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CRIMINAL

 

HENNEPIN COUNTY

Jury acquitted client of two counts of Aiding and Abetting Armed Robbery in the First Degree. The not guilty verdicts came after a four-day trial. If convicted on either count, the client would have faced a mandatory minimum sentence of four years in prison. The maximum sentence the judge could have handed down was 40 years in prison and a $70,000 fine.

Negotiated a plea agreement in a DWI case which included an aggravating factor that upgraded the charge to a Gross Misdemeanor. We were able to obtain a deal where the prosecutor agreed to a non-jail sentence with a minimal fine. The client had been looking at a maximum of one year in jail and a $3,000 fine.

Client was charged with Domestic Assault and faced a maximum sentence of 90 days in jail and a $1,000 fine. After negotiations, the prosecutor agreed to suspend prosecution and recommend dismissal of the charge. Pursuant to this agreement the client is no longer being prosecuted for the charge, and as long as he does not get arrested for another incident in the next year, the court will dismiss the case.

Negotiated an agreement in a Credit Card Fraud case which will result in the case being dismissed. Client was facing two Felony counts, each which carried the potential of 5 years in prison and a $10,000 fine.

Client was facing a gross misdemeanor count of Engaging in Prostitution, as well as a misdemeanor count for the same offense. Negotiated a deal which only required probation, with no jail time. As part of the agreement, the gross misdemeanor charge was dismissed.

Client was arrested and charged with felony Domestic Assault by Strangulation. The County Attorney’s Office initially was requesting substantial jail time. Eventually, they came down on their offer and suggested probation. Although the Client thought about accepting the deal, she ultimately exercised her right to demand a jury trial. When we arrived on the morning of the trial, the prosecution reluctantly submitted a dismissal of the case.

Client was charged with misdemeanor Theft. After going to court only one time, we were able to get the charge dismissed.

Client was facing trial for two counts of Aggravated Robbery in the First Degree. If convicted on either of these counts, he would be looking at significant prison time. The prosecutor initially offered 70 months in prison, then eventually lowered the offer to 25 months in prison. The Client still exercised his Constitutional Right to a jury trial. When we arrived the morning of trial, we announced that we were ready for trial. Upon hearing this, the prosecutor announced that he was dismissing both charges and the Client was free to leave.

Client was arrested and charged with gross misdemeanor Domestic Assault with a Subsequent Offense and misdemeanor Disorderly Conduct. We negotiated a plea offer which called for the Domestic Assault to be amended down to a misdemeanor and the Disorderly Conduct charge dismissed. Although Client was still faced with the possibility of jail time, he was sentenced to probation with no jail time.

Client was charged with Theft and faced a maximum sentence of 90 days in jail and a $1,000 fine. After negotiations, the prosecutor agreed to a Continuance for Dismissal and recommend dismissal of the charge. Pursuant to this agreement the client is no longer being prosecuted for the charge, and as long as he does not get arrested for another incident in the next year, the court will dismiss the case.

Client received a citation for Driving with No Insurance. After meeting with a hearing officer, and providing information that she did indeed have insurance, we were able to receive a dismissal of the charge.

Client was charged with Careless Driving, Possession of Marijuana, Driving with No Insurance, and No Proof of Insurance. We successfully negotiated a deal that resulted in the dismissal of three out of the four charges. The Client received probation with no jail time.

RAMSEY COUNTY

Client was charged with Domestic Assault  and the case was set for trial. The prosecutor dismissed the case the morning of trial. If convicted, the client would have been exposed to a maximum penalty of 90 days in jail and a $1,000 fine.

Client was facing two misdemeanor counts of DWI and a petty misdemeanor citation for Open Bottle. Negotiated a resolution that did not call for any jail time. In addition, as part of the agreement, one of the DWI counts and the Open Bottle Violation were both dismissed.

Client was arrested and charged with felony Domestic Assault by Strangulation. After negotiations, the case was resolved with a Stay of Imposition; which means after successful completion of probation, the Client will only be convicted of a gross misdemeanor, and not a felony.

Client received a citation for Minor Consumption. After meeting with a hearing officer, we were able to receive a dismissal of the charge.

ANOKA COUNTY

On the morning of our scheduled Domestic Assault trial we announced to the Court that we were prepared for trial and requested the case be heard that day. After the lunch break, the prosecutor came back to the courtroom and dismissed the case. The Client was facing the potential of 90 days in jail and a $1,000 fine.

Client was charged with Violation of a Domestic Abuse No Contact Order, which is a Misdemeanor and punishable by 90 days jail and $1,000 fine. In this case we succesfully negotiated a resolution which only called for probation. In addition, once probation is completed, the charge will be certified as a Petty Misdemeanor, which is not a criminal offense (and thus keeps a criminal conviction off the Client’s record).

Client was charged with Theft by Swindle and accused of stealing a very large sum of money from a local youth organization over a period of a year. The County Attorney’s Office informed us at the first court date that they would be seeking significant jail time. Negotiations in this case went on for months, and just prior to sentencing the Judge put on the record that he felt the Client deserved to serve time in jail. In the end, we were able to successfully negotiate a very favorable resolution where the Client was only sentenced to probation with no jail time. In addition, once his sentence is complete, the conviction will be amended down from a felony to a gross misdemeanor.

