Recent Victories

S.E.K v. Commissioner of Public Safety

Date: December 6, 2011
County: Washington
Case: Implied Consent Revocation Hearing (Fourth Degree DWI)
Trial Attorney: Debbie Lang
Outcome: Ms. Lang contested the validity of the stop of her client’s motor vehicle.  Following a contested hearing, the Judge held that the stop of the vehicle was improper.  The revocation of Ms. Lang’s client’s driver’s license was rescinded and removed from the driving record.

State of Minnesota v. S.E.K.

Date: December 7, 2011
County: Washington
Case: Fourth Degree DWI
Trial Attorney:  Debbie Lang
Outcome: Based upon Ms. Lang successful litigation in the accompanying Implied Consent Hearing, the prosecutor agreed to dismiss all charges against Ms. Lang’s client due to the successful challenge to the validity of the stop of the vehicle.  Case dismissed in its entirety.

State v. A.C. Johnson

County: Hennepin
Charges: Fourth Degree DWI
Trial Attorney: David Risk
Outcome: All criminal charges dismissed despite a breath test result of .12

State v. G.M.C.

County: Scott
Charges: Controlled Substance Crime 5^th Degree
Trial Attorney: Allan Caplan & Hillary Hujanen
Outcome: Search warrant successfully challenged.  Case Dismissed

S.K. vs. H.E.

County: Stearns
Charges: Order for Protection
Trial Attorney: Allan Caplan
Trial Type: Contested Hearing
Outcome: Ms. K. sought an Order for Protection against our client, Mr. E.  Case dismissed after Ms. K. presented her case.

State v. S.A.F.

County: Hennepin
Charges: Minor Consumption
Trial Attorney: Allan Caplan
Trial Type: Evidentiary Hearing
Outcome: Case dismissed after evidentiary hearing based on 2 factors: 1) police office did not have a sufficient basis for concluding defendant was underage; and 2) when there were several people in the car, police did not have a sufficient basis for concluding defendant had been drinking.

State v. J.A.D.

County: Washington
Charges: Felony Aiding Offender
Trial Attorney: Allan Caplan
Trial Type: Jury Trial
Outcome: Charge amended to Misdemeanor obstruction of justice.  Since this was resolved as a petty misdemeanor, defendant paid a fine of $100.00.

State v. D.G.S.

County: Hennepin
Charges: Fourth Degree DWI
Trial Attorney: David Koob
Trial Type: Rasmussen Hearing (Motion to Dismiss)
Outcome: Mr. Koob successfully convinced the Judge that the arresting officer did not  have a reasonable basis for stopping Defendant’s vehicle prior to arresting  him for DWI. The arresting officer testified that the stop was based on: (1) Defendant’s suspicious driving conduct; and (2) an equipment violation. The stop was ruled unconstitutional by the Judge and the DWI charges against the Defendant were dismissed.

State of Minnesota v. K.J.

Date: January 26, 2011
Charge: Fourth Degree DWI; Fourth Degree DWI over .08 within two hours
Trial Attorney: Debbie Lang
Trial Type: Implied Consent Hearing
Outcome: Ms. Lang successfully litigated the Implied Consent Hearing and convinced the Judge that the arresting officer did not have sufficient grounds to request a preliminary breath test from her client.  The license revocation was overturned.  Accordingly, the client avoided an alcohol-related offense because Ms. Lang negotiated a non-DWI resolution in the criminal case.

State of Minnesota v. Marcotte

Date: January 20, 2011
Charge: Fourth Degree DWI
Trial Attorney: David Risk
Trial Type: Implied Consent Hearing
Outcome: Mr. Risk successfully convinced the Judge that the arresting officer gave the defendant limited right to consult with an attorney prior to deciding whether to submit to chemical testing for alcohol concentration.  The license revocation was overturned.

State of Minnesota v. S.C.

Date: January 6, 2011
Charge: Criminal Sexual Conduct in the Fourth Degree
Trial Attorney: Debbie Lang
Trial Type: Pre-trial
Outcome: Following extensive defense investigation and argument, the State agreed to DISMISS the charge of Criminal Sexual Conduct before trial.

State of Minnesota v. A.W.

Date: November 17, 2010
Charge: Fourth Degree DWI; Fourth Degree DWI over .08 within two hours
Trial Attorney: Debbie Lang
Trial Type: Pre-trial Conference
Outcome: Despite .14 test result – Ms. Lang successfully obtained rescission of the license revocation and negotiated a Careless Driving in the criminal case.  The client did not lose their license and avoided an alcohol-related offense.

State of Minnesota v. C.B.

