (2017)
Felony Criminal Vehicular Homicide (CVO) Charges Dismissed – Client was charged with CVO (a felony), for causing an accident resulting in severe injury to another party. Attorney James Kuettner argued that client’s actions did not amount to gross negligence. The Court dismissed the felony CVO charge. Client pleaded guilty a petty misdemeanor Careless Driving, paid a fine, no probation.
- State vs. G.V. (2017)
Case Dismissed – Client was charged with 2nd Degree DWI. The motor vehicle was seized by law enforcement as a result. Attorney James Kuettner argued at a contested omnibus hearing that the State could not use a prior conviction as an aggravating factor. The Court dismissed the charges. The motor vehicle was returned.
- State vs. D.C. (2017)
DWI reduced to Careless Driving – Client was charged with 4th Degree DWI with an alcohol concentration of .15. Kuettner Legal PLLC negotiated a plea to a Careless Driving. The DWI charge was dismissed.
- State vs. A.A. (2017)
Felony drugs charges dismissed.
- State vs. S.G. (2017)
Case Dismissed – Client was charged with Driving After Revocation (the second offense in one year) and facing a 90 day driver’s license revocation if convicted. Attorney James Kuettner negotiated that the case be dismissed after a one year probationary period. Client was not convicted, paid no fine, and was not subject to the significant expense of increased risk insurance.
- State vs. L.K. (2017)
DWI Dismissed – Client was charged with Underage Drink and Drive. Kuettner Legal convinced the State to dismiss the charges for lack of probable cause, without a court hearing.
- F.W. vs. Commissioner of Public Safety (2017)
Driver’s License Reinstated – Client was accused of violating the State’s ignition interlock requirements and was dropped from the program after 5 years of successful participation (with only one year remaining). The State cancelled client’s license and required client to reapply for the program, and attend a relapse treatment program. Attorney James Kuettner contested the State’s decision in a judicial review hearing. We called an expert to testify, on the client’s behalf, arguing that the ignition interlock device had registered a false positive. The Court agreed and reversed the State’s decision.
- State vs. R.P. (2017)
Client was charged with the fifth lifetime DWI. The motor vehicle was seized by law enforcement, with an intent to forfeit. Attorney James Kuettner negotiated a return of the motor vehicle, and no jail in exchange for successful participation in the State’s ignition interlock program.
- State vs. W. J. (2017)
4th Degree DWI charge reduced to a Careless Driving.
- State vs. A.A. (2017)
Client was charged with 2nd Degree DWI. The vehicle was seized by law enforcement in a forfeiture action. Client plead guilty to a reduced charge with no jail (on a third DWI within 10 years). The vehicle was returned to client, upon an agreement for successful participation in the State’s ignition interlock program.
- State vs. F.D. (2017)
3rd Degree DWI charge dismissed by Order of the Court based on our argument that the officer lacked articulable suspicion to conduct a stop of the motor vehicle.
- State vs. F.T. (2017)
5th Degree Assault charge dismissed.
- State vs. W. J. (2016)
Client was charged with felony First Degree Burglary, misdemeanor Trespass and Theft. Defense, by showing other contributing factors, was able to procure a continuance for dismissal. With conditions, including voluntary acceptance of appropriate medical care, client avoids conviction and keeps record clean.
We presented a M’Naghten defense, that is, not guilty by reason of mental illness. Competence was first examined, and medical treatment of schizophrenia proved successful.
- In the Matter of the Welfare of S. T. (2016)
At the age of seventeen client was convicted of felony Terroristic Threats and Fifth Degree Assault. Working with client, now as an adult, we were able to successfully show the court that client was deserving of expungement of his juvenile record. Prior to expungement, client met with challenges in different arenas of his life. Removal of this record will enable client to avoid these challenges and to succeed professionally.
- State vs. S. E. (2016)
Client was charged with felony 5th Degree Sale and 5th Degree Possession of Marijuana. Through case negotiations, we were able to get a dismissal of the sale charge and a stay of adjudication of the possession charge. Client served two days of jail and sentence to serve, but is now able to get a dismissal of the possession charge, once probation is completed. His record will remain clean.
