Recent Criminal Defense Cases Our Lawyers Have Tried
Felony: Criminal Sexual Conduct in the Second Degree
Our 42 year old married client was charged with performing oral sex on his 12 year old neighbor girl. The girl would come over to take care of the dogs and perform light house cleaning duties. On one occasion 9 months earlier, the girl alleges that she was thrown to the bed, her pants were pulled down and she was assaulted against her will. It was further alleged by the Investigators that our client made an admission to them. The alleged victim and investigators were not credible.
Defense Attorney: Eric Hawkins & Shannon Elkins
JURY VERDICT: NOT GUILTY
DWI: Fourth Degree
Client and husband were rear ended by a drunk driver. Officers arrived spoke to client (driver seat) and husband (passenger seat) regarding accident. After multiple interactions through client's window, officer had client and husband get into his squad. While in squad, officer gave client a PBT - detected alcohol and arrested her for DWI. At station, client provided a breath test with a result of .09. Our office challenged the Implied Consent - Judge agreed that the officer did not have grounds to perform a PBT.
Defense Attorney: Shannon Elkins
License Suspension was Rescinded.
DWI charge was dismissed.
Felony: Criminal Sexual Conduct in the First Degree
Felony: Domestic Assault by Strangulation
Felony: Terroristic Threats
Client was charged with sexually assaulting his live in girlfriend. He was also charged with strangling her and threatening to kill her. The case ended after two days of trial.
Defense Attorney: Eric Hawkins
CASE DISMISSED DURING TRIAL
FEDERAL DRUG CASE
Indictment: Conspiracy to Manufacture and Distribute Marijuana
It was alleged by the Federal Government that client was growing and harvesting marijuana plants inside the home.
Defense Attorney: Shannon Elkins
INDICTMENT DISMISSED
Felony: Violation of Controlled Substance Law Fifth Degree - Possession
Police were doing survelence on an apartment building. Police arrested a person and after searching him, found an illegal drug in a plastic bag. Police said they later saw our client exit the same apartment building carrying a similar plastic bag in his hand. Police stopped his car and arrested him, finding an illegal drug in his possession.
Attorney: Shannon Elkins
CASE DISMISSED
Gross Misdemeanor: Carrying a Pistol without a Permit
Client was driving his car and pulled over in front of a house and exited vehicle. Police report that client appeared to pull over and walk away in an effort to avoid them. When arrested for driving with no proof of insurance, Police search trunk and find a handgun.
Attorney: Eric Hawkins
Carrying a Pistol without a Permit: DISMISSED
Felony: Aggravated Robbery and Felony Assault in the Second Degree
Client was charged with entering a bus, shooting the driver, and robbing the passengers at gunpoint, while not wearing a mask. In court, witnesses pointed at the client in front of the jury and testified that he was the shooter and robber.
Defense Attorney: Eric Hawkins
Jury Verdict: NOT GUILTY
Felony: Assault in the Third Degree
Client was a patient in a mental hospital. Client was accused of punching a nurse in the nose and breaking it. The prosecutor's doctor testified that our client knew what he was doing during the assault, and knew that it was wrong. Our doctor testified to the contrary.
Defense Attorney: Eric Hawkins
Jury Verdict: NOT GUILTY BY REASON OF MENTAL ILLNESS
Felony: Fleeing a Police Officer in a Motor Vehicle
Client was charged with leading multiple police cars on a chase through the city streets; three police officers testified that our client was trying to flee, until they captured him.
Defense Attorney: Eric Hawkins
Jury Verdict: NOT GUILTY
Felony: Prohibited Person in Possession of a Firearm
Client was at a house party when police executed a search warrant and raided the house. Client's jacket was hanging in the closet, and the police searched the client's jacket. In the pockets, the police found the client's Social Security card, birth certificate, and a gun.
Defense Attorney: Shannon Elkins
Jury Verdict: NOT GUILTY
Felony: Attempted Murder in the Second Degree, Assault in the First Degree, and Three Counts of Assault in the Second Degree
Client was charged with firing a gun into a car six times, shooting the passenger at close range three times, and pointing the gun at three other people. In front of the jury, witnesses and the alleged victim pointed to the client as the shooter.
