Hennepin County Domestic Assault Charges Dismissed
Christina Zauhar's client was charged with five separate charges involving
domestic assault, disorderly conduct, and gross misdemeanor alcohol-related
driving violations. The client was facing serious consequences to his
freedom, employment, future ability to carry a firearm, and forfeiture of
his vehicle. Through vigorous negotiation and arguing weaknesses in the
case, all charges were dismissed against the client except for one driving
charge. As a result, there was no forfeiture of the vehicle, no restriction
on the use of a firearm, no fine, and no jail time.
HCD’s Repeat-DWI Client Avoids Jail
HCD’s client, facing his 3rd DWI in the last 10 years, avoided
serving any jail time. Along with alcohol, the client had 4 different
controlled substances in his system when he was arrested. Because it was
the 3rd DWI in 10 years, his vehicle was forfeited and his license plates
impounded – he was also facing mandatory jail time. HCD negotiated
the return of the vehicle, rescinded the plate impoundment order and
prevented the client from serving any jail time. The client, who had been
sober for 4 months by the time of sentencing, and his family were relieved
at the outcome. The client’s parents credit HCD for saving their
son’s life.
First Degree Criminal Sexual Conduct Charges Dismissed: HCD's
Persistence Pays Off.
After successfully achieving complete dismissal of first degree criminal
sexual conduct charges in Scott County, HCD's client commented:
Tina, there are Angels all over this world. I may not be able to see them,
but know their wings spread and protect, guide, and help whenever I am down.
You are like the Angels that I cannot see. A voice a moment away, with
words that helped to protect, guide, and help me and my family. Like all
Angels that help, they long to spread their wings and find those who need to
be helped in the world with what they are guided to do with a good heart and
good intentions.
You have come into our lives like an Angel for a moment in our lives.
Should I never get to meet or see you, I pray that all in your life is
blessed. I pray that an Angel guides you, helps you, and protects you in
all you do, and return to you what you have done for me and my family.
Thank you Tina. From what I hear, it would have been a pleasure to see you
in action in court, however, in this case, I am glad it is reserved for
another soul who needs you.
Criminal Charges Dismissed – Kanabec County
Drugs and a stolen gun were found when officers executed a search warrant on
the home of HCD's client. He was thereupon charged with Controlled
Substance Crime and Receiving Stolen Property--- Firearm. Each are felony
crimes that carry stiff sentences. Prior to an evidentiary hearing, Tina
convinced the State that it would not be able to prove the drug charge, so
the prosecutor dismissed it. Tina then challenged the search warrant as it
pertained to the stolen gun, arguing that the officers exceeded their
authority. The judge agreed, so that charge was dismissed as well.
First Degree Controlled Substance – Prison Avoided – Sterns County
HCD had a client charged with two separate Controlled Substance
Crime in the First Degree crimes. Each was on a different date, and each
carried a presumptive commit to prison for 86 months. Thanks to his own
tremendous effort rehabilitating himself and HCD's resolve to show
it, one count was dismissed and the other resulted in a downward departure
to 180 days in the local jail as long as he is compliant with other
conditions --- primarily, abstinence from alcohol and non-prescription
drugs.
Source Code Litigation
Marsh Halberg was one of the lawyers that served as trial counsel for what is believed to
be the largest criminal case in Minnesota court history with over 4,400
defendants. The two HCD attorneys were members of the five-attorney trial
team who collectively represented the interests of over 250 criminal defense
attorneys in pursuing the source code litigation. The two-week hearing
concluded at the end of December. Judge Jerome Abrams presided over the
matter and issued an Order in March regarding the admissibility of source
code test results in both criminal DWI and implied consent cases. That Order
has been appealed on an expedited basis to the Minnesota Supreme Court. Our
office together with the other three trial team attorneys has filed an
appellate reply brief in October 2011 and is awaiting notice of oral
arguments being scheduled before the court. As such,the breath test issue in
Minnesota is still a very viable defense for us to discuss with you.
On A Lighter Note
Halberg Defense recently attended the Rocky Horror Picture Show theatrical
performance starring Don Shelby. Mr. Shelby had some good natured teasing of
lawyers but referred to us as "one of the best criminal defense law firms in
the country." Thanks Don for your kind words.
Jordan Mayor Case Resolved
Our office recently defended the mayor of Jordan in a highly publicized case
alleging the mayor was guilty of disorderly conduct. While we were confident
in the strength of our legal defense, Marsh Halberg negotiated a very
favorable result which will result in the case being dismissed in one year
without a conviction.The legal mechanism for this case is called a
"continuance for dismissal". Under this negotiation there is no admission of
fault and there is no conviction.Our client wil never have a criminal record
as long as he complies with a couple basic conditions including remaining
law abiding.
The disorderly conduct charge resulted from an incident that occurred this
last July. The mayor had approached a person in a vehicle at a funeral home
in Jordan and it was alleged he had acted improperly. This resolution
allowed our client to maintain his innocence and continue in his duties as
mayor.
DWI Case Dismissed – St. Louis County
DWI charges were dismissed against HCD’s client who was
charged with operating a snowmobile under the influence of alcohol and with
a blood alcohol concentration above a .08. HCD’s client was accused
of crashing his snowmobile. A later urine test revealed a .12 blood alcohol
concentration. HCD argued that it would be difficult for the State to
prove that his client was under the influence of alcohol at the time of the
accident because of the time span between the accident and the urine test.
HCD also argued that his client could not be convicted based solely
on his own statement, without corroborating evidence. The prosecutor
subsequently dismissed the case in its entirety.
DWI Case Dismissed – Anoka County
An Anoka County judge ruled that the officer who stopped Halber Defense's (HCD) client
did not have a legal basis to stop his client. The officer alleged that he
pulled over HCD’s client for illegally backing upon a roadway or shoulder
and for impeding traffic. HCD’s client backed upon a roadway and was then
stopped. At hearing, the officer alleged that he also pulled over the client
because the client’s vehicle was impeding traffic. HCD argued that backing
upon a road way was not illegal and that the officer could not have
reasonably believed HCD’s client was impeding traffic. The Court found
that the officer could not have reasonably suspected the client for driving
too slow and that the officer was mistaken in concluding that it was against
the law to back upon the particular roadway in question. The judge then
dismissed the case.