- State vs. R. B. (2016)
Client was charged with felony Aggravated Forgery and gross misdemeanor Giving Peace Officer False Name of Another Person. We argued the scope of search exceeded powers granted to police. We were able to procure a dismissal of both charges. This protected client’s ability to pursue a change in his immigration status.
- State vs. F. J. (2016)
Client was charged with felony 5th Degree Possession Schedule 1, not small amount of marijuana. By arguing the existence of faulty probable cause, we were able to get a stay of adjudication for client. Upon successful completion of probationary period, the charge will be dismissed from his record.
- State vs. S. E. (2016)
Client was charged with five counts of felony Possession of Firearm by one convicted or adjudicated delinquent for crime of violence, calling for mandatory prison sentence. Through our investigation, legal research, and continued negotiation, we were able to garner dismissals of four of the five counts, and a stay of adjudication on the fifth. Client was thus able to avoid jail time and keep this charge off of his record.
- State vs. M. L. (2016)
Client was charged with felony Cruelty to Animals. Through case investigation, we were able to show sufficient basis for a dismissal of charges. Client’s record was kept clean.
- In the Matter of the Welfare of K. C. (2016)
Client was charged with felony First Degree Damage to Property and felony Dangerous Weapon, Reckless Discharge. Client successfully completed reparations and demonstrated through personal accountability and actions to garner a Continuance for Dismissal to maintain a clean record.
- State v. E.C. (2016)
Client was charged with DWI, a first time offense. We conducted a contested evidentiary hearing on our motions to dismiss and suppress. The Court ordered suppression of the urine test result and dismissed the charge of operating a motor vehicle with an alcohol concentration over .08, on the basis that the client did not voluntarily consent to the test. Client pleaded guilty to a reduced charge of Careless Driving. The DWI was dismissed. The implied consent license revocation was also reversed, by Order of the Court, and client was eligible for a refund of the $680 driver’s license reinstatement fee.
- State v. H.T. (2016)
Client was accused of having fallen asleep at a stop light, and charged with DWI after providing a positive blood test showing the presence of a controlled substance in his body. We argued that because the implied consent statute was invoked, it should be followed. Because the implied consent statute prevents a test from being taken if a person refuses, when the officer also obtained a search warrant, the officer denied our client his right to refuse. The matter did not require a litigated pretrial hearing. We negotiated a plea to a Careless Driving. The DWI was dismissed. Client maintained a valid license, as there was no DWI conviction or implied consent license revocation.
- State v. N.D. (2016)
Client pleaded guilty by default to No Insurance and Failure to Transfer Title for the motor vehicle. Without fully knowing, he paid the fines when he was arrested on a warrant that he did not know existed. As a result of the conviction, client found it nearly impossible to find insurance. By way of a motion and proposed order for the Court and Prosecutor’s review and approval, our team was able to achieve an agreement to Vacate the Conviction and enter a stay of adjudication. The Court approved, and the conviction was removed from client’s record, without the need for a single court appearance.
- State v. F.L. (2016)
Client was charged with 3rd Degree DWI, a Gross Misdemeanor (with 3 prior DWIs on record, all outside of 10 years). The test result obtained was greater than .20. The motor vehicle (a snow mobile) was subject to forfeiture, based on client’s cancelled license status. However, it was determined that a person cannot be charged with Driving After Cancellation/Inimical to Public Safety (DAC/IPS) for driving a motor vehicle that does not require a driver’s license to operate. Consequently, the DAC/IPS charge was dismissed, the vehicle was returned to client free and clear, and the DWI was negotiated down to a misdemeanor, with no jail.
- State v. J.G. (2016)
1st Degree Drug Charges Reduced, no adjudication of guilt – Client was charged with four counts of 1st Degree Drug Sales and Possession. Our criminal defense attorneys negotiated a settlement for a Discharge and Dismissal on an amended charge of 5thDegree Aiding and Abetting Drug Possession. In other words, the court did not accept the plea of guilty, and there is no criminal conviction. Upon successful completion of probation, the matter will be dismissed, and client’s record will remain clear.
