TALK IS CHEAP
"It's easy for lawyers to brag in paid advertisements. Actual results are harder to achieve--and speak much louder. Every case is different, but I know how to uncover the facts and think outside the box. As a result, many who started out like the guy above ended up very happy. Here are some recent results."
*Please note that I no longer brag about reductions to .149 BAC in OWI/PAC 1st cases, which allows the driver to avoid the Ignition Interlock Device ("IID"), even where the BAC was quite high. My success in that regard is common, and it would be too repetitive to list them. The year listed with the cases below refers to the disposition date, not charging date.
State of Wisconsin v. P.M.Y., 2019 (La Crosse County Circuit Court): This may one of my favorite OWI defense victories of all time. An army veteran with a lifetime of service was charged with OWI 3rd, PAC 3rd, and Test Refusal. I was able to get all the charges dismissed, including the Test Refusal, which is VERY difficult to do. While I fought this one out, the client was able to recover from serious health issues without setting foot in court.
I discovered the critical flaw in the case while reviewing the video of the traffic stop. The client was stopped supposedly for having a defective high-mounted stop lamp. Problem was, there was NO stop lamp at all. Yes, he was literally stopped for NO reason. He was then pushed into field testing and asked to do a blood test. He refused, because he believed his rights were being violated (In fact, they were.). The police got a warrant and forced him to the do the blood test.
Stopped for "no reason"? Well that should end it, right? Nope: The DA fought tooth and nail to keep both the OWI case and Test Refusal alive, even after the blood draw results came back at .054! The DA argued that the stop was based on the cop's "good faith belief" that the light over the cab of the pickup was a defective stop lamp. In fact, the pickup was built before high-mounted stop lamps became mandatory. In order to prevail, I was required to use all of my skill and talents during the evidentiary hearing, with my research, and with my briefing and argument of the legal issues. In the end, it was a complete success.
State of Wisconsin v. S.D. S., 2019 (Marathon County Circuit Court): Client was charged with multiple charges of sexual assault of a minor. The problem was, there was a confession. The issue became keeping the client out of prison. The DA originally told us he would require prison. I was able to craft a defense against the more serious "Class D" Felony charges. I eventually convinced the DA to agree to only the "Class I" Felony and a Misdemeanor. Instead of years in prison, the client was put on probation with electronic monitoring instead of jail time.
State of Wisconsin v. J.J.M., 2019 (Monroe County Circuit Court): Client charged with Felony Negligent Operation of Motor Vehicle Causing Serious Injury following a nearly deadly car crash wherein the client ran a stop sign. The charge was reduced to a Misdemeanor. I also assisted the client in reducing the restitution by many thousands of dollars.
State of Wisconsin v. L.F.W., 2018 (La Crosse County Circuit Court): Client was charged with six counts of Felony Animal Abuse, two counts of Misdemeanor Child Abuse, and twenty-one counts of Misdemeanor Animal Abuse/Neglect. This was a very difficult case to deal with. Not only was the client facing over fifty years of imprisonment and hundreds of thousands in fines, but the State was also seeking more than $100,000.00 in restitution to be paid for the upkeep of the animals involved. I was finally able to negotiate an end to this nightmare. The client pleaded guilty to three counts of Misdemeanor Animal Neglect. She was placed on probation for 1 year, with no jail, and she agreed to pay $1,800.00 in restitution. That's what I call a very good result.
Town of Campbell v. J.T.B., 2018, (Onalaska Joint Municipal Court): Charged with OWI and PAC 1st. Charges were dismissed outright after prosecutor failed to timely prosecute the charges. The client actually received a significant refund of his deposit.
State of Wisconsin v. T.J.S., 2017 (Trempealeau County Circuit Court): Client was charged with criminal Disorderly Conduct. I convinced the prosecutor to dismiss the charge outright.
State of Wisconsin v. J.J.M., 2017 (Jackson County Circuit Court): Client charged with Domestic Battery and Disorderly Conduct. Charges dismissed by after Diversion Agreement.
City of La Crosse v. M.G.M, 2017 (La Crosse Municipal Court): Client was charged with Failure to Yield from an accident he was accused of causing. I convinced the prosecutor to amend the charge to a City ordinance violation, which does not even go on the driving record. No case too small. If it's important to you, it's important to me.
City of La Crosse v. R.L.H, 2017 (La Crosse Municipal Court): Client charged with OWI 1st, Test Refusal, and Hit and Run. Client pleaded no contest to OWI 1st. Normally, I wouldn't brag about a case that ends with an OWI conviction. But there are those where the client avoids much worse results that come from the Test Refusal and more demerit points for Hit and Run. A Refusal has a mandatory Interlock order for 1 year, not to mention a mandatory waiting period without an occupational license. So, even if I cannot get you out of the OWI, sometimes I keep you driving, employed, and not paying $1,000.00 for every car you want to drive (and more demerit points). There are times when having a lawyer pays for itself, even if you don't "get out of it".