Date: November 19, 2010
Charge: Felony Insurance Fraud
Trial Attorney: Debbie Lang
Trial Type: Contested Omnibus Hearing
Outcome: Following a Contested Omnibus Hearing the State agreed to dismiss the charges in their entirety.

State of Minnesota v. Anderson

Date: July 8, 2010
Charge: Gross Misdemeanor Driving While Intoxicated
Trial Attorney: Caplan Law Firm
Trial Type: Omnibus Hearing
Outcome: Mr. Clippert challenged the unlawful arrest for DWI and the District Court granted the motion and charges were dismissed.

State of Minnesota v. A.B.

Date: July 8, 2010
Charge: Gross Misdemeanor Test Refusal and 4th Degree Driving While Intoxicated
Trial Attorney: Caplan Law Firm
Outcome: Mr. Clippert brought a successful legal challenge to the refusal count.  The case resolved with a non-alcohol related traffic offense with no loss of driver’s license.

Brehm v. Commissioner of Public Safety

Date: February 17,2010
County: Anoka
Charges: Driving While Under the Influence
Trial Type: Implied Consent Hearing
Outcome: After contested hearing, Judge granted motion to Rescind the Revocation of Brehm’s driver’s license.

State of Minnesota v. Belter

Date: March 30,2010
County: MN Court of Appeals
Charges:  Appeal of Conviction for 2nd Degree Criminal Sexual Conduct and 2nd Degree Assault
Trial Attorney: Charles Clippert
Trial Type: Oral Argument
Outcome:  The Supreme Court granted review and remanded to the Court of Appeals. The Court of Appeals found that the trial court had improperly instructed the jury during trial and sent the case back to district court for further proceedings.

State of Minnesota v. J.K.

Date: January 8, 2010
County: Blue Earth
Charges: Impersonating a Police Officer
Trial Attorney: Debbie Lang
Trial Type: Contested Motion
Outcome: Following written submissions by defense, prosecutor agreed with Ms. Lang’s argument and Dismissed all charges.

State of Minnesota v. K.W.

Date: December 09 2009
County: Chisago (2009)
Charges: 4th Degree Driving While Intoxicated and Gross Misdemeanor Refusal (K.W. has commercial driver’s license. Any alcohol-related offense would have resulted in a 1 yr cancellation of his CDL and cost him his job.)
Trial Attorney: Charles Clippert
Trial Type: Implied Consent Hearing
Outcome: Mr. Clippert got the revocation rescinded and was able to negotiate the charge down to a careless driving.

State of Minnesota v. Mohamoud

Date: October 29 2009
County: Ramsey (2009)
Charges: Obstructing Legal Process; Possession of a Pistol without a Permit (Gross Misdemeanor)
Trial Type: Contested Omnibus Hearing
Outcome: Filed motions to dismiss based on recent case law; State dismissed charges the day before the contested hearing.

State of Minnesota v. M.J.C.

Date: October 19 2009
County: Hennepin (2009)
Charges: Possession of Child Pornography
Trial Attorney: Allan Caplan
Trial Type: Suppression Hearing
Outcome: Mr. Caplan attacked the validity of the search warrant which yielded evidence of child pornography. All charges were dismissed.

State of Wisconsin v. S.L.H.

Date: October 19 2009
County: St. Croix (2009)
Charges: Physical Abuse of a Child (Felony)
Trial Attorney: Allan Caplan
Outcome: Mr. Caplan worked with the Prosecutor to get the charges dismissed.

State of Minnesota v. B.R.T.

Date: September 30 2009
County: Ramsey (2009)
Charges: 1st Degree Criminal Sexual Conduct and 3rd Degree Criminal Sexual Conduct
Trial Attorney: Debbie Lang
Trial Type: Jury
Jury Verdict: Jury returned verdicts of NOT GUILTY on all counts.

State of Minnesota v. M.F.P.

Date: September 30 2009
County: Ramsey (2009)
Charges: 1st Degree Criminal Sexual Conduct and 3rd Degree Criminal Sexual Conduct
Trial Attorney: Allan Caplan
Trial Type: Jury
Jury Verdict: Jury returned verdicts of NOT GUILTY on all counts.

Cao v. Court of Appeals

Date: September 01 2009
County: Anoka (2009)
Charges: Third Degree Criminal Sexual Conduct
Trial Attorney: Charles Clippert
Trial Type: Appeal before the Court of Appeal
Outcome: While represented by another law firm, Cao was convicted. Mr. Clippert was hired for the Appeal and won; new trial scheduled.