- State v. B.J. (2016)
Gross misdemeanor dismissed – charge reduced, no probation. Client was charged with Gross Misdemeanor Violation of Restricted License. We negotiated for the charge to be reduced to a petty misdemeanor (“not a crime” and no probation). The client paid a minimal fine and the matter was resolved.
- State v. S.A. (2016)
DWI Dismissed – Stay of Adjudication on Careless Driving – Client was charged with 4th Degree DWI. We negotiated a Stay of Adjudication on a Careless Driving. In other words, the conviction was not reported for insurance purposes. Consequently, client was saved from paying significant insurance costs. The DWI was dismissed.
- State v. R.S. (2016)
Multiple Assault Charges Dismissed – Client was charged with two counts of Domestic Assault, as well as felony level charges of 2nd Degree Assault and Terroristic Threats. Our attorneys were able to negotiate a reduced charge of Disorderly Conduct. All assault charges were dismissed. Client was placed on minimal, unsupervised probation, for one year.
- State v. W.D. (2016)
No Jail on 3rd DWI – Clients plea to 2nd Degree DWI (third in lifetime), required his successful participation in the Veterans Court program (a structured program involving bi-monthly court appearances, aimed at helping Veterans meet their probationary obligations, including mental health and chemical dependency treatment). The Prosecuting Attorney wanted client to serve jail time, as the standard sentence in the county for this type of case is normally 45 days. We argued for no jail, over the Prosecutor’s objection. The Judge continued the sentencing hearing for three months, and based on client’s significant progress, decided that client would serve no jail time, as long as he remained successful on probation.
- State v. S.T. (2016)
DWI Reduced to Careless Driving, No Drivers License Loss – Client was charged with DWI, alleging a combination of alcohol and marijuana in his system. After thorough review, the case was negotiated to a Careless Driving. As a result, there was no revocation of client’s driver’s license.
- State v. M.J. (2016)
No Jail on 3rd DWI in 1 Year – Client was charged with a third DWI in a 12 month period. The prosecuting attorney wanted client to do 30 days jail, and an additional 60 days subject to EHM (Electric Home Monitoring) over the course of probation. The cost of EHM is a severe financial burden. Client is already required by the State of Minnesota to complete 3 years of the ignition interlock program, in order to get his license back. We argued for ignition interlock instead of jail, or EHM. The prosecutor was insisting that client do some jail time. The judge ordered no executed jail, and waived the EHM requirement, in lieu of ignition interlock. In the process, we saved client hundreds of dollars in monitoring costs.
- State v. F.A. (2016)
Driver’s License Revocation Administratively Reversed – Client was sanctioned for failing to have his ignition interlock device calibrated, while in jail, without work release. The State intended to extend his ignition interlock participation by 6 months, for the alleged violation. We requested administrative review from the Department of Vehicle Services. The department declined to admit error, and upheld the revocation. Consequently, we petitioned to the district court and requested a hearing before a judge, so that the Court could hear testimony from our client regarding his case. Ultimately, short of having a litigated the hearing, based on a review of the file by the State’s attorney, the Attorney’s General office agreed to rescind the revocation, and immediately reinstate client’s driver’s license.
- State v. R.R. (2015)
DWI Charge Reduced to Careless Driving – Client was charged with misdemeanor DWI, but should have been charged with Gross misdemeanor DWI, due to a prior conviction within 10 years. The prosecuting attorney threatened to amend the charge to a Gross misdemeanor (with jail time as a potential), if the client did not plead to the misdemeanor DWI outright. We brought pretrial hearing motions to dismiss and suppress. On the day of the contested hearing, through continued discussion of our legal issues and arguments, the prosecuting attorney capitulated to our continued request for a Careless Driving. Client was placed on unsupervised probation for one year, with no executed jail time.