State of Wisconsin v. D.M, 2017 (Monroe County Circuit Court): Client charged with OWI 1st, Test Refusal, and speeding. We agreed to allow the Refusal to stand in exchange for dismissal of the OWI 1st and Speeding. This is the 'flip-side' to the above case. Here, having a Test Refusal was a better outcome for this out-of-state driver. This driver did not have to worry about an Interlock Device. Again, sometimes it's about holding the 'status quo' so proper decisions can be made, before it's too late.
State of Wisconsin v. G.L.S., 2017 (Buffalo County Circuit Court): Client was charged with Felony Possession of Methamphetamine and several Misdemeanor charges, including Possession of Paraphernalia, following a search at his residence secondary to a search warrant. I got a copy of the search warrant application. Once again, the judge had failed to swear in the search warrant applicant. I filed a Motion for Suppression. The motion was granted, and all charges were DISMISSED.
State of Wisconsin v. B.E.N., 2017 (La Crosse County Circuit Court): Client was charged with Felony Fleeing, OWI 1st, and another citation. He pleaded no contest to the OWI 1st. The Felony charge was dismissed and ultimately removed from CCAP.
State of Wisconsin v. T.W.K., 2017 (La Crosse County Circuit Court): Client was charged with multiple domestic-related crimes, including three counts of Felony Strangulation and Suffocation, Battery, and Disorderly Conduct. The client agreed to plead to Disorderly Conduct, a Class B Misdemeanor, which he was clearly guilty of. The remaining charges were dismissed.
City of La Crosse v. J.R.S. , 2016, (La Crosse Municipal Court): Charged with Hit and Run of Property Adjacent to Highway, this trucker found out too late that the charge resulted in cancellation of his Commercial Driver's License. Making matters worse, he was not guilty because he was not even aware damage had been done. I filed a motion to reopen the conviction. I then got the charge reduced to an ordinance violation and had the conviction removed from my client's record. His CDL was restored to good standing for about $1,000.00 in attorney's fees.
State of Wisconsin v. J.T.J., 2016, (La Crosse County Circuit Court): Client was charged with multiple domestic-related crimes, including Felony Strangulation and Suffocation, False Imprisonment, Criminal Damage to Property, and Disorderly Conduct. I negotiated a Diversion Agreement on the False Imprisonment charge. The remaining charges were dismissed. After completing the agreement, the False Imprisonment was dropped. No criminal record at all.
State of Wisconsin v. T.R.C., 2016, (Trempealeau County Circuit Court): Charges of OWI 1st (Restricted Controlled Substance), and Possession of THC and Paraphernalia. I filed a motion to suppress all the evidence from the traffic stop after listening to the officer's recording of the stop. The prosecutor contacted me the day before the hearing. He dismissed all charges for a no-contest plea to an ordinance for possession of paraphernalia.
State of Wisconsin v. A.E.B., (La Crosse County Circuit Court): Client was arrested and booked on charges of Underage Possession of Alcohol and Criminal Obstructing an Officer. I contacted the prosecutor and convinced her to do a pre-charge diversion agreement. After doing a few classes, no criminal charges were brought against the client, and the underage was dismissed.
State of Wisconsin v. D.L.M., 2016, (La Crosse County Circuit Court): Charged with Criminal OWI 2nd, PAC 2nd, and Possession of THC. Charges reduced to OWI 1st/PAC 1st when I demonstrated that prior Iowa offense had been expunged, and THC charge dismissed.
State of Wisconsin v. F.T.R., 2016, (La Crosse County Circuit Court): Charged with having more than 0.00 BAC While Operating a Commercial Motor Vehicle. Charge dismissed because the arresting officer failed to conduct a confirmatory BAC test.
Potential Charges Dropped against M.L., 2016, (La Crosse County Circuit Court): Arrested and booked on charges of Criminal Disorderly Conduct and Misdemeanor Battery. I wrote to the prosecutor assigned to the case and convinced her not to file charges against the client. Almost all of the retainer deposit was refunded to the client. Sometimes charges can be avoided altogether, with NOTHING on CCAP.
State of Wisconsin v. T.J.S., 2016, (Trempealeau County Circuit Court): Criminal Disorderly Conduct. Charge reduced to non-criminal Ordinance violation.
State of Minnesota v. T.M.D., 2016 (Houston County District Court): Charged with Two Counts of Third-Degree DWI and Disorderly Conduct. DWI reduced to Careless Driving. Disorderly Conduct dismissed.
State of Wisconsin v. J.A.D., 2016, (La Crosse County Circuit Court): Charged with OWI 2nd, PAC 2nd, Unreasonable and Imprudent Speed, and Test Refusal. Driver supposedly clocked at over 90 mph. Investigated and arrested for OWI. Refuses testing, but Deputy applies for warrant. Deputy gets warrant and takes blood, which comes back at BAC .208. I get the recording of the warrant application and learn that warrant was issued without the Deputy being sworn under oath. The Judge apparently thought the affidavit that was emailed to her was sufficient. It was not, because it not under oath either.
State of Wisconsin v. R.D.F., 2016, (Buffalo County Circuit Court): Charged with OWI 1st after single-vehicle accident. First, the OWI charge was amended to Reckless Driving. Finally, the Reckless was reduced to Inattentive Driving, a 4-point ticket.
