Results

Following a week-long jury trial on Felony Criminal Sexual Conduct charges, Kelly’s client was acquitted of the most serious charge, and the jury was unable to come to a verdict on two lesser counts and declared themselves a hung jury. Her client was accused of forcibly groping a woman he met on the dating app Bumble during a second date. He testified in his own defense after Kelly diligently prepared him, and several jurors commented they found him to be credible. Ultimately, the Hennepin County Attorney’s Office will be allowed to re-try the case on the two lesser counts where the jury was unable to reach a verdict, and this case continues.

Kate’s client was prohibited from possessing firearms and ammunition because he was previously convicted of a crime of violence. The penalty for this offense is a mandatory minimum of five years in prison. However, under certain circumstances, the court may depart from the five-year mandatory minimum and order a lesser sentence. Kate explained to the prosecutor that her client was a father and the sole caregiver of his children during the day. He was working full-time to help support his daughters. Kate further explained that he had a strong support system and that any term of imprisonment would be detrimental to his family. The prosecutor agreed to a probationary sentence, a departure from the mandatory minimum sentence of five years imprisonment. At sentencing, Kate’s client received probation and did not have to serve any time in prison. Kate’s client can now continue to support his family and be involved in his children's lives.

Kate’s client allegedly stole filler dissolver, a pharmaceutical drug, at an aesthetician’s office. The client worked in the financial industry and lost her job because she was charged with this offense. Kate’s client had many concerns about finding future employment. Kate believed there was insufficient evidence to convict her client of this offense and set the matter for trial. On the day of trial, Kate raised substantial issues to the prosecutor demonstrating the lack of evidence. Ultimately, Kate was able to negotiate a continuance for dismissal. Her client did not plead guilty nor admit any guilt. The client would be placed on unsupervised probation for a period of time. After successfully completing probation, the charge would be dismissed. The city prosecutor initially wanted six months of unsupervised probation. Ultimately, Kate negotiated with the prosecutor to discharge her client from probation after restitution was determined. The restitution request was left open for 60 days. There was no restitution request made. After 44 days, Kate’s client was discharged from unsupervised probation. Since Kate’s client did not plead guilty nor admit any guilt, she can seek an expungement immediately and seal this case from her record. Once her case is expunged, she can move forward and seek employment without this offense appearing on her background.

Kate’s client was driving her friends home after a night out. She was pulled over for speeding. The state trooper who pulled her over asked if she had been drinking. Kate’s client said no. The state trooper stated she smelled alcohol from the vehicle. Kate’s client and her friends said that she was the designated sober driver. The trooper asked Kate’s client out of the vehicle and had her perform field sobriety tests and take a preliminary breath test. Subsequently, Kate’s client was charged with Underage Drinking and Driving and Speeding. At the time of the offense, Kate’s client was in the process of applying to a university in Europe. To be a full-time student, she had to obtain a student visa. Kate’s client was concerned this criminal offense would result in a denial of her visa application. Kate challenged the expansion of the stop, arguing the state trooper did not have reasonable suspicion to ask her client to exit the vehicle and have her perform field sobriety tests and take a preliminary breath test. Ultimately, Kate was able to negotiate the dismissal of the underage drinking and driving charge and her client pleaded guilty to the speeding violation. Since a speeding violation is not a criminal offense, Kate's client was able to proceed with her visa application with no concerns.

Kate’s client was accused of running a sports book. Being only in his twenties, he was concerned that a potential felony conviction on his record would negatively impact his future. Kate had multiple conversations with the prosecutor about how having a felony on his record would hinder his ability to find employment and housing. The prosecutor initially rejected the idea of placing Kate’s client in the diversion program because gambling was not an offense that was eligible for the program. Ultimately, Kate successfully negotiated for diversion. Kate’s client did not plead guilty nor admit any guilt, and as long as he completes the program, the charge will be dismissed. Kate's client and his family are relieved that this offense will not cause him any hindrances when finding future employment or housing.