- State v. H.T. (2015)
Underage Drinking and Driving Charge Dismissed – Our client, a prospective medical school student, was arrested for misdemeanor Underage Drinking and Driving, which requires a 30 day driver’s license revocation, if convicted. We negotiated the charge down to an Underage Consumption, without any element of driving. As a result, the client was able to maintain a valid driver’s license. The matter was deemed a petty misdemeanor, which is not considered a crime in Minnesota. Client was able to have the matter resolved with a $100 fine, plus fees, without ever stepping foot in the courtroom. The original Underage Drinking and Driving charge was eliminated from the official public court record, preserving future job opportunities
- State v. G.N. (2015)
Felony Drug Possession Charge Dismissed – Client was originally charged with felony possession of Black Tar Heroin, based on a false positive in a field test conducted by the arresting officer. The substance was later tested in a lab and identified as a wax oil containing Tetrahydrocannabinols (THC), commonly called marijuana dabs, or wax. The State amended the Complaint to reflect Possession of THC, a felony. We argued the proper charge is a Petty Misdemeanor, under the exception for possession of a small amount of marijuana (up to 42.5 grams). Through discussions with scientists from the State crime lab, as well as negotiations with the prosecutor, we convinced the State that it could not prove that the substance was not a small amount of marijuana. The prosecuting attorney again amended the charged to a petty misdemeanor, as we requested. Our client paid a small fine, and avoided a felony record.
- State vs. R.L. (2015)
DWI Reduced to Careless Driving – Client was charged with 4th Degree DWI. It was reduced to a Careless Driving with a $50 fine, plus conditions. No loss of drivers license, no reinstatement fee required. No implications on CDL and no jail imposed on our client.
- State vs. W.K. (2015)
Order for Protection (OFP) Resolved by Mututal Agreement – By formal agreement and a contract executed between the parties, the Order for Protection (OFP) matter was resolved, without findings, and without requiring the necessity of a formal court hearing.
- State vs. A.C. (2015)
Acquittal by Jury of Indecent Exposure Charge – Client was charged with Indecent Exposure. Attorney Elizabeth Levine tried the case, which resulted in not guilty verdict. The charge had significant ramifications, because the label of the crime, Indecent Exposure, would brand the client for life. We presented video tape footage to the Jury, and persuaded the Jury that the State’s main witness was unreliable. The State lacked any evidence of their claimed misconduct and the Jury acquitted our client of all charges.
- State vs. S.A. (2015)
DWI Charge Dismissed – Client was charged with 4th Degree DWI, a Misdemeanor. As a CDL holder, he faced the loss of his job, should he end up with a DWI conviction on his record. We negotiated a settlement wherein the DWI was dismissed, and client pleaded guilty to a reduced charge of Careless Driving. As a result, client returned to his employment.
- State vs. J.C. (2015)
No Conviction in Juvenile 1st Degree Felony Sexual Misconduct Charge – Client, a juvenile, was charged with felony First Degree Criminal Sexual Conduct. Taking the long-view, through working with county services, probation, therapists, and other agencies, case resulted in a statutory stay of adjudication. Through due diligence, we were able to show the court the benefits of keeping a conviction off of client’s record. A conviction would have required predatory offender registration, marking this juvenile for life.
- State vs. S.A. (2015)
No Conviction on Theft Charge – Client was charged with shoplifting, a misdemeanor. Our greatest pleasure, whether a small or big case, comes when we’re able to keep a conviction off a client’s record. We entered a diversion agreement with the State, which will allow client’s record to be expunged of this charge, and keep client’s record clean.
- State vs. H.A. (2015)
Felony Assaut Charges Dismissed – Client was charged with 3rd and 5th Degree Assault, felony and misdemeanor charges. We challenged on the issue of lack of speedy trial. The State had earlier brought and dismissed charges, and waited over a year to re-file more serious charges. And, by defending on issues of self-defense, together with client’s willingness to stand up to the State, we succeeded in getting the case dismissed.
- State vs. L.K. (2015)
Felony Drug Charge Dismissed – Client was charged with felony 5th Degree Possession, Underage Drinking and Driving, and Driving without Proof of Insurance. We challenged the felony possession charge and insisted on BCA testing of the evidence. The resulting analysis allowed us to challenge definitions of the controlled substance in question, and thereby obtain a dismissal of the felony charges, altogether.
