MN CRIMINAL DEFENSE CASE VICTORIES

The following is a non-exhaustive selection of Mr. Wilson’s notable Minnesota criminal defense case victories.  

Please note, past case results do not predict or guarantee future same or similar case results.  Case outcomes are based on many factors that are unique to each case.

Second-Degree Assault Charge Dismissed; Stay of Imposition on Lesser Charge

Client was charged with Second-Degree Assault for an alleged gun-pointing incident.

Second-Degree Assault is a very serious felony crime in Minnesota, and carries a mandatory 36-month prison commitment term. 

Because of the seriousness of the charged offense and its mandatory prison term, it was one of the main goals in the case to get that charge dismissed either via a plea negotiation or via acquittal at trial.

After a thorough review of all the evidence in the case, including body-cam footage and other recordings, Mr. Wilson discovered inconsistencies and weaknesses in the State’s case, in addition to a possible self-defense claim.

After multiple hearings and discussions with the State, Mr. Wilson was able to negotiate a favorable case outcome including the dismissal of the Second-Degree Assault charge. The client pleaded to a lesser-included offense of .

The client served no jail time, only a minimum fine was imposed, and the client’s felony offense will be reduced to a misdemeanor upon the successful completion of their sentence.

FIRST-DEGREE BURGLARY CHARGE DISMISSED; STAY OF IMPOSITION ON AMENDED; LESSER CHARGE

Client was charged with (felony) First-Degree Burglary and Criminal Damage to Property for allegedly breaking into an occupied home.

First-Degree Burglary is a very serious felony in Minnesota, and carries a mandatory minimum  six-month prison or county workhouse sentence for burglary of an “occupied dwelling”; and up to 20 years of imprisonment and up to and including a $35,000.00 fine.

After demanding and reviewing all of the evidence in the case, including audio and video recordings, Mr. Wilson found several problems with the State’s case.  

Mr. Wilson discussed these issues with the prosecutor and was able to negotiate a favorable resolution where the First-Degree Burglary and Criminal Damage to Property charges would be dismissed, thus avoiding a mandatory 6-month prison sentence.  

As part of the plea deal, the client pleaded guilty to an amended, lesser included charge of Third-Degree Burglary, and imposition of the sentence was stayed.  

The Third-Degree Burglary conviction will be reduced to a misdemeanor upon the successful completion of the sentence.

STAY OF ADJUDICATION ON TSA AIRPORT GUN CHARGE

Client was charged with allegedly bringing a handgun through a TSA security checkpoint at an airport.

After demanding and reviewing all of the evidence in the case, Mr. Wilson negotiated with the prosecutor, including providing mitigating evidence in the case.

After several hearings and repeated discussions with the prosecutor, Mr. Wilson successfully negotiated a plea offer that would result in no conviction.

The adjudication of the client’s case was stayed, and will be dismissed upon the successful completion of their sentence.

DWI CHARGE DISMISSED; REDUCTION TO CARELESS DRIVING

Client was charged with Fourth-Degree DWI.

After a thorough review of the evidence in the case, Mr. Wilson discussed the case with the prosecutor and negotiated a plea deal that would result in the dismissal of the DWI charge and reduction to a Careless Driving.  The client received no jail time.

DOMESTIC ASSAULT CHARGE DISMISSED; STAY OF ADJUDICATION

Client was charged with domestic assault.

Domestic assault is a serious charge in Minnesota, and a conviction results in the permanent loss of firearms rights under both state and federal law.

Mr. Wilson demanded and reviewed all of the discovery in the case, including police officer bodycam video which included interviews with the alleged victim(s) in the case.

After reviewing the evidence, Mr. Wilson found several problems and weaknesses with the state’s case. 

After discussing these issues with the prosecutor, Mr. Wilson negotiated a plea deal that resulted in the dismissal of the domestic assault charge and a stay of adjudication/no conviction on a lesser included charge of non-physical violence disorderly conduct.

The adjudication of the client’s disorderly conduct charge was stayed with no conviction, and will be dismissed upon the successful completion of their probation.