State of Wisconsin v. B.A.M., 2016, (La Crosse County Circuit Court): Charged with Operating a Commercial Motor Vehicle Above 0.0 BAC, a professional trucker's prayers were answered when the charge was dismissed.
State of Minnesota v. J.D.S, 2016 (Winona County District Court): Charged with 4th Degree DWI, 3rd Degree Test Refusal, and Carrying Pistol Under the Influence following a traffic stop for speeding. The prosecutor originally took a hard position on this case. We filed suppression motions. His position changed after he heard the testimony of arresting officer at the suppression hearing, which included admissions that he conducted his field sobriety tests incorrectly. The DWI was amended to Careless Driving, and the remaining charges were dismissed that morning.
State of Wisconsin v. B.A.M., 2016, (La Crosse County Circuit Court): Charge of 3rd Degree Sexual Assault, a Class H Felony, with 10 years possible prison and $25,000 in potential fines. After pushing this to a jury trial, the case was dismissed.
This was a first date that turned into a nightmare when the client found himself accused and innocent. These cases are challenging for a lot of reasons, not the least of which is the "Rape Shield" law, which protects the accuser. A defendant in these actions has to overcome the question, "Why would she lie about something like this?", which prosecutors always hammer to a jury. However, that argument can be reversed, because the motive may be as simple as the accuser liking the attention that comes with being a "victim". At any rate, I developed a winning defense and was preparing for the jury trial when the charge was dismissed.
State of Wisconsin v. T.J.G., 2016, (La Crosse County Circuit Court): Client charged with Criminal OWI 2nd, Criminal PAC 2nd, and Test Refusal. First I demonstrated that the prior OWI conviction did not exist, requiring the charges to be reduced to civil first-offense charges. Then I convinced the prosecutor to dismiss the OWI and PAC charges altogether, in exchange for our concession on the civil refusal. No criminal record. No "drunk driving" record. I call that a pretty good result.
The issue surrounded the arresting officer's request for a warrant. We demonstrated that the judge agreed to issue the warrant without taking sworn testimony. Once again, it pays to get the recorded warrant request. Many attorneys don't even bother, thinking that if the officer got a warrant, it must be valid.
State of Wisconsin v. T.R.C., 2016, (Trempealeau County Circuit Court): Charges of Boating While Intoxicated ("BWI"), Test Refusal, and Operate Boat Without Lighting. This case came to me because the client was unhappy with the way his case was being handled by his former attorney. The client had to avoid a BWI conviction. The prosecutor dismissed the BWI and the lighting ticket three days before jury selection. In exchange, we conceded the Test Refusal, which because it related to a boating charge, did not result in revocation of driving privileges. Client was one happy camper.
State of Wisconsin v. C.A.M., 2016, (La Crosse County Circuit Court): Charged with Repeated Acts of Sexual Assault of a Child, a Class B Felony, and Incest, a Class C Felony, the client faced a possible 110 years prison, with a minimum 25 years in prison. While preparing witnesses for trial, which was to start the following Monday, all charges were dismissed.
The law surrounding these cases is extremely complicated. Luckily, I have successfully defended numerous people charged with these crimes. Moreover, I have never been more convinced of a person's innocence. This guy was charged the year before for different allegations from another accuser, and that case was dismissed (see below). One client, two cases with mandatory 25 year sentences, both dismissed.
State of Minnesota v. J.R.G., 2016 (Houston County District Court): DWI charges stemming from a traffic stop for speeding, which basically turned into a "fishing expedition" after the officer reportedly smelled marijuana smoke. I filed several suppression motions. Prior to the hearing, an agreement was reached for an amendment of the DWI charge to Careless Driving. The speeding was dismissed. The client never had to appear in court, and he received a large refund of his remaining retainer deposit.
State of Wisconsin v. A.M.T, 2016, (Jackson County Circuit Court): Charges of OWI 1st--Operating with Restricted Controlled Substance in Blood (Wis. Stat. 346.63(1)(am), Test Refusal, Ordinance Possession of THC, and Failure to Maintain Control of Vehicle (4 demerit points). Both the OWI 1st and Refusal were dismissed outright. No contest to Ordinance THC, and Failure to Maintain Control was amended to a 0-point violation.
I believed very strongly that the arresting officer lacked probable cause to arrest. The prosecutor reluctantly agreed, and the outcome was VERY good.
State of Wisconsin v. S.L.D, 2016, (Buffalo County Circuit Court): Client charged with Felony Substantial Battery, Felony False Imprisonment, and Criminal Disorderly Conduct. This case was a co-defendant with "R.N." (below) whose charges were dismissed early in the proceedings. We prepared this case for trial, and we were at the final pretrial conference when the State agreed to dismiss both Felony charges in exchange for a plea to the Class B Misdemeanor DC with a sentence agreement that included no jail. This outcome was so good that a Minneapolis television news channel ran a story accusing the prosecutor of selling out the "victim". I do think that was unfair, but the result was very favorable.