- State vs B.A. (2014)
Obstucting Legal Process Charge Dismissed – Client was charged with the crime of Obstructing Legal Process, based on his refusal to provide a middle name to a police officer, when performing a follow-up interview of client’s eye-witness report of a suspected burglary. By highlighting relevant case law concerning a person’s right to withhold personal information from a police officer, and by emphasizing the absurdity of punishing a citizen who is attempting to prevent a crime, we achieved a total dismissal of the charge, preserving our client’s untarnished record.
- State vs P.J. (2014)
Client was charged with Driving After Cancellation/Inimical to Public Safety. Through our case investigation and negotiations, we were able to illustrate the State’s taking of client’s driving privileges as arbitrary. Client received a dismissal of the charge. Client was further able to maintain his participation with the State’s Ignition Interlock program, virtually uninterrupted, and was able to avoid two potentially very serious probation violations.
- State vs B.P. (2014)
Attorney Elizabeth Levine negotiated a 4th Degree DWI (.15 BAC) down to a Careless Driving, due to circumstances and conditions deemed in a measure mitigating for the Prosecuting Attorney and Court. A negotiated settlement helped to preserve our client’s future goals, including significant employment options.
- State vs F.L. (2014)
We were able to protect client’s stay of adjudication even after a probation violation on conditions from charges of Assault, Underage Consumption, and Disorderly Conduct. Working with client, probation, and the court, client retained a clean record.
- State vs F.C. (2014)
No Conviction on Felony Drug Charge – Client was charged with two counts of felony Drugs Sale and one count of felony Drug Possession. Through investigation and significant negotiations with the County Attorney, we were able to get dismissals on both Sales counts, and a Discharge and Dismissal on the possession charge, thereby keeping our client’s record clean.
- State vs B.B. (2014)
Felony Drug Charges Dismissed – Client was charged with two felony counts on Drug Sale and Possession. Through case investigation by our law firm, as well as legal challenges to the State’s case, we were able to attain a dismissal of both counts.
- State vs L.T. (2014)
Client was charged with Driving After Cancellation/Inimical to Public Safety (DAC/IPS). Client was on Probation to two counties for DWI and DAC/IPS convictions within the last two years. He was potentially facing significant jail time, should he be convicted, in addition to the forfeiture of his motor vehicle. We demanded a Jury Trial and prepared for trial. Consequently, despite client’s prior convictions, the Prosecutor agreed to Continuance for Dismissal. Our client did not have to plead guilty to the charge. He agreed to pay the prosecution and court costs. There was no conviction, so there were no probation violations.
- State vs A.T. (2014)
A 911 call was made reporting that client had been involved in a “hit and run” accident. Client was identified and later arrested for DWI, providing a .15 blood test, within two hours of the time of driving. We raised a Post Consumption defense based on client’s report that she had consumed alcohol after driving, and prior to her arrest. We took the State to Trial. The Jury found the defendant not guilty on both Counts of DWI.
- State vs O.T. (2014)
No Conviction for Small Amount Possession Charge – Client was charged with Possession of Marijuana in a Motor Vehicle. He faced a 30 day drivers license revocation and permanent mark of “Sale or Possession of Controlled Substance” on his driving record, if convicted. He had no criminal history, and wanted to maintain that record. He further faced potential sanctions to be imposed by his university. We negotiated a Stay of Adjudication, so that there was no conviction, preserving his eligibility to receive financial student aid, and maintaining a clean criminal record, as well as a clean driving record. He also kept his drivers license.
- State vs M.J. (2014)
Felony Fleeing in a Motor Vehicle Charge Dismissed – Client was charged with Felony Fleeing a Police Officer in a Motor Vehicle, and DWI. His vehicle, valuing above $10,000 was seized upon arrest. We negotiated a stay of adjudication on the Felony Fleeing charge. The motor vehicle was returned to the client, with zero costs for towing or storage. Also, the DWI charge was amended to a Careless Driving. Client was to serve up to one year probation, and no time in jail. There were no immigration consequences as a result.