Commissioner of Public Safety v. Wick

Date: August 12 2009
County: Chisago (2009)
Charges: Fourth Degree Driving While Intoxicated and Third Degree Test Refusal
Trial Attorney: Charles Clippert
Trial Type: Implied Consent Hearing
Outcome: License revoked based on opinion that Def. had refused breath test; Court ruled that Def. had not refused and reinstated license

State of Minnesota v. Matlock

Date: August 04 2009
County: Dakota (2009)
Charges: Murder in the 2nd Degree (Aiding & Abetting an Offender)
Trial Attorney: Joseph Tamburino
Trial Type: Jury Trial
Outcome: State unable to meet its burden at trial. Charges dismissed without prejudice.

Paulson v. Commissioner of Public Safety

Date: July 17 2009
County: Ramsey (2009)
Charges: Fourth Degree Driving While Intoxicated
Trial Attorney: David Risk
Trial Type: Implied Consent Hearing
Outcome: Judge granted Mr. Risk’s Motion to Order the State to produce the Source Code for the Intoxilyzer 5000.

State of Minnesota v. Vang

Date: June 19 2009
County: Ramsey (2009)
Charges: Second Degree Assault; Three Counts of Terroristic Threats
Trial Attorney: Debbie Lang
Trial Type: Jury
Jury Verdict: Judge granted Ms. Lang’s motion to exclude stmts of several witnesses. After cross exam of victim, State dismissed all charges.

State of Minnesota v. Schleicher

Date: May 21 2009
County: Stearns (2009)
Charges: Underage Consumption; Obstructing Legal Process; Failure to Leave a Loud Party
Trial Type: Contested Omnibus Hearing
Outcome: After lengthy hearing, Judge granted motions to strike language from search warrant & dismiss two criminal counts.

Audette v. Commissioner of Public Safety

Date: May 21 2009
County: Anoka (2009)
Charges: Fourth Degree Driving While Under the Influence
Trial Type: Implied Consent Trial
Outcome: Judge granted Motion to Order the State to produce the Source Code for the Intoxilyzer 5000; Revocation rescinded.

Nihart v. Commissioner of Public Safety

Date: May 21 2009
County: Dakota County (2009)
Charges: Fourth Degree Driving While Under the Influence
Trial Type: Implied Consent Hearing
Outcome: Judge granted Motion to Order the State to produce the Source Code for the Intoxilyzer 5000; Revocation rescinded.

Breitenfield v. Commissioner of Public Safety

Date: May 21 2009
County: Hennepin (2009)
Charges: Fourth Degree Driving While Under the Influence
Trial Type: Implied Consent Trial
Outcome: Judge granted Motion to Order the State to produce the Source Code for the Intoxilyzer 5000; Revocation rescinded.

State of Minnesota v. Dorn

Date: May 21 2009
County: Blue Earth (2009)
Charges: Fourth Degree Driving While Under the Influence
Trial Type: Contested Omnibus Hearing
Outcome: Judge granted Motion to Compel the Blood Test. Because blood test kit had been destroyed, blood test was suppressed.

Buckanaga v. Minnesota Court of Appeals

Date: May 04 2009
County: Becker (2009)
Charges: Buckanaga was convicted of 1st Degree Criminal Sexual Conduct while represented by appointed counsel. Attorney Charles Clippert handled the Appeal to the MN Court of Appeals.
Trial Attorney: Charles Clippert
Outcome: Mr. Clippert successfully argued that the case should be remanded to district court base on improper closing of courtroom.

State of Minnesota v. Waite

Date: April 30 2009
County: Washington (2009)
Charges: First Degree Criminal Sexual Conduct
Trial Type: Prior to Jury Trial
Outcome: Conducted investigation of 15+ witnesses feeling the police investigation was incomplete; Prosecutor dismissed charges

State of Minnesota v. Metcalf

Date: April 28 2009
County: Court of Appeals (2009)
Charges: Attorney Risk challenged the legality of the stop & the defendant’s right to counsel in the District Court case involving a charge of Driving While Intoxicated. The Judge agreed and dismissed the charges. The State then filed an Appeal contending that the District Court erred in suppressing the evidence and dismissing the criminal charges against Metcalf.
Trial Attorney: David Risk
Outcome: The MN Court of Appeals affirmed the District Court’s decision – case closed.

State of Minnesota v. Stokes

Date: February 19 2009
County: Ramsey County (2009)
Charges: Two counts of Gross Misdemeanor 3rd Degree DWI
Trial Attorney: Debbie Lang
Trial Type: Contested Omnibus Hearing
Outcome: Ms. Lang’s motion for preclusion of out-of-state prior DWI was granted. Two charges were dismissed.