State of Minnesota v. J.R.G., 2016 (Houston County District Court): DWI charges stemming from speeding traffic stop, which basically turned into a "fishing expedition" after the officer reportedly smelled marijuana. I filed several suppression motions. Prior to the hearing, an agreement was reached for an amendment of the DWI charge to Careless Driving. The speeding was dismissed. The client never had to appear in court, and he received a large refund of his remaining retainer deposit.
State of Wisconsin v. M.Z., 2016, (Vernon County Circuit Court): Client charged with Class C Sexual Assault of a Minor, punishable by as much as 40 years in prison and a $100,000 fine. Because of our defense strategy, I was able negotiate a reduction to a single Misdemeanor charge of Patronizing a Prostitute. Further, due in part to the difficulties in carrying out probation, we successfully argued for the imposition of a fine only. Our client was a foreign national working in this Country on a VISA. Conviction for a sexual assault would have resulted in revocation and deportation. Also, he was literally terrified of going to jail. He was extremely grateful for this outcome.
State of Wisconsin v. D.P.L., 2016, (La Crosse County Circuit Court): Charge of Criminal Domestic Battery and Criminal Domestic Disorderly Conduct. Criminal Domestic Disorderly conduct amended to non-criminal Ordinance Disorderly Conduct. Domestic Battery charge dismissed.
State of Wisconsin v. K.A.S., 2016, (La Crosse County Circuit Court): This client came to me because he was disgusted with his present attorney. The client was charged with Battery as a "repeater" (3 or more misdemeanor convictions within the previous 5 years). That attorney made efforts to get the "repeater" enhancer dropped, which was really the client's only goal. The attorney reportedly told him he had done everything he could and could not get the repeater dropped. He was told he would have to plead guilty as charged. The attorney was hired on a "flat rate" agreement, so maybe he felt no incentive to go to trial(?) I took over the case and moved it towards a jury trial. At the final pretrial conference, we secured a reduced charge of Disorderly Conduct, without the repeater, and no jail. Having the right attorney--especially one who is willing to go to trial--can make all the difference.
State of Wisconsin v. D.J.J., 2016, (La Crosse County Circuit Court): A late-night stop for speeding goes bad when it becomes an OWI investigation, then gets worse when a lot of drugs, paraphernalia and money are discovered. Charges of Possession Methamphetamine (over 50 gr.), Possession of THC, two counts of Possession of Paraphernalia, OWI 1st, Test Refusal and Speeding. The first charge alone was a Class C Felony with as much as 40 years prison and $100,000 in fines. I insisted on a Crime Lab analysis of the drugs. As it turns out, the arresting officer's field test was wrong. It was not Meth, but MDMA. While still a serious drug, MDMA is not viewed as nefariously by prosecutors. I was able to secure a diversion agreement on the drug charge. The rest of the charges, other than OWI, were dismissed. The client will only have a conviction for OWI when finished. We also reached an agreement to get the client's car back, which was seized as part of a forfeiture action.
Note: If you are charged with a serious drug offense, your attorney better insist on a lab analysis of the drug. It is shocking how many attorneys do not.
State of Wisconsin v. J.A.B, 2016, (Monroe County Circuit Court): Charged with Felony Operating Motor Vehicle Without Owner's Consent "OMWOC". Charge reduced to Misdemeanor OMWOC, with a diversion agreement (There will be no conviction at all if conditions are completed.) A VERY solid outcome.
State of Wisconsin v. C.A.B., 2016, (Trempealeau County Circuit Court): Charged with Criminal Trespass for a home entry. It sure doesn't help when there's a in-home security camera. Nonetheless, I emphasized the complicated background leading up to the entry, as well as the otherwise good nature of the client. The prosecutor agreed to reduce it from a crime to a ticket for Ordinance Trespass. No criminal record.
State of Minnesota v. J.W.D., 2016 (Fillmore County District Court): Charged with Felony Domestic Assault, Strangulation and two counts of Misdemeanor Domestic Assault. The stakes were high, because the client was an avid, lifelong hunter, and conviction on any one of the charges would result in a lifetime ban from firearms. We pushed the case towards trial, and shortly before that I achieved a "stay of adjudication" of the Felony charge. The client entered an Alford/Goulette plea (maintained his innocence but agreed he probably would be found guilty at trial), and the remaining charges were dismissed. After serving 4 weekends at the jail and probation, he will have no conviction and will get his guns back from the Sheriff.
State of Wisconsin v. T.J.G., 2016, (La Crosse County Circuit Court): Charged with Felony OWI/PAC 5th, Criminal Operating After Revoked, and 2 traffic citations. Saddled with a confession to OWI, the goal became to keep the client out of prison, working and productive. With careful planning, we accomplished that. As I have said before, an attorney isn't just there just to "get you out of it." That's obviously the first goal, but when that cannot occur, the attorney can often help manage the consequences.
Crawford County v. N.B., 2016, (Crawford County Circuit Court): Occasionally, I highlight a "smaller" case. After all, I have worked cases ranging from the smallest infraction up to the largest criminal case in the history of La Crosse County, WI (State v. Eric Koula). But small cases sometimes generate BIG problems for people. And if it's important enough to hire an attorney, even the smallest case will receive my best efforts.