- State vs. K.K. (2014)
Felony Drug Charge Dismissed – Client was charged with 4th and 5th Degree Sales of a Controlled Substance and 5th Degree Possession of a Controlled Substance, all felonies. At the evidentiary hearing, Defense presented evidence that the search was likely illegal and that the State could not prove that the Defendant had intent to manufacture or sell any illegal substances. Client had an inside nursery that was not functioning. The Defense Counsel and the State wrote arguments to the Court. The Court concluded that the State lacked probable cause to charge our client. All charges were dismissed. Conclusion: possession of only 14 grams of an illegal substance, and merely possessing grow equipment, did not support probable cause to charge felony Sale of a Controlled Substance.
- State vs G.A. (2013)
Stay of Adjudication on Subsequent Felony Drug Charge – Client received a Stay of Adjudication for felony drug charges, on a second time around, due to the unique circumstances of his file. A Stay of Adjudication is not normally allowed for a person’s second time being charged with a felony level drug offense. Both cases involved felonies.
- State vs P.S. (2013)
Domestic Assault Charge Dismissed – We moved the Court to dismiss a Domestic Assault on the basis that there was no probable cause for the charge. In careful analysis, the Court agreed. The record established that client “pushed” the alleged victim in such a manner that she did not fall, nor sustain bodily injury. Following the “push,” the alleged victim did not appear upset. The Court went on to state, “Without knowing more about the circumstances surrounding Defendant’s physical contact with (alleged victim), the Court is left to speculate that the contact may have been wholly incidental and inoffensive.” Therefore, the Court concluded that there was insufficient evidence to establish that defendant intended to cause (to the alleged victim) fear of immediate bodily harm or death by the “push.”
- State vs B.D. (2013)
Terroristic Threats dismissed, No Conviction on Assault – Client was charged with second degree assault for brandishing a knife in front of a group of people. Client was also charged with Felony Terroristic Threats. The Terroristic Threat charge was dismissed. The client received a stay of adjudication on the assault on the second degree, with no executed jail time. He committed significant efforts in changing his life for the better, and in demonstrating his willingness to be law abiding and to be a positive role model in our community, which helped toward the sucessful resolution of the criminal case..
- State vs S.E. (2013)
Rape Allegation Dismissed – An Order For Protection (OFP) action was brought against our client, alleging rape. The case was dismissed by agreement of the parties, no OFP issued.
- State vs S.M. (2013)
Order for Protection (OFP) Violation Reduced, Charges Dismissed – Client was charged with three separate complaints of Order For Protection (OFP) Violation. Client faced the threat of increased penalties due to the multiple violations. Client pleaded to one misdemeanor charge of OFP Violation, with the other two charges being dismissed. There was no executed jail time.
- State vs Z.N. (2013)
Domestic Assault Charge Dismissed – Client was charged with Domestic Assault and 911 Call Interference. The State accused our client, of assaulting his roommate, and interfering with an emergency call to 911. We negotiated with the prosecutor, arguing that the State’s witness was not reliable, and had falsely accused our client. We tendered an Alford Plea, getting client a stay of adjudication on the 911 Interference charge and dismissal of the assault charge. Client thus was not convicted, avoided jail time, and kept his record free of these charges.
- State vs B.A. (2013)
Driving After Cancellation/Stay of Adjudication – Client was charged with Driving After Cancellation/Inimical to Public Safety (DAC/IPS), violation of the State’s Ignition Interlock requirements, and Failure to Comply with License Plate Impoundment Order. A settlement agreement had been reached between the parties, involving a plea to the DAC/IPS and dismissal of the other charges. However, at the Plea/Sentencing hearing, after having heard our attorney’s sentencing argument made on behalf of the client, the prosecutor amended his original recommendation, and encouraged the Court’s consideration of a stay of adjudication. As a result, client was able to keep the gross misdemeanor charge off his record, while also maintaining his driving record and driving privileges.
