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A 19 year old Sheboygan man was charged with three counts of Felony Bail Jumping, facing a maximum penalty of 18 years confinement in prison. Attorney Brett T. Kaehne filed a motion in the case immediately, and was able to get one of the three charges dismissed outright. The prosecution alleged the young man violated his open Felony bond in another case by "committing a new crime." Attorney Kaehne correctly motioned the Court for dismissal as underage drinking is a civil ordinance, not a crime.

The remaining two Felony charges in the case stemmed from an anonymous citizen contacting the police department for a noise complaint at a residence, believed to be an underage drinking party. An officer arrived on scene on two separate occasions, and noted the house was dark and there were people whispering, but no noise. On the second response, our client and his friends were stopped and questioned as they were entering a vehicle near the alleged party. Our client was taken into custody and later charged with the three counts of Felony Bail Jumping.

After cross-examining the officer at a suppression hearing, Attorney Kaehne was able to establish the responding officer did not have the reasonable suspicion necessary to stop and question the client. All evidence obtained was excluded, and the prosecution had no choice but to dismiss the entire case

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Kirk Obear and Associates
603 South 8th St
Sheboygan, WI 53081

Phone: 920-395-3004
Fax: 920-395-2202
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