Because of this favorable resolution, Mr. Wilson’s client did not permanently lose their firearm rights under state and federal law.

STAY OF IMPOSITION AND SIX COUNTS DISMISSED

Client was charged with four counts of criminal vehicular operation and three counts of DWI.

After reviewing all of the evidence in the case, including squad and officer video, Mr. Wilson discussed the case with the prosecutor and negotiated a plea deal.

Mr. Wilson’s client ultimately pleaded guilty to only one count of criminal vehicular operation and the remaining six counts were dismissed.

The judge stayed imposition of the sentence and the client received no jail time.

If Mr. Wilson’s client successfully completes two years of probation, his case will be reduced to a misdemeanor.

CONTINUANCE FOR DISMISSAL ON FAILURE TO DRIVE W/DUE CARE

Client was charged with failure to drive with due care because they allegedly committed an unsafe/careless driving maneuver.

Mr. Wilson reviewed all of the evidence in the case, and after discovering problems with the State’s case, Mr. Wilson negotiated a favorable resolution where his client’s case was continued for dismissal and ultimately dismissed, avoiding a conviction.

FELONY ASSAULT CASE DISMISSED

Client was charged with felony Second Degree Assault (Minn. Stat. Sec. 609.222) for allegedly brandishing a firearm.

This charge is very serious and has a maximum penalty of up to 10 years in prison and up to a $20,000.00 fine (or both.)

After a thorough review of all the evidence in this case, Mr. Wilson filed a motion to suppress evidence based on a violation of his client’s Fifth-Amendment rights and a contested hearing was scheduled.

At the contested hearing, the prosecutor voluntarily made a motion to dismiss the case.

The court accordingly dismissed the case and the client’s firearm was later returned to them.

FELONY THEFT CHARGE DIVERSION

Client was charged with felony theft.

After demand and review of the evidence in the case, Mr. Wilson negotiated with the prosecutor in the case for a diversion program for his client.

With the diversion program, the client avoided both pleading guilty to a crime and a resulting criminal conviction.

The case was ultimately dismissed upon successful completion of the diversion program.

The case was also be eligible for statutory expungement one year from the discharge date.

FELONY THEFT CHARGE DISMISSED

Client was charged with multiple counts of felony theft.

Upon review of the evidence and negotiating with the prosecutor in the case, the case was ultimately dismissed by the prosecutor.

ASSAULT CHARGE DISMISSED AND STAY OF ADJUDICATION

Client was charged with an alleged assault and claimed self defense.

Mr. Wilson thoroughly reviewed all of the evidence in the case and notified the prosecutor and court of the self defense claim (affirmative defense).

After setting the case for trial, the prosecutor ultimately agreed to dismiss the assault charge and also agreed to a stay of adjudication on a misdemeanor disorderly conduct offense (stay of adjudication requires an agreement with prosecutor).

The client avoided a criminal conviction and the case will be dismissed upon discharge of his one year probationary term.

HIT-AND-RUN CASE DISMISSED

Client was charged with allegedly hitting a vehicle and failing to notify the victim or police.

After a thorough investigation of the evidence, Mr. Wilson discovered major weaknesses in the State’s case.

Mr. Wilson discussed these issues with the prosecutor and notified him that he would be taking the case to trial if the case was not dismissed.

After reviewing the aforementioned issues discovered by Mr. Wilson, the prosecutor voluntarily dismissed the case.

GUN CHARGE DISMISSED

Client was charged with carrying a pistol while under the influence of alcohol.

Mr. Wilson filed a pretrial motion to dismiss the firearms charge based on lack of probable cause.

A motion hearing was held and Mr. Wilson cross-examined the police officer involved in his client’s arrest, which (in part) revealed that the charge lacked probable cause.

After the hearing, the judge took the case under advisement and ultimately granted Mr. Wilson’s request to dismiss the firearms charge for lack of probable cause.

The dismissal allowed Mr. Wilson’s client to regain his firearms carry permit that was temporarily lost due to the charge.

ASSAULT CHARGE DISMISSED AND CONTIUANCE FOR DISMISSAL

Client was charged with assault and disorderly conduct.