In this case, the client was charged with Underage Possession of Alcohol (sometimes called Underage Liquor, or "UAL"). Here, there was a prior conviction just a few months prior. This meant the client would, if convicted, almost certainly incur a suspension of his driver's license. That would have caused him to lose a very lucrative job. This was a confession case, and because it was also a second offense, the DA simply refused to amend or dismiss the charge. Therefore, I carefully crafted a sentencing argument that persuaded the Judge to make an exception to the court's policy, which required suspension. The client kept his license and his job.
State of Minnesota v. J.W.D., 2016 (Winona County District Court): Charge of 3rd Degree DWI reduced to 4th Degree DWI.
State of Wisconsin v. T.M.P., 2015, (La Crosse County Circuit Court): Charged with OWI 7th (Yes, 7th), PAC 7th, Criminal Operating After Revocation, Ordinance Hit and Run, Failure to Report Accident, and Test Refusal. Prior to the Preliminary Hearing (Probable Cause Hearing) the offer was to plead guilty to OWI 7th and go to prison for the mandatory 3 years. After the Preliminary Hearing, the offer changed: Withdraw the contest to Refusal and plead to the Failure to Report Accident. OWI 7th, PAC 7th, Criminal Operating After Revocation, and Hit and Run all DISMISSED after one hearing. That is what you call a good day in court.
State of Wisconsin v. S.B.H., 2015, (La Crosse County Circuit Court): Client came to me after his first attorney was pushing him to plead guilty to a Felony, which the client, for employment reasons, absolutely could not do. The client reportedly paid the attorney thousands, and he got nothing accomplished. The charge was Obstructing an Officer, Causing Substantial Bodily Harm or Soft Tissue Injury, a Class H Felony, stemming from a fight in downtown La Crosse (typical). The officer alleged he chased the client into an alley and tore his ACL taking him down. Admittedly, these are very tough cases to get resolved, because if the officer refuses to reduce the charge, the prosecutor usually will not. We had to take it to a jury trial. However, after the State closed its case at the lunch break, the prosecutor reluctantly agreed to reduce the charge to a Misdemeanor Obstructing. This is exactly the break the client was looking for.
The How and Why: Essentially, the one theory alleged to have caused injury required the intentional use of force. An alternate theory could have been advanced, which would not require the use of force. With my cross-examination, we demonstrated that the officer was basically accidentally injured, and there was no use of force. While I was confident the case was going to end in acquittal, the plea deal agreement was a sure thing.
State of Wisconsin v. C.A.M., 2015, (La Crosse County Circuit Court): Charged with Class B Sexual Assault of a Child and two counts of Class F Felony Exposing Child to Pornography. If convicted, the Class B Felony alone would result in a minimum 25 years in prison. After more than a year of fighting, and while preparing the case for trial, the charges were dismissed. That would obviously be a great relief, but the client was charged with another case before this one was finalized. I eventually was hired. See the result above.
Town of Campbell, WI vs. M.C., 2015, (City of Onalaska Joint Municipal Court): Charged with OWI 1st and PAC 1st. Both charges dismissed. I was able to demonstrate that the arresting officer lacked probable cause to believe the vehicle was operated or driven by defendant, who was parked with the engine running when contacted. The client never had to go to court.
State of Wisconsin v. R.N., 2015, (Buffalo County Circuit Court): Charged with Felony Substantial Battery as a Party to the Crime, and Disorderly Conduct. I filed a Motion to Dismiss the Complaint on the grounds that it failed to show probable cause that the client committed the charges. The prosecutor dismissed the charge before the motion was heard. Case closed.
State of Wisconsin v. J.K.K., 2015, (La Crosse County Circuit Court): Charge of Criminal Domestic Battery and Criminal Domestic Disorderly Conduct. A familiar story: A night of drinking results in a fight and allegations of abuse. But these cases are almost always "he said she said". That's frequently a good case. Criminal Domestic Disorderly conduct amended to non-criminal Ordinance Disorderly Conduct. Domestic Battery charge dismissed.
State of Wisconsin v. J.B.B., 2015, (La Crosse County Circuit Court): Charged with Domestic Disorderly Conduct. Reduced to non-criminal Ordinance DC. These "Domestic DC's" can be tricky, because a conviction will likely mean a lifetime ban on possessing a firearm (i.e., hunting with a gun). So, the stakes are high for a seemingly a minor criminal offense. Further, prosecutors feel more pressure to convict in domestic cases, especially if, like here, things got physical. In other words, bring a good lawyer, one ready to a jury trial if necessary. I have kept many clients' 2nd Amendment rights intact.
I get a lot of calls from people wanting to get their conviction for Domestic DC set aside after the fact. They thought it was "no big deal" at the time. They learned the hard way. Do not take this charge lightly.
State of Wisconsin v. J.L., 2015 ( Vernon County Circuit Court): Client booked on charges of Domestic Battery and Disorderly Conduct. After reviewing the reports, I contacted the prosecutor ahead of time and argued that our client was clearly the victim of this disturbance. The prosecutor agreed not to charge. Besides this outcome, the client got one other thing from me, which many others have: A big refund of her remaining retainer deposit.