State of Wisconsin v. Rieke

Date: January 29 2009
County: St. Croix County (2009)
Charges: Two counts of Felony Operating a Motor Vehicle While Under the Influence (OWI)
Trial Attorney: Allan Caplan
Trial Type: Jury Trial
Jury Verdict: After 2-1/2 hours of deliberation, the Jury found Mr. Rieke NOT GUILTY of both felony OWI charges.

Proctor v. Commissioner of Public Safety

Date: January 28 2009
County: Washington (2009)
Charges: 2nd Degree Driving While Intoxicated
Trial Type: Implied Consent Trial
Outcome: Judge granted motion to compel the source code to the Intoxilyzer 5000; revocation of driving privileges rescinded.

Guimont v. Commissioner of Public Safety

Date: January 28 2009
County: Sherburne (2009)
Charges: Implied Consent Hearing
Trial Attorney: Debbie Lang
Trial Type: Implied Consent Hearing
Outcome: Following testimony & argument, Judge granted Ms. Lang’s motion to rescind the revocation based on an illegal stop of vehicle.

State of Minnesota v. Guimont

Date: January 28 2009
County: Sherburne (2009)
Charges: 4th Degree Driving While Intoxicated (over .08)
Trial Attorney: Debbie Lang
Trial Type: Pre-trial Hearing
Outcome: Prosecutor dismissed all charges based on a ruling in the IC Hearing deeming the Defendant’s stop was unconstitutional.

State of Minnesota v. B.P.

Date: January 28 2009
County: Anoka (2009)
Charges: 3rd Degree Driving While Intoxicated
Trial Type: Implied Consent Hearing
Outcome: Judge granted motion to compel the source code to the Intoxilyzer 5000; revocation of driving privileges rescinded.

Darmody v. Commissioner of Public Safety

Date: January 06 2009
County: Dakota (2008)
Charges: Implied Consent Hearing
Trial Attorney: Charles Clippert
Trial Type: Implied Consent Hearing
Outcome: Upon Motion of Mr. Clippert, Judge rescinded client’s license revocation

State of Minnesota v. Garman

Date: November 05 2008
County: Hennepin (2008)
Charges: Gross Misdemeanor Third Degree BWI (Boating While Intoxicated); Gross Misdemeanor Third Degree BWI over .08
Trial Attorney: Allan Caplan
Trial Type: Jury Trial
Jury Verdict: Not Guilty on both charges
Outcome: Although Mr. Garman admitted to driving the boat & his alleged blood alcohol concentration was .13, the jury acquitted him.

State of Minnesota v. N.R.

Date: September 15 2008
County: Hennepin (2008)
Charges: Disorderly Conduct and Interfering with Pedestrian
Trial Attorney: Charles Clippert
Trial Type: Pre-Trial Hearing
Outcome: Charges dismissed at the Pre-Trial Hearing.

Farrow v. Commissioner of Public Safety

Date: September 15 2008
County: Wright (2008)
Charges: Implied Consent Hearing
Trial Attorney: Charles Clippert
Trial Type: Implied Consent Hearing
Outcome: Client’s license revocation rescinded after the Commissioner failed to disclose the intoxilyzer source code.

State of Minnesota v. Bjorklund

Date: August 27 2008
County: Wright (2008)
Charges: Harassment Restraining Order
Trial Attorney: Allan Caplan
Trial Type: Harassment Restraining Order Hearing
Outcome: Following testimonial hearing and counsel’s arguments, Judge dismissed the Harassment Restraining Order against Bjorklund.

State of Minnesota v. Mrozek

Date: August 27 2008
County: Hennepin (2008)
Charges: Domestic Assault
Trial Attorney: Debbie Lang
Trial Type: Prior to Jury Trial
Outcome: Ms. Lang conducted investigation and convinced the prosecutor to dismiss the charges in their entirety prior to trial.

State of Minnesota v. Roques

Date: August 27 2008
County: Hennepin (2008)
Charges: Order for Protection
Trial Attorney: Joseph Tamburino
Trial Type: Order for Protection Hearing
Outcome: After presentation of the facts by Mr. Tamburino, the Judge dismissed the Order for Protection against Roques.

State of Minnesota v. Schiller

Date: August 18 2008
County: Ramsey (2008)
Charges: Driving While Intoxicated 4th Degree
Trial Type: Contested Omnibus Hearing
Outcome: Filed a Motion to Dismiss contending the officer’s stop was illegal; Motion was granted; all charges dismissed.

State of Minnesota v. Gertz

Date: August 14 2008
County: Anoka (2008)
Charges: Felony Controlled Substance and Fleeing a Peace Officer
Trial Type: Prior to Jury Trial
Outcome: Charges dismissed after Caplan & Tamburino Law Firm filed Motions to Dismiss because the officer’s search of Gertz was illegal.