Mr. Wilson negotiated for and the prosecution agreed to dismiss the assault charge and continue the disorderly conduct charge for dismissal.

The case was ultimately dismissed after the client successfully completed the conditions of the one-year continuance.

THEFT CHARGE CONTINUED AND DISMISSED

Client was charged with theft.

Mr. Wilson reviewed the evidence and discussed the case with the prosecutor.

Mr. Wilson negotiated a continuance for dismissal if his client completed one year of probation with certain conditions.

Mr. Wilson’s client successfully completed the one year of probation and the charge was dismissed.

THIRD-DEGREE DWI CASE DISMISSED

Client was charged with Third-Degree DWI.

After reviewing the evidence, Mr. Wilson found that the state trooper made an unconstitutional stop of his client and other illegal procedures.

Mr. Wilson researched, drafted and submitted a pretrial motion to suppress evidence and upon the event of suppression, dismissal of the case for lack of probable cause, arguing that the state trooper’s traffic stop of his client was illegal and his client’s right to counsel prior to the blood test was not vindicated.

At the suppression hearing, Mr. Wilson cross examined the state trooper and offered a video of the stop into evidence.

The video evidence was a crucial element in showing that the trooper’s stop was illegal.

After the hearing, the Court held the state trooper made an illegal/unconstitutional traffic stop and granted an order suppressing evidence and dismissing the case based on lack of probable cause.

DWI AND OBSTRUCTION CASE DISMISSED

Client was charged with two counts of Third-Degree DWI and Gross Misdemeanor Obstruction of Legal Process.

After reviewing all of the evidence, Mr. Wilson discovered several constitutional and statutory violations by the officer involved in his client’s arrest.

Based on the aforesaid, Mr. Wilson researched, drafted and submitted a pretrial motion to suppress evidence and upon the event of suppression, dismissal of the case for lack of probable cause; and to dismiss the charges based on lack of probable cause.

Mr. Wilson argued that the police officer did not have have reasonable articulable suspicion to stop his client; that the complaint failed to establish the necessary probable cause for the DWI charge; and that the police officer did not follow proper testing procedure(s).

Mr. Wilson demanded a contested omnibus hearing for the court to hear these issue(s) and a hearing was schedule.

Just prior to the contested omnibus hearing, the prosecutor voluntarily dismissed all charges.

THEFT CASE DIVERSION AND DISMISSAL

Client was charged with receiving stolen property.

Mr. Wilson negotiated a pretrial diversion program for his client in which the prosecutor agreed to suspend prosecution and dismiss the case after successful completion of the program.

Mr. Wilson’s client successfully completed the pretrial diversion program and the case was dismissed.

THIRD-DEGREE DWI CASE DISMISSED

Client was charged with Third and Fourth-Degree DWI and open bottle.

Mr. Wilson conducted a thorough pre-trial case investigation including obtaining a witness statement; obtaining and reviewing the squad car video; police dispatch log; police reports; implied consent documents and video; etc.

Mr. Wilson then negotiated a plea agreement based on the witness statement he obtained (which included statements favorable to his client) and other evidence Mr. Wilson discovered during the course of the case investigation.

The prosecutor eventually agreed to dismiss the most serious charge (Gross Misdemeanor DWI – Mr. Wilson’s client tested at a 0.20 B.A.C. level) and the open bottle charge in return for a plea to the misdemeanor DWI charge.

The client was sentenced to probation (stay of imposition), no jail time, and a fine.

FELONY GUN CASE DISMISSED

Client was charged with felony prohibited person in possession of a firearm.  A conviction in this case would have resulted in a long, mandatory prison sentence.

Mr. Wilson moved the court to suppress evidence (firearm) based on an unconstitutional search and seizure in violation of the Fourth Amendment of the United States Constitution and Article I, Section 10 of the Minnesota Constitution.

At the motion hearing, Mr. Wilson made an oral argument and cross examined the police officer(s) involved in the case.

Mr. Wilson also submitted a written brief in support of the motion.