State of Wisconsin v. A.E.K., 2015 (Sawyer County Circuit Court): Charged with OWI 1st and PAC 1st with a BAC at .16. Result: OWI 1st amended to Reckless Driving. PAC 1st dismissed. This case nearly went to trial, but neither the client nor I had to once drive to Sawyer County. Need I say more?
State of Wisconsin v. K.H.A, 2015, (Buffalo County Circuit Court): Charged with Ordinance Possession of Paraphernalia after a traffic stop near the county line. Despite non-criminal charge, the nature of the client's work made it imperative that the charge be dismissed. She came to the right place (Remember, this is a "brag" page). Despite a confession to holding a pipe, I argued that there was no proof the pipe was possessed within Buffalo County. Charge dismissed.
State of Wisconsin v. S.D.D, 2015 (La Crosse County Circuit Court): Client was booked on charges of Hit and Run of a person. I obtained the police reports and statements and contacted the prosecutor prior to any charges being filed. I was able to demonstrate that conflicting witness reports would make any charges futile. The prosecutor agreed not to even charge the client. Case closed. Note: This is just one of numerous instances where I have gotten involved early and prevented charges from being filed altogether.
State of Wisconsin v. J.M.B., 2015 (La Crosse County Circuit Court): Charged with Felony Reckless Endangerment by Use of Motor Vehicle and OWI 2nd. Alleged to have repeatedly slammed into rear of a vehicle to drive it off the road. Despite a confession to impairment and highly aggravated facts, the agreement I negotiated resulting in the Felony being reduced to a Misdemeanor Hit and Run, and the client pleaded guilty to the indefensible OWI 2nd. Client spared a Felony record.
State of Wisconsin v. J.H.P., 2015 (La Crosse County Circuit Court): Charged with Criminal Obstructing an Officer, a Class A Misdemeanor punishable by maximum 9 months jail and a $10,000 fine. I negotiated a amendment to Ordinance Disorderly Conduct, a non-criminal citation. Client left with no criminal record.
State of Wisconsin v. T.M.P, 2015 (La Crosse County Circuit Court): Charged with OWI 7th (Yes, 7th), PAC 7th, Criminal Operating After Revocation, Failure to Report Accident, and Ordinance Hit and Run and Test Refusal following single-car accident. Prior to the Preliminary Hearing (Probable Cause Hearing), the prosecutor offered that he plead guilty to OWI 7th and go to prison for the mandatory 3 years. After the Preliminary Hearing, the offer was to allow waive the Refusal to Test challenge and plead to the Failure to Report Accident ticket. We took that offer. Yes, the OWI 7th, PAC 7th, Operating After Revocation, and Hit and Run were dismissed. That is what you call a good day in court.
State of Wisconsin v. J.B., 2015 (Barron County Circuit Court): Charged with OAR due to OWI, the client faced revocation without any chance of a work permit, which would get him fired from a lucrative job. The prosecutor flatly refused to amend the charge. Unfortunately, the case also involved a confession. Nonetheless, despite conviction, I was able to convince the Judge not to revoke, which meant everything. Lesson: Having a good lawyer can pay off in spades, even when the charge is going to stick.
State of Wisconsin v. D.E.B., 2015 (La Crosse County Circuit Court): Charged with OWI 1st and Test Refusal. Result: OWI 1st reduced to Ordinance Stopping on sidewalk. Probable cause found on Refusal after Refusal Hearing.
State of Wisconsin v. D.R.M., 2015 (La Crosse County Circuit Court): Charged with Criminal Obstructing--Resisting Arrest, OWI 1st, PAC 1st, and 4 other ordinance violations. Criminal Obstructing dismissed. Guilty to OWI 1st. Remaining charges dismissed.
While a conviction for OWI is not ideal, the evidence supporting that charge was very strong. And this was a very difficult situation. The police were adamant that the client be convicted of Criminal Obstructing. That would have prevented the client from obtaining a VISA, which was pending with INS at the time. I was able to quickly achieve this outcome. For the client, it made all the difference in the world.
State of Wisconsin v. E.L.J, 2015 (La Crosse County Circuit Court): Criminal charges for Domestic Battery and Disorderly Conduct. Disorderly Conduct amended to non-criminal Ordinance DC. Battery dismissed.
State of Wisconsin v. C.A.G, 2015 (Trempealeau County Circuit Court): Speeding 25-29 mph over the limit amended to non-moving, 0-point violation for Obstruct Traffic Sign. License saved.
State of Minnesota v. *.*.*, 20** ( ****** County District Court): This was a 4th-Degree DWI, which should have been charged as 3rd Degree DWI, due to a prior conviction. The evidence of impairment was not good. However, I understand that a defendant has no obligation to further incriminate himself/herself. I also understand that a defendant cannot, if asked about a prior offense, lie to the court or an officer of the court, and neither can his/her attorney. Navigating this minefield was described by one attorney as "running along the top of a fence." One misstep, and, well, you know what. Here the client was able to avoid the aggravated penalties for a 3rd Degree DWI. Instead, he got the minimum penalties for 4th Degree DWI, and without any supervised probation, which is usually mandatory. He did so without ever stepping into court.