State of Minnesota v. R.J.

Date: August 11 2008
County: Ramsey (2008)
Charges: Criminal Sexual Conduct 1st Degree
Trial Type: Investigation
Outcome: Conducted investigation; had numerous discussions with Detective, who ultimately declined to submit case for charging.

Bobby Joe Watne v. Harold Edwin Bjorlund

Date: August 11 2008
County: Wright (2008)
Charges: Harassment/Restraining Order
Trial Attorney: Allan Caplan
Trial Type: Harassment Hearing
Outcome: Watne accused Bjorklund of pulling a gun & threatening to kill him. Mr. Caplan litigated the case. Judge dismissed case.

Linski v. Commissioner of Public Safety

Date: July 17 2008
County: Ramsey (2008)
Charges: Driving While Intoxicated 2nd Degree (Implied Consent)
Trial Type: Implied Consent Hearing
Outcome: Revocation of Linski’s driver’s license was rescinded because arresting officer lacked probable cause for arrest.

State of Minnesota v. Baumgartner

Date: June 25 2008
County: Dakota (2008)
Charges: Felony Terroristic Threats
Trial Type: Contested Omnibus Hearing
Outcome: Judge granted Motion to Dismiss based on Caplan & Tamburino Law Firm’s State v. Florence probable cause hearing. All charges dismissed.

State of Minnesota v. Kelly

Date: May 22 2008
County: Dakota County (2008)
Charges: Harassment/Stalking (Gross Misdemeanor)
Trial Type: Pretrial
Outcome: Charges dismissed. Convinced Co. Atty to dismiss charges after extensive investigation of alleged victim.

State of Minnesota v. Kelly

Date: May 22 2008
County: Dakota (2007)
Charges: Terroristic Threats (Felony)
Trial Type: Prior to First Appearance
Outcome: Charges dismissed. Convinced Co. Atty to dismiss charges after extensive investigation of alleged victim.

Hurley v. Commissioner of Public Safety

Date: May 22 2008
County: Dakota County (2008)
Charges: Implied Consent Hearing (.20)
Trial Type: Implied Consent Hearing
Outcome: Case dismissed. License revocation was rescinded because State could not produce Intoxilyzer source code.

State of Minnesota v. Johnson

Date: May 02 2008
County: Anoka (05/01/08)
Charges: DWI (Breath Test .19)
Trial Type: Jury Trial (negotiation before trial)
Outcome: DWI charges dismissed; client plead guilty to Careless Driving

State of Minnesota v. John Doe

Date: April 30 2008
County: Dakota (2008)
Charges: Criminal Sexual Conduct in the 1st Degree (Investigation)
Outcome: Conducted a private investigation while client was being investigated. County Attorney then declined charging client.

State of Minnesota v. Garcia

Date: April 02 2008
County: Hennepin (2008)
Charges: Assault
Outcome: Charges dismissed

State of Minnesota v. Bullock (IC Hearing)

Date: April 02 2008
County: McLeod (2008)
Charges: Implied Consent
Trial Type: Implied Consent Hearing
Outcome: Commissioner of Public Safety rescinded the implied consent revocation based on unconstitutional search & seizure

State of Minnesota v. Bullock

Date: February 05 2008
County: McLeod (2008)
Charges: 3rd Degree DWI/Refusal; 4th Degree DWI
Trial Type: Contested Omnibus Hearing
Outcome: Argued for dismissal of all charges; Judge dismissed all charges & ruled that officer violated 4th Amend. rights of Bullock

State of Minnesota v. Frandrup

Date: February 04 2008
County: Wadena (2008)
Charges: 3rd Degree Criminal Sexual Conduct; 4th Degree Criminal Sexual Conduct; 5th Degree Criminal Sexual Conduct
Trial Attorney: Joseph Tamburino
Outcome: Prior to jury trial, the State dismissed case pursuant to extensive private investigation conducted by defense counsel

State of Minnesota v. Frandrup

Date: February 04 2008
County: Wadena (2007)
Charges: 1st Degree Criminal Sexual Conduct
Outcome: Charge dismissed on Defense Motion to Dismiss for Lack of Probable Cause

Sularz v. Commissioner of Public Safety

Date: January 11 2008
County: Hennepin (2008)
Charges: Implied Consent – Civil Revocation of Driving Privileges
Trial Attorney: Debbie Lang
Trial Type: Implied Consent Hearing
Outcome: Motion to rescind revocation granted and stop deemed unconstitutional. Client will not experience license revocation.