- R. vs Commissioner of Public Safety (2013)
Order for “Whiskey Plates” Reversed – Client was charged with the State’s notice of intent to impound the license plates on any and all motor vehicles owned solely, or jointly, by client, including the vehicle driven by his wife. We requested an administrative review of the State’s intent to impound his wife’s license plates, and won, on the basis that the title had been transferred solely to the wife, after the date of the alleged incident, but prior to the effective period of the plate impoundment order. As such, we were successful in convincing the State to amend its own order, while saving our client the hardship of timely and costly court appearances and other court fees.
- State vs T.G.(2013)
Domestic Assault Charges Dismissed – Client was charged with Domestic Assault and Criminal Damage to Property. After thorough review by our law firm, it was determined that there was virtually no police investigation to determine the truthfulness of the allegations made in the case. We found that the allegations were not made in truth, but rather as a play for power in an ongoing divorce/custody dispute. The charges of Domestic Assault were dismissed entirely. Client tendered an Alford Plea with a Stay of Adjudication on the Criminal Damage, maintaining his innocence.
- State vs H.Z. (2013)
Felony Theft Charge Dismissed – Client was charged with two counts of Theft and three counts of Burglary. Working with the prosecution, our client, pleaded guilty to one count of Receiving Stolen Property. All other charges were dismissed. Restitution was negotiated and ordered.
- State vs S.D. (2013)
OFP (Order for Protection) Petition Dismissed – A Petition seeking an Order for Protection (OFP) was filed against our client, alleging physical harm to a minor. Through investigative interviews with the petitioner, along with thorough review of Court records and documentation, we were able to reveal the fraudulent and unfounded nature of the allegations. All charges were dropped and the Petition was dismissed.
We sought, and the Court ordered petitioner to pay all attorney fees incurred by our client.
- State vs W.A. (2013)
Domestic Assault Charges Dismissed – Client was charged with Domestic Assault. A DANCO (Domestic Abuse No Contact Order) prohibited any and all contact with the alleged victim. After protracted negotiations with the State, all charges and orders were dismissed.
- State vs G.N. (2013)
No Conviction on Felony Assault Charge – Client was charged with 2nd and 3rd Degree Assault, based on an allegation of assault with a dangerous weapon, where bodily injury occurred. With patient diligence and investigation, we were able to garner a stay of adjudication on one count, with the two remaining counts being dismissed. Restitution was ordered, and our client’s record remains clean of this incident.
- State vs S.N. (2012)
Assault charge dismissed – Client was charged with a barroom brawl that resulted in a cut in the alleged victim’s face, requiring eight stitches. Client pleaded guilty to a Disorderly Conduct, as a petty misdemeanor, with no jail.
Client utilized self-defense as the main defense for his case. Self-defense encompasses the “justifiable use of force.”
- State vs L.C. (2012)
Felony Assault Dismissed – Client was charged with two Counts of Felony Domestic Assault. The State dismissed the charges, prior to the Omnibus hearing, without the necessity of any court appearance.
- State vs D.L. (2012)
No Conviction on Felony Drug Charge – Client was charged with one count of 5th Degree Sale. Client received a Stay of Adjudication, no jail, and a fine. Client works and resides outside of Minnesota. Negotiations with State resulted in no probation. Court supervision of client until fine paid.
- State vs W.J. (2012)
Felony Drugs/Illegal Possession of a Firearm Charge Dismissed – Motion was made to dismiss the charge of possession of illegal weapon, based upon lack of constructive possession. The Court granted a motion in pre-trial proceedings. As a result, the mandatory prison sentence was not applicable.
- State vs M.J. (2012)
Driving After Cancellation/Hit and Run Charges Dismissed – Client comes in with an alibi. He was home, with witnesses, when he was accused of driving a vehicle, causing an accident, and leaving the scene. Our office initiated a case investigation, and referred our reports over to the police department. Upon further investigation, client was exonerated, and the State dismissed the complaint without the necessity of a hearing or court trial.