Many people don't realize that there are often very significant things an attorney can do for them, even when the case otherwise seems "hopeless."
State of Minnesota v. D.R.M., 2015 ( Fillmore County District Court): Charges of Felony Substantial Battery, Battery, and Disorderly Conduct (Brawling) following a bar fight. Client pleads to Misdemeanor Disorderly Conduct, amended to "cause alarm" from "brawling". Remaining charges, including Felony, dismissed. Client sentenced to pay $300 fine and all jail stayed. Agreement also avoided tens of thousands of dollars in restitution for medical bills.
This one was only a few days from the jury trial when the deal was made. The client avoided a potential Felony and substantial incarceration, not to mention tens of thousands of dollars in restitution. Another very grateful client.
State of Minnesota v. M.L.E., 2015 (Winona County District Court): Client charged with Domestic Assault Causing Harm. Despite a confession, I was able to arrange an outcome without any conviction.
State of Wisconsin v. A.R.S., 2015 (Monroe County Circuit Court): Felony Theft in a Business Setting, involving more than $50,000. Charge reduced to two counts of Misdemeanor Theft, with diversion of the Felony (will be dismissed upon completion of conditions). This one took some time and effort. The prosecutor originally insisted on a Felony conviction. Persistence pays off.
State of Wisconsin v. E.T.B., 2015 (Jackson County Circuit Court): Charged with Felony Identity Theft, Felony Bail Jumping, Misdemeanor Receiving Stolen Property, and six separate driving offenses. Felony ID Theft dismissed. Felony Bail Jumping was reduced to a Misdemeanor. Guilty to one other Misdemeanor and one driving offense. Five remaining driving offenses dismissed. No jail ordered.
State of Wisconsin v. J.J.G., 2015 (La Crosse County Circuit Court): Felony Substantial Battery reduced to Misdemeanor Battery. Disorderly Conduct Dismissed. Probation avoided. Fine only. Another fight in downtown La Crosse results in ruinous Felony charge. Another client avoids ruinous Felony charge and probation.
State of Wisconsin v. J.A.H., 2015 (Trempealeau County Circuit Court): OWI 4th Reduced to OWI 3rd by Baker/Hahn motion. Sentence on OWI 3rd reduced to statutory minimum. Vehicles exempted from Ignition Interlock Devices. Even when there is no defense to the charge, I can often do serious damage control.
City of La Crosse, WI, v. L.J.A, 2015 (La Crosse Municipal Court): Charged with trespassing after a neighbor complained. Though, not criminal, it was very important to defeat the charge to prevent the neighbor from going further, or getting restraining order, etc. Charge dismissed.
State of Wisconsin v. N.R, 2014 (Vernon County Circuit Court): Charged with Criminal Domestic Disorderly Conduct. I got this dismissed. Viable Bail Jumping charge not charged.
State of Wisconsin v. T.W.L., 2014 (La Crosse County Circuit Court): OWI 4th and PAC 4th dismissed on suppression motion. The client was stopped for squealing tires after leaving a stoplight. It's the kind of stop that really only happens at 2 a.m. The video was the best evidence, showing that this was a very minor incident. We showed that the applicable La Crosse County Ordinance requires "intentional" conduct, and much more. All evidence was thrown out. Case dismissed.
State of Minnesota v. S.P.G., 2014 (District Court, Houston County, MN): Gross Misdemeanor charge of Furnishing Alcohol to Person Under 21 dismissed. This one took some digging, but it paid off. Whenever I can demonstrate that a key prosecution witness lied to the police about a material fact, it's case over.
State of Wisconsin v. J.W.N., 2014 (La Crosse County Circuit Court): Possession of THC and Possession of Paraphernalia charges dismissed. In this case, criminal possession charges were dismissed after we demonstrated at a motion hearing that the arresting deputy did not have cause to prolong and expand a routine traffic stop into a lengthy detention and investigation for controlled substances. The stop was based on what turned out to be legal temporary license plates. We showed that what happened after the stop (which included searches of the person, field sobriety tests, a drug sniffing dog, a vehicle search, and arrest) was not justified under the Fourth Amendment.
City of La Crosse v. R.T.V, 2014 (La Crosse County Circuit Court): Amendment of OWI/PAC 1st to Reckless Driving. This was an appeal to the La Crosse County Circuit Court by the City of La Crosse following a finding of "Not Guilty" on both OWI 1st and PAC 1st following a court trial in the La Crosse County Municipal Court (see below).
It's rare, but I sometimes have to fight the same case twice. Here, the City was trying to take a second kick at the cat, this time in front of a jury. However, as it turns out, a jury trial was not necessary.
This time, I filed a 'Daubert' motion to keep the State's expert witness from testifying about mouth-alcohol dissipation rates. The prosecution was trying to use that testimony to get past a suspect breath test. Thankfully, the new statutory 'Daubert' standard for expert opinion testimony paid off. The judge ruled that the proposed testimony lacked sufficient guarantees of trustworthiness, and ordered that the City would not by allowed to elicit testimony of mouth-alcohol dissipation rates. Severely hobbled in its ability to meet its burden of proof, the City agreed to a Reckless Driving.