Knauer v. Thompson

Date: January 11 2008
County: Hennepin (2007)
Charges: Knauer brought action seeking Harassment Restraining Order against our client (Thompson)
Trial Attorney: Allan Caplan
Outcome: Following trial, Knauer’s Order denied. The Harassment Restraining Order was not issued against our client (Thompson)

Thompson v. Wright

Date: January 11 2008
County: Hennepin (2007)
Charges: Petition for Harassment Restraining Order on behalf of our client (Thompson)
Trial Attorney: Allan Caplan
Outcome: Following trial, Order granted in favor of our client (Thompson)

State of Minnesota v. Nikhomvan

Date: December 12 2007
County: Scott & Dakota (2007)
Charges: DWI 4th Degree and Underage Drinking
Outcome: Motion to Supress Evidence granted; charges dismissed

State of Minnesota v. Leonard

Date: December 12 2007
County: Scott (2007)
Charges: Hit & Run; Leaving Scene of Accident; Driving with Due Care; Driver Failed to Report Crash
Outcome: Charges dismissed

State of Minnesota v. Green

Date: November 16 2007
County: Hennepin County (2007)
Charges: Gross Misdemeanor Theft
Trial Type: Settlement Conference
Outcome: Charge dismissed

State of Minnesota v. Green

Date: November 16 2007
County: Hennepin (2007)
Charges: Felony Theft (2 Counts)
Trial Type: Omnibus Hearing
Outcome: Both charges were dismissed

State of Minnesota v. Dorn

Date: November 13 2007
County: Anoka (2007)
Charges: 3rd Degree Criminal Sexual Conduct
Trial Attorney: Joseph Tamburino
Trial Type: Jury
Jury Verdict: Not Guilty

State of Minnesota v. Osemeka

Date: November 13 2007
County: Hennepin (2007)
Charges: 3rd Degree Criminal Sexual Conduct
Trial Attorney: Joseph Tamburino
Trial Type: Jury
Jury Verdict: Not Guilty

State of Minnesota v. Williams

Date: November 13 2007
County: Washington (2007)
Charges: 3rd Degree Criminal Sexual Conduct
Trial Attorney: Joseph Tamburino
Trial Type: Jury
Jury Verdict: Not Guilty

Bernhagen v. Bernhagen

Date: October 10 2007
County: Hennepin (2007)
Charges: Petitioner filed a Motion for a Restraining Order against Respondent
Trial Attorney: Allan Caplan
Trial Type: Evidentiary Hearing
Outcome: Judge withdrew the Temporary Restraining Order and dismissed the Motion for a Restraining Order

State of Minnesota v. Mattson

Date: October 08 2007
County: Goodhue (2007)
Charges: Domestic Assault (Felony)
Trial Type: Probable Cause Hearing
Outcome: Judge dismissed case as lacking sufficient reasonable and probable cause. Charges dropped.

Trudell v. Commisioner of Public Safety

Date: September 21 2007
County: Hennepin (2007)
Charges: 4th Degree DWI
Trial Attorney: Debbie Lang
Trial Type: Implied Consent Hearing
Outcome: Following hearing, stop was deemed unconstitutional. License revocation was rescinded.

State of Minnesota v. Mork

Date: September 20 2007
County: Hennepin (2007)
Charges: 4th Degree DWI
Trial Type: Jury Trial Setting/Negotiation
Outcome: Negotiated a Stay of Adjudication which results in no DWI

State of Minnesota v. Trentman-Orrill

Date: September 14 2007
County: Dakota (2007)
Charges: Felony Fleeing
Outcome: Charges thrown out; case dismissed.

State of Minnesota v. McCabe

Date: August 24 2007
County: Hennepin (2007)
Charges: 3rd Degree Criminal Sexual Conduct
Trial Attorney: Allan Caplan & Debbie Lang
Trial Type: Jury
Jury Verdict: Not Guilty

State of Minnesota v. Maniffa

Date: August 21 2007
County: Hennepin (2007)
Charges: 1st Degree Criminal Sexual Conduct (Investigation)
Outcome: Based on exculpatory evidence, convinced Mpls Sex Crimes Unit Detective to drop criminal investigation.

State of Minnesota v. Ogunti (Liberian Soccer Shooting)

Date: August 10 2007
County: Hennepin (Aug 2007)
Charges: Assault in the 2nd Degree
Trial Type: Omnibus Hearing
Outcome: Judge granted Motion for Dismissal arguing the complaint lacked probable cause. All charges dismissed.

