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Don’t be fooled by attorneys who brag about a high dismissal rate when what they are actually talking about is charges that are dismissed in exchange for a plea. No plea is a “good deal” when you are innocent. You need the best to achieve the best, and the proof is in the results.
Recent Notable Victories in Which All Charges Were Dismissed Outright – No Plea
State v. S.P. – False Report of a Crime – Dismissed Pretrial (July 2021)
Client was charged with falsely reporting a crime after she called 911 during a domestic incident. She refused to cooperate with law enforcement or to give a statement against her husband. The State charged her with the crime in an effort to force her to testify against him. We filed a motion to dismiss and the prosecutor continued to refuse to dismiss the case. After briefing the issue and while the matter was under consideration by the Court, the State finally dismiss the case. We are presently filing a citizen complaint to initiate criminal charges against the law enforcement agency that brought charges for violation of Minn. Stat. § 609.43, subd. (1)(2)(3) & (4) and criminal coercion in violation of Minn. Stat. § 609.27, Subd. 1(5).
State v. M.S. – Disorderly Conduct – Dismissed Pretrial (July 2021)
Client was charged with disorderly conduct for allegedly swearing at a Burger King employee, raising his voice, using the “F” word, and calling the employee a “bitch.” Burger King insisted that Client be prosecuted. The law enforcement officers and prosecutor involved apparently failed their constitutional law classes because they seemingly forgot that disorderly conduct requires “fighting words” or a physical act of aggression to avoid the statute being unconstitutional. We were happy to educate them and the State dismissed the case almost immediately upon the filing of our Motion and memorandum.
State v. C.H. – Felony 1st Degree Drugs (>50 Grams Meth), Felon in Possession of Firearm/Ammo, Fleeing; All charges dismissed by Court Order (July 2021)
Client was facing more than a 7-year executed prison sentence for charges stemming from a search warrant raid. He was suspected of trafficking methamphetamine based upon prior drug convictions, a recent visit to known drug dealer’s house, and his failure to answer the door or the telephone calls and texts of his probation officer. Rather than just seeking a warrant for his arrest, law enforcement applied for a warrant to also search his house and car for drugs. The warrant was issued and they found more than 50 grams of methamphetamine and handgun ammunition. Client retained Christopher Cadem after his first attorney advised him that his case was hopeless. We quickly got to work, including doing an independent investigation of some of the allegations in the affidavit for the warrant. Our investigation revealed that the warrant affidavit contained statements that, although strictly true, omitted information which eroded the strength and relevance of the information. We brought a motion to suppress the results of the search and to dismiss the charges on the basis that the allegations supporting the warrant lacked any nexus with the places to be searched. The Court granted the motion to suppress and it dismissed all charges.
State v. L.R. – Disorderly Conduct; All charges dismissed by Court Order (Feb. 2021).
They should go after State v. C.H but before State v. SS. Also, there is a color change in the caption of State v. C.H. and State v. S.S. They are black and all others are a purple. If you would fix that I would appreciate it. I know there were a handful of others, but I just can’t come up with them today. I’m too tired I guess. Oh, if I ever send one over that has an actual client name, please don’t put that up. I put the client names in my internal list so I can remember what case they are, but I remove that when I send them to you for the website. I just fear I might miss it.
State v. L.B. – Felony 5th Degree Drugs, Possession of a Pistol without Permit, Drug Para; All charges dismissed by Court Order (Feb. 2021)
Client was stopped in the early morning hours because of a burned out headlight. The officer stated Client had dilated pupils, red eyes, and was coming from a known drug house. The officer conducted a K9 sniff search of the vehicle which alerted to the presence of methamphetamine in the vehicle. The search revealed drugs, a meth pipe, and a gun. We brought a motion to suppress the results of the search on the basis that the officer unlawfully expanded the scope and duration of a routine traffic stop. After a roughly three hour contested hearing, the Court granted our motion and dismissed all criminal charges.
State v. D.S. – Violation of a Harassment Restraining Order (three separate files); All charges dismissed before the contested pretrial hearing (Jan 2021)
Client was charged with three separate incidents of violation of an HRO. Although client admitted to having contact with the protected person in two of the files and he was willing to accept the plea offered by the State, our investigation revealed a defect in the underlying HRO which provided a legal footing to challenge the charges in all three files. We filed a detailed motion challenging the charges on legal grounds. Just days before the contested pretrial hearings, the State dismissed the charges in all three files.
State v. B.L. – Felony 5th Degree Drugs; All charges dismissed pre-omnibus (Jan 2021)
Client was charged with drugs found during the raid of her boyfriend’s house at which she was not living. They questioned her after the raid and, according to police, Client admitted that a bag of illegal pills found within the bedroom belonged to her. Other than her confession, law enforcement had no evidence linking Client to the drugs. Law enforcement failed to produce an audio recording of the confession. We brought a motion to dismiss on the basis that the confession was inadmissible under the doctrine established in State v. Scales. On the eve of the contested omnibus hearing, the State dismissed all charges.
***These victories reflect recent select cases in which there was an outright dismissal of all charges in the file. They do not reflect the 100’s of cases we handle in which charges are significantly reduced by plea, receive a probation only sentence, or a stayed sentence is achieved.