CARVER COUNTY

Client was facing trial for a Domestic Assault charge. Negotiations continued on the morning of trial until the prosecutor agreed to amend the charge down to Disorderly Conduct. Although he was facing a maximum sentence of 90 days in jail and a $1,000 fine, the agreement only called for probation and a $300 fine.

Client was arrested and charged with a felony count of Terroristic Threats and misdemeanor count of Domestic Assault. In total, he faced the possibility of over 5 years in prison and $11,000 in fines. After discussions with the prosecutor a separate investigation was launched by the County Attorney’s office and the Carver County Sheriff’s Office. As a result of this investigation, it was discovered that the alleged victim’s credibility was less than stellar. Ultimately, the prosecution agreed to motion the court for a Continuance for Dismissal. Under this resolution, as long as the Client stays out of trouble, all charges will be dismissed.

Client was on probation for DWI when he was arrested on a new felony charge. This new arrest triggered a Violation of Probation. We were able to successfully negotiate a dismissal of the new felony charge. As a result, the court then dismissed the violation of probation. Since the Client had already completed all of his conditions of probation, the court also terminated probation and closed the file. Ultimately, the Client served 3 1/2 months less time on probation than the original sentence to the DWI.

Client was facing two counts of DWI and a citation for Driving over the Center Line. Negotiated a resolution that did not call for any jail time. In addition, as part of the agreement, one of the DWI counts and the Center Line Violation were both dismissed.

After going to Court, we were able to get Client’s petty misdeanor Speeding ticket dismissed.

Client was charged with DWI and Driving with No Insurance. We negotiated a resolution that did not call for any jail time. In addition, as part of the agreement, the misdemeanor No Insurance offense was dismissed.

Client was arrested and charged with two counts of gross misdemeanor DWI (second DWI within three years), Possession of Drug Paraphernalia, and Possession of Marijuana. Although the prosecution was initially requesting substantial jail time, we were able to negotiate a resolution which only called for 2 days of jail. Also, as part of the agreement, one of the gross misdemeanor counts of DWI, the Possession of Drug Paraphernalia, and the Possession of Marijuana were all dismissed.

Client was charged with gross misdemeanor Neglect of a Child. The County Attorney’s Office initially was offering a sentence that involved jail time. After negotiations, even though this offense could be punishable by up to a year in jail, we were able to resolve the case with probation and no jail time.

Client was charged with Domestic Assault and faced a maximum sentence of 90 days in jail and a $1,000 fine. After negotiations, the prosecutor agreed to a Continuance for Dismissal and recommend dismissal of the charge. Pursuant to this agreement the client is no longer being prosecuted for the charge, and as long as he does not get arrested for another incident in the next year, the court will dismiss the case.

DAKOTA COUNTY

Client was charged with Domestic Assault and had the potential of receiving 90 days in jail and a $1,000 fine. After speaking with the prosecutor we conducted our own investigation. We were able to provide the prosecutor with photos and other evidence that proved our client’s innocence in the case. Two weeks prior to trial the prosecutor dismissed the charges and the case is now closed.

Client pled to the charge of Malicious Punishment of a Child, which is a Gross Misdemeanor and carries the possible sentence 1 year in jail and a $3,000 fine. After a pre-sentence investigation, corrections recommended 30 days jail. At sentencing, the prosecutor requested the court to impose and execute 30 days jail. We were able to pursuade the court to not impose any jail time. In addition, the prosecutor and corrections both requested random drug and alcohol testing; we were able to convince the judge that these tests were not necessary in this case. The sentence handed down was 2 years probation with the condition that the Client successfully complete a parenting class. Once the probation is complete, the Court will certify the conviction as a Misdemeanor, instead of a Gross Misdemeanor.

Client was arrested and charged with Domestic Assault and Disorderly Conduct. Prior to making our first court appearance, we were to get both counts dismissed.

ISANTI COUNTY

While out on Conditional Release and awaiting trial, Client failed a drug test. The County Attorney’s Office attempted to revoke Client’s Conditional Release and charge him with a new criminal offense. In court, we successfully argued to the Judge that random drug tests were not a condition of his release, and as a result, the test was not voluntarily given and the result should be thrown out. The Judge agreed and the Client was given a new bond and the Violation of Conditional Release charge was dismissed.

SCOTT COUNTY

Client received a citation for Possession of Drug Paraphernalia. The prosecutor initially wanted the Client to pay a fine and be adjudicated of the offense. After expressing to the her that we felt the Client’s Constitutional Rights were violated by an unlawful search, we were able to negotiate a deal that resulted in a dismissal of the charge.

WASHINGTON COUNTY

Client was charged with Domestic Assault. After negotiations, the prosecutor amended the charge down to Disorderly Conduct. Although he was facing a maximum sentence of 90 days in jail and a $1,000 fine, the agreement only called for probation with no jail time.