State of Minnesota v. Martin

Date: August 07 2007
County: Washington (2007)
Charges: Domestic Assault and Interference with 911 Call
Trial Type: Jury
Outcome: Based on a Crawford/Davis Motion, all charges were dismissed.

State of Minnesota v. Halligan

Date: August 07 2007
County: Dakota (2007)
Charges: 4th Degree DWI
Trial Type: Pre-Trial
Outcome: State dismissed DWI after Caplan & Tamburino Law Firm won the Implied Consent Hearing by proving the traffic stop was illegal.

State of Minnesota v. Houlihan2

Date: August 07 2007
County: Dakota (2007)
Charges: Criminal Sexual Conduct in the 1st Degree (investigation)
Trial Type: No trial – Eagan City Detective was pursuing 1st Degree Criminal Sexual Conduct charges against Defendant
Outcome: With the help of a private investigator, was able to convince the investigating Detective to drop the case.

State of Minnesota v. Heckenlaible

Date: July 31 2007
County: Hennepin (2007)
Charges: DWI 2nd Degree (Boating While Intoxicated)
Trial Attorney: Allan Caplan
Trial Type: Evidentiary Hearing
Outcome: Judge dismissed all charges.

Halligan v. Commissioner of Public Safety

Date: July 26 2007
County: Dakota (2007)
Charges: Implied Consent Revocation (DWI .13)
Outcome: Revocation rescinded because traffic stop was illegal and plaintiff’s right to counsel was not vindicated

State of Minnesota v. Darnell

Date: July 18 2007
County: Dakota (2007)
Charges: Felony DWI
Trial Attorney: David Risk
Trial Type: Judge
Outcome: Ruled unconstitutional to enhance DWI to a Felony based on prior Implied Consent license revocation

State of Minnesota v. Johnson

Date: January 23 2007
County: Wright (2007)
Charges: 2nd Degree Driving While Impaired; 2nd Degree Driving While Impaired 2nd Offense (over .08)
Trial Type: Contested Omnibus Hearing
Outcome: All Charges Dismissed

State of Minnesota v. Parson

Date: January 23 2007
County: Anoka (2006)
Charges: 3rd Degree Criminal Sexual Conduct
Trial Attorney: David Risk
Trial Type: Jury Trial
Jury Verdict: Not Guilty

State of Minnesota v. Luttman

Date: January 23 2007
County: Anoka (2006)
Charges: 2nd Degree Driving While Impaired (gross misdemeanor); 2nd Degree Driving While Impaired (over .08)
Trial Attorney: Debbie Lang
Trial Type: Implied Consent & Motion to Dismiss Criminal Proceeding
Outcome: Implied Consent won; Revocation of drivers license rescinded; criminal charges dismissed per Ruling

State of Minnesota v.  Walters

Date: January 23 2007
County: Hennepin (2006)
Charges: Domestic Assault; Disorderly Conduct
Trial Attorney: Allan Caplan & Debbie Lang
Trial Type: Jury Trial
Jury Verdict: Not Guilty on both counts

State of Minnesota v. Berres

Date: January 23 2007
County: Hennepin (2006)
Charges: 4th Degree Driving While Impaired; 4th Degree Driving While Impaired (over .08) (tested at .16)
Trial Attorney: David Risk
Trial Type: Jury Trial
Jury Verdict: Not Guilty on both counts

State of Minnesota v. Andrist

Date: January 23 2007
County: Hennepin (2006)
Charges: 1st Degree DWI (felony); 1st Degree DWI (over .08)
Trial Attorney: Debbie Lang
Trial Type: Notice of Motion and Motion to Dismiss before Judge Swanson
Outcome: Motion to Dismiss is granted; charges dismissed

State of Minnesota v. Raja

Date: January 23 2007
County: Hennepin (2007)
Charges: Domestic Assault; Disorderly Conduct
Trial Attorney: Allan Caplan & Debbie Lang
Outcome: Case dismissed by Prosecutor

State of Minnesota v. Abdel-Karem

Date: January 23 2007
County: Hennepin (2006)
Charges: Controlled Substance Crime 1st Degree-Sale; Controlled Substance Crime 2nd Degree-Possession (two counts); and Controlled Substance Crime 3rd Degree-Possession
Trial Attorney: Allan Caplan & Debbie Lang
Trial Type: Supression of Evidence Hearing
Outcome: Evidence suppressed; case dismissed

State of Minnesota v. Brucker

Date: March 15 2007
County: Ramsey (2007)
Charges: Probation Violation (drinking alcohol)
Trial Attorney: David Risk
Trial Type: Contested Morrissey Hearing
Outcome: Not Guilty (issued by Judge)

