Results
Recent Case Results
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Instrument Technician Living in Colorado Can Hunt Once Again
Charge(s):Kelly’s client, now a successful instrument technician living in Colorado, was adjudicated delinquent as a juvenile in Anoka County for Felony Second Degree Assault due to an incident where he swerved his car at high school bullies who had been targeting him, thus becoming subject to a lifetime ban on possessing firearms. He had grown up hunting with friends and loves the outdoors, and wished more than anything to engage in his passions in the mountains of Colorado. Kelly was able to convince the judge and prosecutor that her client had rehabilitated. His rights were restored and he is now free, for the first time in his adult life, to go hunting and possess firearms.
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Client Convicted of Third Degree Assault Gets His Rights Back; Plans to Teach His Son to Hunt
Charge(s):Kelly’s client grew up hunting pheasant on family land with his father, an expert hunting guide. As a young man, he was convicted in Dakota County to Felony Third Degree Assault and subject to a lifetime ban on possessing firearms for pushing a drunk man who had hit on his girlfriend out of a hotel room, breaking the man’s arm in the process. Almost twenty years later, after marrying, having a child, and establishing a successful career as a car salesman, he approached Kelly, having decided it was time to find out whether he could hunt once again with his dad and teach his own young son firearm safety and how to hunt. Kelly convincingly argued on behalf of her client before the judge, who restored her client’s rights. He now plans to go out hunting with his elderly father as soon as the season starts and to pass along these family traditions once his son is old enough.
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Kelly Saves Client Charged with Felony Threats of Violence from Deportation
Charge(s):Kelly’s client, a master wood floor restorer, attended a rally at the Minnesota State Capitol and was arrested and charged with Felony Threats of Violence by the Ramsey County Prosecutor after allegedly brandishing a firearm at counter protesters. Despite having lived in the United States for many years, Kelly’s client is in the country with a "green card" permanent residency, but is not a citizen. A conviction on that charge would have resulted in deportation back to his home country, separating him from his wife and children. It would have also taken away his ability to possess firearms for his lifetime. Following many court hearings and negotiations with the prosecutor, Kelly was able to negotiate a plea to misdemeanor charge involving an admission of engaging in a verbal argument that disturbed the peace with no prison or even jail time. This conviction statute does not affect her client’s immigration status, meaning he can stay in the U.S. with his loved ones, can maintain his right to possess firearms, and can continue his career as a floor restoration specialist.
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Kelly Restores Gun Rights for Client Who Thought Expungement Would Restore His Rights
Charge(s):Kelly’s client was convicted in 1992 in Washington County for possession of a controlled substance. He dreamed of hunting once again and, in 2018, sought out a lawyer who advised him that an expungement would restore his rights. Upon learning that his lawyer was mistaken, he sought out Kelly, who successfully brought a firearm restoration proceeding to the court. Kelly’s client is overjoyed to have finally succeeded in his original goal and plans to resume hunting with his brother.
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Client Charged with Five Felony Firearm Offenses Pleads Guilty to a Misdemeanor with No Jail Time
Charge(s):Kelly’s client retained her after being charged in Pine County with five serious felony counts, including Felony Second Degree Assault with a Dangerous Weapon (Firearm), Felony Possession of a Short-Barreled Shotgun, Felony Possession of a Firearm with a Serial Number Removed, Felony Terroristic Threats, and Felony Receiving Stolen Property. He was also charged with Gross Misdemeanor Obstruction of Legal Process for pointing a gun at the police, and Misdemeanor Domestic Assault. Kelly was persistent in her approach to the case – she first challenged the state’s method for measuring the barrel of the shotgun involved, and challenged the state’s presumption a separate firearm was required to have a serial number. After a contested hearing where Kelly presented evidence, the state dismissed those two charges. She next challenged whether the state could prove her client knew or had reason to know a firearm he possessed was in fact stolen. Next, she attacked the credibility of the alleged victim in the case as to the assault and threats charges. After numerous court appearances and a two-year battle during the pandemic, her client pled guilty to Misdemeanor Obstruction of Legal Process Without Force for fighting with the cops, no jail time, and probation for one year. Her client had been facing three years in prison if convicted, and was relieved to finally put the ordeal behind him.
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