I have had over 100
OWI charges amended or dismissed all over the state of Wisconsin- the following are specific examples:
OWI Refusal
-Refusal dismissed and first offense OWI amended to failure to stop at stop sign.
-Convinced judge that police had failed to follow the law, resulting in judge dismissing a
refusal charge. Prosecutor subsequently amended the companion OWI to Reckless Driving, saving the client’s Commercial
Driver's License.
OWI First Offense -OWI First Offense amended to Reckless Driving
and dismissal of refusal charge on defense motion.
-OWI First Offense amended
to failure to stop at stop sign. Refusal and PAC charge dismissed.
-OWI
First Offense amended to Reckless Driving based on problems identified with anonymous tip.
-Convinced prosecutor to amend OWI First Offense to Reckless Driving after independent investigation revealed that
the arresting officer had no legal basis for the traffic stop.
-Convinced prosecutor to amend OWI First Offense to Inattentive Driving after motion hearing where police officer
admitted numerous mistakes in the process of administering field sobriety tests.
OWI Second Offense
-Negotiated
settlement of OWI Second Offense case to Reckless Driving based on failure of the police to establish the time of driving.
-Negotiated
amendment of OWI Second Offense to Reckless Driving after vigorous cross-examination of officer at an administrative suspension
hearing. OWI Third Offense
-Judge granted defense motion challenging officer's decision to pull vehicle over. All
evidence was suppressed and prosecutor was forced to dismiss the case.
-Negotiated amendment of OWI Third Offense to Negligent Operation of a Motor Vehicle based after judge granted motion
to strip test result of its presumption of admissibility.
-Successfully mounted collateral
attack in OWI Third Offense case, which resulted in a conversion of the case to OWI First; client served no
jail time and was able to keep his job.
-Successfully argued motion to suppress all
evidence in OWI Third Offense case where the officer believed that client was committing a traffic violation. Judge
found that officer had no basis to pull the client over.
-Convinced prosecutor to move for amendment of OWI Third Offense to Negligent Operation
of Motor Vehicle in the middle of trial after prosecutor failed to establish compliance with statutory requirements for breath-testing
machine.
OWI Fourth Offense
-Successfully collaterally attacked 2 prior convictions in OWI Fourth case, resulting
in the prosecutor amending the case to OWI Second. Saved client's commercial driving privileges.
-Successfully argued for amendment of OWI Fourth Offense to Reckless Driving after prosecutor
agreed that police violated client’s constitutional rights.
-Convinced prosecutor to dismiss OWI Fourth Offense, Hit and Run, Operating after Revocation,
and Inattentive Driving charges against client after defense investigation established significant problems in prosecution’s
ability to proceed.
OWI Fifth Offense
-Challenged prior conviction in felony OWI Fifth Offense, which resulted in preventing
the prosecution from being able to obtain a felony conviction.
-Convinced prosecutor to amend felony OWI
Fifth Offense case to misdemeanor Reckless Driving due to problem identified in the stop and arrest of the client.
-Successfully attacked prior conviction in felony OWI (5th) case, forcing the prosecutor
to amend to a misdemeanor. -Convinced
judge to strike prior conviction in OWI (5th) case, converting a felony to a misdemeanor and preventing the client
for going to prison.
OWI Eighth Offense
-Convinced judge to dismiss OWI (8th) charges based upon lack of probable
cause.
-Argued for invalidation of prior convictions in OWI (8th) case, saving client
from prison and loss of job.
OWI Homicide
-Convinced
judge to sentence client to probation in OWI Homicide - kept client out of prison.
-Successfully
argued for probation and four months jail in OWI Homicide case.
MARIJUANA/DRUGS/SEARCH WARRANTS
-Convinced prosecutor that police violated client's Fourth amendment rights in drug seizure case.
Prosecutor agreed to dismiss possession charge.
-Successfully argued
that police unlawfully searched client's vehicle, resulting in suppression of drug evidence and dismissal of criminal charge.
-Successfully challenged the ability of the State to prosecute a client for allegedly driving with marijuana in his
system. Prosecutor conceded the motion.
-Successfully
argued motion to suppress all evidence obtained as a result of a search warrant after convincing judge that the warrant was
improperly issued.
-Established
that police executed a warrant in an unreasonable manner, resulting in suppression of all evidence obtained in a drug raid
of client’s house.
-Persuaded prosecutor to dismiss drug charges
against college student, preserving his eligibility to receive financial aid.
-Convinced judge
to grant motion suppressing evidence seized in a marijuana grow operation after establishing that police coerced consent to
search.
-Manufacture of THC charge dismissed after motion to suppress evidence based on lack of
probable cause for issuance of search warrant.
-Successfully argued for dismissal of drug manufacture
charges based upon state's noncompliance with jurisdictional statute.
-Jury
found defendant not guilty in federal marijuana case.
-Jury found defendant not guilty in federal
cocaine case.
FELONY
ASSAULT, BATTERY, DISORDERLY CONDUCT
-Defended client facing
22 years in prison, charged with felony recklessly endangering safety and felony aggravated battery; jury found client
not guilty of all charges.
-Defended client charged with felony aggravated
assault and disorderly conduct; jury found him not guilty of all charges.
-Convinced prosecutor to dismiss charges of felony battery, false imprisonment, sexual
assault, and disorderly conduct charges, saving client’s job and livelihood.
-Successfully argued for amendment of felony reckless endangerment charge to be amended to civil ordinance based
on police responding to unreliable information.
-Convinced judge to order dismissal of felony battery charges after prosecution refused to comply with the law and
the court’s orders.
PROPERTY
CRIMES
-Persuaded prosecutor to reduce felony arson charges
to criminal damage to property after demonstrating inconsistencies in witness statements.
-Successfully argued for suppression of all evidence, including burglary tools and stolen items,
based on abuse of probation officer's search authority.
-Negotiated deferred conviction
disposition in felony burglary case.
SEX OFFENSES
-Successfully argued for dismissal of 3rd degree sexual assault charges at preliminary hearing
based on defense cross examination of witnesses. -Convinced prosecutor to dismiss sexual assault charges against a client by presenting evidence
obtained by defense investigation.
-Convinced judge to dismiss sexual assault charges by
presenting exculpatory evidence.
-Convinced DA to dismiss sexual assault charges after presenting
evidence of fabrication of the complaint.
-Successfully argued for dismissal of sexual assault
charge based on inconsistencies in state's evidence.
-In postconviction case, successfully moved
for the withdrawal of previously entered plea, which resulted in state being forced to dismiss felony sexual assault charges.
-Convinced DA to decline prosecution in first degree sexual assault case after proving that victim witness testimony
had been tampered with.
-Successfully argued for dismissal in third degree sexual assault case
based on evidence revealed by defense investigation.
FEDERAL COURT
-Jury found defendant not guilty in federal marijuana case.
-Jury found defendant not guilty in federal cocaine case.
-Federal
court dismissed child abuse charges.
-Convinced federal judge to grant
eight-level downward departure in wire fraud case: sentence reduced to time served.
-Convinced
US Attorney to dismiss drug conspiracy charges against gang member after establishing problems with government's case.
-Represented numerous criminal defendants in filings with US Supreme Court.
FORGERY, BANK FRAUD
-Forced
DA to dismiss criminal forgery charges after defense cross-examination of prosecution witnesses proved testimony to be unreliable.
-Convinced prosecutor to dismiss all charges in felony fraud case based on evidence secured by defense investigation.