After taking the case under advisement, the court ultimately granted the suppression motion, ordering that the illegally seized evidence could not be used at trial.

The case was subsequently dismissed by the prosecutor.

FELONY GUN CASE DISMISSED

Mr. Wilson’s client was charged with prohibited person in possession of a firearm. 

In this case, a conviction of this charge would have resulted in a mandatory prison term, so it was crucial to pursue a pre-trial dismissal or an acquittal at trial.

Mr. Wilson filed a motion to suppress evidence (a firearm) based on an unconstitutional search and seizure in violation of the Fourth Amendment of the United States Constitution and Article I, Section 10 of the Minnesota Constitution.

At the motion hearing, Mr. Wilson made an oral argument and cross examined the police officer(s) involved in the case.

Mr. Wilson also submitted a written brief in support of the motion.

After taking the case under advisement, the court granted the suppression motion.

The Hennepin County Attorney’s Office subsequent dismissed the case, based on the suppression order.

FELONY THEFT CHARGE DISMISSED AND STAY OF IMPOSITION

Client was charged with felony and gross misdemeanor theft.

After thoroughly reviewing all the evidence in the case, Mr. Wilson negotiated with the prosecutor in the case to dismiss one of the charges (Felony Aid/Abet Financial Transaction Card Fraud) and Stay Imposition of the other charge (Gross Misdemeanor Aid/Abet Identity Theft).

The client was sentenced to probation and served no jail time.

The offense level was ultimately reduced to a misdemeanor upon the discharge of the client’s sentence.

SECOND-DEGREE ASSAULT CHARGE DISMISSED; STAY OF EXECUTION

Client was charged with Second-Degree Assault for an allegedly gun-pointing incident.

Second-Degree Assault is a very serious felony crime in Minnesota, and carries a mandatory minimum 36-month prison commitment term. 

Because of the seriousness of the charged offense and its mandatory prison term, it was one of the main goals in this case to get that charge dismissed either via a plea negotiation or via acquittal at trial.

Mr. Wilson demanded and reviewed all of the discovery in the case, including bodycam footage and audio recordings.  After reviewing the evidence, Mr. Wilson discovered several mitigating circumstances and problems in the State’s case.

After multiple hearings and discussions with the prosecutor, Mr. Wilson negotiated a favorable plea resolution that included dismissing the Second-Degree Assault charge and avoiding any prison time.

DRIVE-BY SHOOTING CHARGE DISMISSED; STAY OF IMPOSITION

Client was charged with allegedly shooting an unoccupied vehicle, causing significant damage.

Mr. Wilson demanded and reviewed the discovery in the case, including multiple recordings.

After reviewing the evidence, Mr. Wilson discovered several significant problems with the State’s case, including lack of probable cause for the drive-by shooting charge.

Mr. Wilson (in part) filed a motion to dismiss the drive-by shooting charge for lack of probable cause and demanded a contested hearing.  

The prosecutor ultimately dismissed the drive-by shooting charge.

Mr. Wilson later negotiated a favorable resolution on the remaining felony criminal damage to property charge and his client receive a stay of imposition which would result in reduction to a misdemeanor if they successfully complete their sentence.

FELONY DRUG CHARGE DISMISSED

Client was charged with felony  Fifth-Degree Drug Possession and two county of DWI.

Mr. Wilson demanded and reviewed the discovery in the case, including multiple recordings.

After reviewing the evidence, Mr. Wilson discovered several significant problems with the State’s case.

Mr. Wilson discussed these issues with the prosecutor and was able to negotiate a favorable case resolution, where the felony drug charge was dismissed and the client pleaded guilty to one remaining count of gross misdemeanor DWI.

STAY OF ADJUDICATION - FELONY DRUG CHARGE

Client was charged with (in part) felony  Fifth-Degree Drug Possession.

Mr. Wilson demanded and reviewed the discovery in the case.

The case was later resolved with a stay of adjudication/no conviction on the felony Fifth-Degree drug charge. 

This resolution resulted in no conviction, and the client’s case will be dismissed upon the successful completion of their sentence.

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