- State vs D.A. (2012)
Felony Assault with a Weapon Dismissed, Charges Reduced – Client was ordered to serve 8 days county jail, despite the fact that he had been charged with Assault in the 2nd Degree, for the accusation of threatening the alleged victim with a shotgun. The gun charge was dismissed, and client pleaded guilty with an Alford plea, to a lesser charge. Significantly, the case had mandated a prison sentence, which was not necessary given the disposition. The client received a Stay of Imposition of Sentence, making the Felony a Misdemeanor, upon successful completion of probation. Client’s success was made possible through considerable efforts to maintain his sobriety, and providing adequate verification to the Court.
- State vs M.T. (2012)
Driving After Cancellation (DAC) Charge Dismissed – Client was pulled over for speeding, and arrested for driving without a valid license. As a result, the State issued an order for license plate impoundment (i.e.: “Whiskey Plates”). Through case investigation by our office, we discoverd that the “computer generated” cancellation of client’s license by the State of Minnesota was not authorized, under the law. Consequently, the Gross Misdemeanor charge of Driving After Cancellation was dismissed by the County Attorney in the interest of justice, without the necessity of any court hearings. Further, client’s license was fully reinstated, the regular license plates were returned, with fees refunded.
- State vs M.H. (2011)
Charges Dismissed- Felony Theft charges were dismissed by the district court as evidence obtained was “fruit of the poisonous tree,” and therefore inadmissible at trial. A warrantless search justified dismissal of the case, due to lake of probable cause. The police over stepped their authority, and the police misconduct was the basis to suppress evidence sized without a search warrant.
- State vs B.G. (2011)
Charges Dismissed – 2nd Degree Assault charges, With a Weapon, were dismissed by the County Attorney.
- State vs E.K. (2011)
Diversion agreement on Assault charge, no conviction – Client accused of slugging alleged victim, and throwing hard object at another person. Client received a Diversion, with nothing on client’s record. Client’s prospective career depended upon successful resolution of the criminal charges.
- State vs H.B. (2011)
DWI Dismissed – Defendant brought motion to dismiss and suppress the medical opinion of the police officer, on the basis that the officer was not qualified to discuss medication, the affects of medication, when the medication was administered, and any potential opinion as to the results of prescribed medication. The prosecuting authority dismissed the DWI prior to Contested Pre-Trial hearing. Client did admit to an Open Bottle.
- J. vs 2003 GMC Envoy (2011)
2nd Degree DWI charge dismissed – Client’s motor vehicle was confiscated on the basis of an allegation of a prior implied consent or DWI conviction. However, because both prior matters were pending, with no resolution, the charges of DWI in the 2nd Degree were dismissed. As a result, the prosecutor voluntarily returned the client’s motor vehicle, without the necessity of a formal court hearing. The Commissioner of Public Safety administratively adjusted the length of client’s implied consent revocation, from 365 to 180 days, with eligibility to obtain a limited driver’s license after 30 days. In exchange, client agreed to waive the implied consent hearing.
- State vs L.C. (2011)
The State dismissed charge of Refusal, a Gross Misdemeanor DWI, on the basis that “credibility issues with witness makes it difficult to proceed with charges.”
State vs C.T. (2011)
Client was charged with four counts of Violation of OFP in two separate files in two separate counties. Client was granted a stay of adjudication. The other two charges in a separate file were continued for dismissal.
- State vs K.J. (2011)
DWI dismissed – Client was allowed to plead guilty to Careless Driving on a .13 breath test. Client dismissed Implied Consent Petition.
- State vs G.P. (2011)
2nd Degree DWI Reduced – Client pleaded guilty to Careless Driving, reduced from two counts of DWI – 2nd Degree. In exchange, client agreed to not contest the revocation of his driving privileges.
- State vs T.P. (2010)
Test Refusal Dismissed – We negotiated a Gross Misdemeanor DWI/Test Refusal charge (the defendant’s fifth life-time alcohol-related driving offense) down to a 4th Degree DWI (misdemeanor), with No Jail to serve.
- State vs N.M. (2010)
Assault Dismissed – Client was charged Domestic Assault, 5th Degree Assault, and Disorderly Conduct. The Assault charges were dismissed. Client pleaded to a Petty Misdemeanor Disorderly Conduct (a “non-crime”), receiving a $100 fine.