WRIGHT COUNTY

Client was arrested for Domestic Assault and Assault. After a thorough review of the police reports and other evidence, we were convinced that the prosecution lacked evidence to prove all the elements of the crime, specifically that the Client had the intent to commit the charged crime. We spoke with the prosecutor about this lack of evidence several times. Although the Client faced the possibility of 90 days in jail and a $1,000 fine if convicted on either charge, we felt the cause was worth fighting. Eventually, 10 days prior to our scheduled trial date, the prosecution dismissed the case.

Client was arrested for Violation of Sex Offender Probation and charged with leaving his residence while on electronic monitoring. Probation was asking for a sentence of 150 days in jail. We successfully argued to the hearing officer and the Client received only a sentence of time served, which was approximately 30 days.

Client was facing two counts of Felony Assualt. We were able to work out a resolution where Client only had to plea to one count of Misdemeanor Assault, and both the felony counts were dismissed.

EXPUNGEMENT

HENNEPIN COUNTY

Client had a previous juvenile adjudication for a Misdemeanor, which hindered his ability to obtain gainful employment. After filing a Petition for Expungement, the court granted the request and the juvenile adjudication is now sealed from his record.

RAMSEY COUNTY

Client had a previous misdemeanor conviction for Disorderly Conduct. This conviction greatly affected his ability to gain a promotion at work. At the hearing on our Petition for Expungement, we successfully argued to the Court that the detriment to the Client outweighed the public’s right to know about the conviction. The Judge granted our request and sealed the conviction from the Client’s record.

CARVER COUNTY

Client had a previous juvenile adjudication for Theft, which has impacted her ability to obtain employment. At the hearing on our Petition for Expungement, the Assistant County Attorney objected to the court granting an Executive Branch expungement. After hearing arguments from both sides, the Judge granted both the Judicial expungement and the Executive Branch expungement.

CIVIL

HENNEPIN COUNTY

Successfully argued for the court to vacate a default judgment against our client, in an amount exceeding $8,000, which had been entered prior to being retained in the lawsuit. Eventually, the case was dismissed in our client’s favor.

ORDER FOR PROTECTION

HENNEPIN COUNTY

An ex-parte Order for Protection was issued against our client, the respondent. Client lives several states away and the petitioner, who resides in Hennepin County, expected the Client to simply ignore the ex-parte Order and allow it to become final. A final Order would greatly impact some of the Client’s constitutional rights, so he drove 19 hours for the hearing. At the hearing we successfully argued that there was insufficient evidence to support a finding of domestic abuse. The judge promptly dismissed the Petition for the Order for Protection and vacated the original ex-parte Order against our Client.

Client’s husband petitioned the court for an Order for Protection against the Client. At the beginning of the hearing we requested the judge dismiss the petition for failing to meet its burden on the face of the document. After reviewing the petition the Judge granted our Motion to Dismiss.

CARVER COUNTY

Client was claiming domestic abuse from her husband, and as a result we drafted and filed a Petition for an Order for Protection. A hearing was held Court and the Judge granted our Petition and ordered a permanent Order for Protection put in place to protect the Client.

MCLEOD COUNTY

An ex-parte Order for Protection was issued against our client, the respondent. Client elected to fight this Order and request a hearing. At the hearing testimony of the Petitioner (who claimed there was violence to obtain the Order) was taken. During cross examination many instances of holes in her story were brought to light. In addition, due to the Petitioner’s behavior in court, she was held in contempt. After the Petitioner’s testimony, the judge promptly dismissed the Petition for the Order for Protection and vacated the original ex-parte Order against our Client. This occured with out the Client ever having to testify in Court.

FAMILY COURT

ANOKA COUNTY

Represented client in a child custody case, which resulted in the client retaining full physical and legal custody of her son.

FEDERAL COURT

Represented Client who lived in Florida. In Minnesota a Federal lawsuit was brought against him ordering that he refrain from multiple business activities. We filed a Motion to Dismiss the Complaint against Client. After conducting a hearing in court, the Federal Magistrate Judge granted our Motion and dismissed all claims against the Client.

We represented Client in a federal lawsuit against a major bank in which we challenged the validity of a Foreclosure proceeding. After substantial negotiations the bank settledfor a monetary award in our Client’s favor. Client was also able to remain in the homefor over 8 months after the redemption period expired.

We represented Client in a federal lawsuit against a major bank in which we challenged the validity of a Foreclosure proceeding. After substantial negotiations the bank settled for a monetary award in our Client’s favor. Client was also able to remain in the home for over 4 months after the redemption period expired.

We represented Client in a federal lawsuit against a major bank in which we challenged the validity of a Foreclosure proceeding. After substantial negotiations the bank, we attended a Settlement Conference in Court. Although the Judge advised that we should settle for a small monetary amount, ultimately the bank agreed to settle for a substantial monetary award in our Client’s favor (An amount that was almost 5 times higher than their previous offer). Client was also able to remain in the home for over 2 years, rent free, after the Foreclosure process began.

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10.0Andrew Leone
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