Defense Attorney: Shannon Elkins
Jury Verdict: NOT GUILTY ON ALL COUNTS
Misdemeanor: Domestic Assault and Disorderly Conduct
The alleged victim called the police and said she had been assaulted. The police arrived and our client was arrested.
Defense Attorney: Shannon Elkins
Jury Verdict: NOT GUILTY ON BOTH COUNTS
Gross Misdemeanor: Carrying a Pistol without a Permit
Client was pulled over in a traffic stop for having tinted windows. The police officer testified that upon pulling him over he had smelled marijuana. A drug-sniffing dog searched the car twice, but no drugs or any evidence of marijuana was discovered. However, the police ripped out a center panel and found a gun.
Defense Attorney: Shannon Elkins
CASE DISMISSED BY COURT FOR LACK OF EVIDENCE DUE TO ILLEGAL SEARCH
Felony: Criminal Sexual Conduct in the Fourth Degree
Our twenty year old client was charged with having consensual sexual contact with a female under the age of sixteen, even though the girl had lied and said she was eighteen years old on a dating service phone line.
Defense Attorney: Shannon Elkins
CASE DISMISSED FOR LACK OF EVIDENCE
Felony: Attempted Aggravated Robbery, Simple Robbery, and Assault in the Second Degree
Our client was the driver of a car whose passenger got out and approached a stranger demanding to use his cell phone. When the stranger refused, the client's passenger pulled out a gun and threatened the person, demanding his money. The client was charged for aiding the conduct of his passenger.
Defense Attorney: Shannon Elkins
CASE DISMISSED FOR LACK OF PROBABLE CAUSE, LACK OF EVIDENCE
Felony: Domestic Assault - Strangulation
Gross Misdemeanor: Domestic Assault
Our client was charged with strangling and assaulting his girlfriend after a verbal argument. The alleged victim was on probation for previously assaulting our client and had only scratches after the alleged incident. Our office filed notice of self-defense.
Defense Attorney: Shannon Elkins
CASE DISMISSED FOR LACK OF EVIDENCE
Gross Misdemeanor: DWI blood alcohol content over .20
Our client was pulled over in motor vehicle. Client was clearly intoxicated. Preliminary breath test (PBT) apparatus was somehow poked into client's eye by police officer. At police station client waived rights to an attorney and took the Intoxilyzer Test. Client's cut eye required surgery. Defense attorney argued injury was intentional and resulted in client being fearful of further police brutality and therefore did not voluntarily waive his right to consult with an attorney before submitting to the Intoxilyzer Test.
Defense Attorney: Eric Hawkins
EVIDENCE OF INTOXILYZER TEST SUPPRESSED
CHARGE DISMISSED FOR LACK OF PROBABLE CAUSE
Client had three (3) different criminal cases with the following charges:
Client was considered a drug dealer from out of state while maintaining a drug business in Minnesota. Client was accused of the following charges in an attempt to protect his drug business. Our client was charged with aiding and abetting another defendant in the Murder and Rape of a pregnant woman and her teenage daughter. It was then alleged that the defendants attempted to burn down the apartment building where the victims were killed.
Client was facing three (3) life sentences for counts 1-3, not including all other counts and the other 2 cases. Based on Defense Attorney's Motion challenging constitutional violations and requesting dismissal of the Grand Jury Indictment case resolved as follows:
CASE 1 - Murder In The First Degree
Count 1: Aiding and Abetting Murder in the First Degree
Count 2: Aiding and Abetting Murder in the First Degree
Count 3: Aiding and Abetting Murder of an unborn child in the First Degree
Count 4: Aiding an Offender
Count 5: Accomplice After the Fact
Count 6: Racketeering
Count 7: Aiding and Abetting Controlled Substance Crime First Degree
Count 8: Aiding and Abetting Controlled Substance Crime Second Degree.
CASE 2
Felony - Aiding and Abetting Prohibited Person Possessing a Firearm
CASE 3
Felony - Aiding and Abetting Assault in the Second Degree.
Results
CASE 1:
Count 1: Dismissed
Count 2: Dismissed
Count 3: Dismissed
Count 4: Dismissed
Count 5: Pled Guilty to 60 months serve 40 months minus 18 months already served
and run sentence concurrent to an out of state sentence.
Count 6: Dismissed
Count 7: Dismissed
Count 8: Dismissed
CASE 2:
Dismissed
CASE 3:
Dismissed