State of Minnesota v. Schoffman

Date: March 15 2007
County: Kandiyohi (2007)
Charges: Probation Violation (drinking alcohol)
Trial Attorney: David Risk
Trial Type: Contested Morrissey Hearing
Outcome: Case dismissed by prosecutor

State of Minnesota v. Voxland

Date: March 15 2007
County: Hennepin (2007)
Charges: Fifth Degree Assault and Disorderly Conduct
Trial Type: Plea Negotiation before Trial
Outcome: Fifth Degree Assault charges dismissed; Continuance for Dismissal on Disorderly Conduct charge

State of Minnesota v. Grambart

Date: March 15 2007
County: Mille Lacs (2007)
Charges: Felony Fleeing a Peace Officer
Trial Type: Contested Omnibus Hearing
Outcome: Dismissed on Defense Motion for Lack of Probable Cause

State of Minnesota v. Olson

Date: March 15 2007
County: Mille Lacs (2007)
Charges: Felony Controlled Substance in the 5th Degree
Trial Type: Contested Probable Cause Hearing
Outcome: Felony charges dismissed; Defendant pled guilty to a non-criminal petty misdemeanor

State of Minnesota v. Mauer

Date: March 15 2007
County: Ramsey (2006)
Charges: Gross Misdemeanor DWI (3rd alcohol-related offense) (tested at .17)
Trial Type: Jury Trial
Outcome: Plea negotiation: Careless Driving (no jail, no community service, no sentence to service, no electronic home monitoring)

State of Minnesota v. Nelson

Date: March 15 2007
County: Ramsey (2005)
Charges: 3rd Degree Refuse Blood Alcohol Concentration Test (gross mismedeanor); 4th Degree Driving While Impaired (misdemeanor)
Trial Type: Jury Trial
Jury Verdict: Not Guilty All Counts

State of Minnesota v. Schaedler

Date: March 15 2007
County: Hennepin (2006)
Charges: 4th Degree Driving While Impaired (misdemeanor) (tested at .16)
Trial Type: Implied Consent Hearing
Outcome: Officer lacked probable cause for arrest; Driving privileges reinstated (2006); Criminal case reduced to Careless Driving

State of Minnesota v. Miller

Date: January 23 2007
County: Waseca (2006)
Charges: Four (4) counts of Criminal Sexual Conduct in the 2nd Degree
Trial Attorney: Allan Caplan & Debbie Lang
Trial Type: Jury Trial
Outcome: Not Guilty on all four counts

State of Minnesota v. Paulson

Date: June 07 2007
County: Anoka (2007)
Charges: 5th Degree Criminal Sexual Conduct
Trial Attorney: Allan Caplan
Trial Type: Court Trial
Outcome: Judge dismissed all charges

State of Minnesota v. Matthews

Date: May 31 2007
County: Ramsey (2007)
Charges: Criminal Damage to Property
Trial Type: Criminal Investigation
Outcome: Convinced investigating Detective evidence was not sufficient to proceed with charges to the County Attorney. Case closed.

State of Minnesota v. St. James

Date: May 31 2007
County: Dakota (2006)
Charges: Fifth Degree Domestic Assault; Disorderly Conduct
Trial Type: Jury Trial
Jury Verdict: Continuance for Dismissal (all charges will be dismissed after six months)

State of Minnesota v. Vondrashek

Date: April 23 2007
County: Washington (2007)
Charges: Underage Drinking & Driving (not a drop); Curfew Violation
Trial Type: Contested Omnibus Hearing
Outcome: All charges dismissed

State of Minnesota v. Drake

Date: April 23 2007
County: Hennepin (2006)
Charges: 5th Degree Assault; Disorderly Conduct
Trial Type: Trial
Outcome: State dismissed all criminal charges

State of Minnesota v. Ulrich

Date: March 28 2007
County: Hennepin (2007)
Charges: 2nd Degree DWI (third offense in 10 years); Forfeiture of Vehicle
Trial Type: Contested Omnibus Hearing
Outcome: All charges dismissed; vehicle returned to Defendant

State of Minnesota v. Drown

Date: March 28 2007
County: Hennepin (2007)
Charges: Third Degree Refusal to Submit to Testing; Fourth Degree DWI
Trial Type: Implied Consent
Outcome: Implied Consent Revocation rescinded because Defendant was incapable of refusing to submit to testing; DWI charges dismissed.

State of Minnesota v. Brucker

Date: March 15 2007
County: Ramsey (2007)
Charges: Probation Violation (drinking alcohol)
Trial Attorney: David Risk
Trial Type: Contested Morrissey Hearing
Outcome: Not Guilty (issued by Judge)