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.
Domestic Assault Charges Dismissed - Client was charged with Domestic Assault and Criminal Damage to Property. After thorough review by the Calvin P. Johnson 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.
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.
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.
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.
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.
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.”
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.
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.
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.
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.
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.
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.
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.
Charges Dismissed - 2nd Degree Assault charges, With a Weapon, were dismissed by the County Attorney.
Client accused of slugging alleged victim, and throwing hard object at another person. Matter was successfully diverted. Client received a Diversion, with nothing on client's record. Client's prospective career depended upon successful resolution of the criminal charges.
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.
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.
With the July 1, 2011 law change involving Ignition Interlock, charged with a first time DWI, alcohol concentration over .16, client faced a 1 year driver’s license revocation, and been required to place ignition interlock in their motor vehicle. Significantly, client was certified as being in violation of the implied consent law prior to July 1, the date that the law changed. Consequently, 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.
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.” In reality, the officer came upon the motor vehicle with the witness behind the driver’s seat. The defendant, accused, had called 911, asking for assistance, because the “witness” had assaulted the defendant. The officer believed that he could ask for a test from the defendant, based upon the officer’s observation that the seat in the motor vehicle was back too far for the witness to have driven it. However, there was no other evidence that the defendant had ever driven the vehicle. Interesting enough, the defendant was not charged with actual driving. He was only charged with refusing a test based upon the officer’s probable cause to believe that he was driving.
Client was charged with four counts of Violation of OFP.
Client was allowed to tender a plea to one count, and receive a stay of adjudication. As a consequent, the other count was dismissed in Blue Earth County. As a further consequence, the other two counts in Faribault County were continued for dismissal.
Consequently, the client will end up with nothing on client’s record, once probation is successfully completed.
DWI Second Degree, with two priors, and children in the motor vehicle. Client plead guilty to DWI-Third Degree.
Ignition Interlock imposed as a condition of probation instead of the mandatory minimum jail term. (90 days was presumed to be the mandatory minimum under the original charges.) Client invested significantly in issues of sobriety.
First charge DWI. Client was allowed to plead guilty to Careless Driving on a .13 breath test. Client dismissed Implied Consent Petition.
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.
Test Refusal Dismissed -Attorney Calvin Johnson negotiated a Gross Misdemeanor DWI/Test Refusal charge (the defendant's fifth life-time alcohol-related driving offense) to a 4th Degree DWI, with No Jail to serve.
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.