The list below is only a sampling of results over the past several years. My experience and understanding of the court system has resulted in hundreds of cases and charges being dismissed, and other cases successfully resolved without jail or with the initial charge being reduced or restructured to avoid a negative consequence for the client. However, every case is like a snowflake and outcomes of individual cases depend on the law and facts of each independent case.
For more detailed case studies, please check out Scott's Criminal Defense Case Studies page for additional victories and case information.
Case: 1st Degree Felony DUI Location:Andover, MN Maximum Penalty:A Felony DUI related offense is punishable by a maximum of 7 years in jail and/or a $14,000.00 dollar fine, or both. Facts: Client was arrested after admitting to drinking and failed a portable breath test after sliding off the road after several inches of snow had fallen. Result: Client was ordered to follow the recommendations of a chemical dependency assessment (which client had already completed) which addressed client's past alcohol issues and have no same or similar conduct during probationary period. By being remorseful, proactive with interlock, getting a chemical assessment and relapse treatment plan and having client prepared for his court date, the judge was persuaded that the mandatory minimum should not be imposed Sentence: Felony DUI charge was dismissed as well as the Gross Misdemeanor Driving after Cancellation
Case: 2nd Degree Gross Misdemeanor DUI Location:Maple Grove, MN Maximum Penalty:1 Year in Jail, $3,000 fine per offense Facts: Client was stopped by police after striking a pole, BAC tested considerably over .16. Client had a prior offense in the last 10 years - vehicle was forfeited due to the offense being a 2nd Degree Over. 08. Result: Received chemical dependency assessment - deal reached with prosecutor to avoid jail time and vehice was returned Sentence: 30 days home monitoring instead of jail time or workhouse, follow the recommendations of chemical dependency assessment
Case: 3rd Degree DUI, Refusal to Test, Criminal Damage to Property, Hit and Run Maximum Penalty:1 Year in Jail, $3,000 fine per offense Facts: Client stopped for rear ending another occupied vehicle causing injury, leaving the scene, refusing to take the Intoxilyzer test and being uncooperative with police. Result: Pled to 3rd Degree Refusal, dismiss all other charges Sentence: No jail time, fine of $200.00, attend DUI education class, 3 year administrative probation
Case: 4th Degree DUI, Over .08, Driving after Revocation Maximum Penalty: 90 days in jail, $1,000 fine per offense Facts: Client stopped for weaving and poor driving conduct and had a revoked driver’s license. Tested over .10 on PBT and Intoxilyzer. Result: Dismissed DUI and DAR, amended Over .08 to Careless Driving Sentence: No jail time, fine of $150.00, attend DUI education class, 1 year administrative probation
Case: 2nd Degree DUI, 2nd Degree Over .08 Maximum Penalty: 1 Year in Jail, $3,000 fine per offense Facts: Client stopped for failing to signal, tested .17 and had 2 children in car Result:Reduced to 3rd Degree Over .08, Dismiss all other charges Sentence: Serve 30 days in jail, all by electronic home monitoring, fine of $275, 3 year probation, good time allows for total of 18 days by electronic home monitoring
Case: Domestic Assault (Inflict Bodily Harm), 5th Degree Assault Maximum Penalty: 90 days in jail, $1,000 fine per offense Facts: Client alleged to have assaulted his girlfriend and her child. Result: Dismissed All Counts Sentence: Case dismissed, no costs, probation or fees
Case: Underage Drink and Drive Maximum Penalty: 90 days in jail, $1,000 fine Facts: Client, 19, driving erratically with friends in car, stopped and tested .04. Result: Amended and Reduced to Minor Consumption Sentence: Amended to Minor Consumption, fine of $275, no license revocation
Case: Domestic Assault (Inflict Bodily Harm), 5th Degree Assault Maximum Penalty: 90 days in jail, $1,000 fine per offense Facts: Client alleged to have assaulted his girlfriend while holding their child. Result: Stay of Imposition of Sentence on Disorderly Conduct Sentence: Stay of Imposition of Sentence on Disorderly Conduct, Vacate and Dismiss after 1 year, No same or similar, No jail time, $100 prosecution costs
Case: Driving without Insurance (Accident, Driving after Revocation Maximum Penalty: 90 days in jail, $1,000 fine per offense Facts: Client in accident without a valid license and no insurance. Result: Continue for Dismissal on No Insurance, Dismiss DAR Sentence: Continue for Dismissal, vacate and dismiss after 1 year, No same or similar, No jail time, $100 prosecution costs, pay restitution
Case: Offering of Forged Check (Felony), Possession of Stolen Checks (Felony) Maximum Penalty: 10 Years in jail, and/or $20,000 fine per offense Facts: Client behind on bills and rent, client receives a check from a friend that she is skeptical about but cashes anyway. Check was stolen and once cashed by client became a crime despite no involvement in the obtaining of the check. Result: Continue for Dismissal (Diversion) on Felony Charges Sentence: Continue for Dismissal, vacate and dismiss after 1 year, No same or similar, No jail time, Diversion Fee, no restitution
Case: 4th Degree Felony Assault on Police Officer Facts: Client was drinking heavily and was involved with police and ultimately spit at officers and was disorderly. Result:Stay of Adjudication Sentence: Stay of Adjudication for 3 Years, Dismiss case if follows conditions of probation, $50 fine, 30 hours Community Work Service, No same or similar, remain law abiding
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