State of Wisconsin v. G.A.J., 2014 (La Crosse County Circuit Court"): "Not guilty" following a jury trial on the sole charge of OWI 1st. Despite what was alleged to be bad driving, bad performance on field tests, and a refusal to provide a blood sample for testing, the client was found not guilty of OWI 1st after only about 15 minutes of jury deliberation.
United States v. B.D.P., 2014 (Federal District Court, Western District Wisc.): OWI 2nd reduced to a Reckless Driving. It's a little-known fact that driving on federal land (here, Fort McCoy) can be grounds to 'make a federal case' out of an OWI. Fighting the charge means costly day-long trips to Madison to the federal district court, right? Not for our client. I was able to secure a reduction from OWI 2nd to Reckless Driving without once setting foot in court.
State of Wisconsin v. M.K.M., 2014 (La Crosse County Circuit Court): OWI 3rd, PAC 3rd (BAC .274) and OAR (alcohol) charges dismissed outright by prosecutor after I drafted and filed a "McNeely" motion challenging the admissibility of the blood test due to coercive statements made to the client by the arresting officer before being asked to test. The prosecutor relented that he would be unable to demonstrate that the client's agreement to provide a blood sample was not coerced.
State of Wisconsin v. R.J.W., 2014 (Jackson County Circuit Court): Felony Battery and Disorderly Conduct Charges dismissed. The client was accused of stabbing another man in the stomach during an altercation. Compelling video-recorded evidence demonstrated that the client was not the primary agressor and justifiably acted in self-defense.
State of Wisconsin v. J.L.S., 2014 (Buffalo County Circuit Court): .246 BAC Blood Test thrown out of court on suppression motion. The police incident report, videotape and blood test all had client dead to rights. But unlike many lawyers, I never stop there. I dug deeper and discovered that the Judge who issued the search warrant for the blood draw did not swear in the police officer seeking the warrant. Game over.
City of Onalaska vs. M.E.M., 2014: Prosecution refused to reduce the BAC from .17 to .149 to avoid having an IID (ignition interlock device) for a year. Despite a .17 BAC breath test, we went to trial. I demonstrated that the prosecutor failed to prove a BAC over .149. No IID for client.
La Crosse County vs. P.A.N., 2014 : .274 BAC reduced to .149 BAC, all other tickets dismissed. No IID.
State of Wisconsin v. W.R.N., 2014 (La Crosse County Circuit Court): OWI 3rd reduced to OWI 2nd. The client had two prior convictions. Actually, there would have been four prior convictions, but I got another OWI/PAC dismissed outright as well (see below) and secured not guilty verdicts on both OWI 1st and PAC 1st charges (BAC .18 BAC) back in 2004. In this case, my investigation revealed that the second conviction came from a municipal court. Because I actually know OWI law (unlike some attorneys taking OWI cases), I knew that the municipal court lacked jurisdiction over a criminal second-offense OWI. So, Third Offense became Second Offense, which is a huge difference in terms of jail and fines.
City of Onalaska v. J.S.S., 2014: BAC reduced from .17 to .149. No IID.
City of La Crosse v. R.T.V, 2014 (City of La Crosse Municipal Court): Client found "Not Guilty" of OWI 1st and PAC 1st following a trial and extensive written arguments. The arresting officer, who doubled as the breath test operator for the Intoximeter EC/IR II, failed to follow simple protocol after the first breath test showed contamination by mouth alcohol. The City's "expert" witness was forced to agree that the testing protocol not followed was "indispensable" to the process of obtaining accurate results. Despite the best efforts of the prosecutor, who desperately tried to show that "indispensable" did not mean "indispensable", the Judge ruled that the test so lacked trustworthiness that it was inadmissible. Once the test fell out, the field sobriety tests and other evidence could not carry the day.
State of Wisconsin v. S.A.E., 2014 (Monroe County Circuit Court): Criminal Charges of Obstructing and Disorderly Conduct dismissed outright. This outcome saved the client from losing a good job.
State of Wisconsin v. M.P.S., 2013(La Crosse County Circuit Court): Felony sexual assault charges first reduced from felony to misdemeanor, and then all charges dismissed outright days before the trial. This is what can happen when both a client and the attorney are ready, willing and able to go forward to trial, and when the attorney's track record shows
he's not bluffing and has won similar cases numerous times. Please note: An criminal defense attorney who does not try cases poses little credible threat.
State of Wisconsin v. D.L.R., 2013 (Monroe County Circuit Court): OWI and PAC 3rd (BAC .144) charges
dropped completely. Administrative Suspension vacated. That's right: Not even a temporary license suspension.
State of Wisconsin v. W.R.N., 2013 (La Crosse County Circuit Court): Client charged with OWI 2nd and PAC 2nd (BAC .178). All charged and other citations were dismissed outright. Sitting in a running vehicle on the street outside a residence is not overtly suspicious, even if it is during the early morning hours. Case dismissed after motion to suppress filed.