Legal Victories

Second Degree DWI with forfeiture of vehicle 35,000

Went to trial on the test refusal count. Had been trying to negotiate for months in order to get car back. State would not agree. So, had trial. Jury out for three days. Came back with not guilty on test refusal. Client got car back. Saved her thousands of dollars.

Domestic Assault

Father slapped his teenage son after son found out to be selling drugs at school. School liason officer charged out domestic assault. After two day trial, NOT GUILTY. Jury found father to be exercising reasonable discipline in order to correct son’s behavior.

Rory Durkin Gets Dismissal

The prosecution refused to budge, even threatening more serious charges if we persisted. However, we fought on, and continued our thorough investigation. Days before our contested preliminary hearing, the prosecutor dismissed the case after she met with her investigating officer. They found that the evidence we would present at our hearing was accurate, and therefore presented the State with significant proof problems. To their credit, the State showed integrity and dismissed the case. THIS IS WHAT HAPPENS WHEN WE FIGHT FOR YOUR RIGHTS!!!!!

Rory Durkin Secures Dismissal in Pornography Case

On September 4, 2013, the Washington County Attorney’s Office dismissed a three-count criminal complaint against Mr. Durkin’s client for possessing pornographic material at work. The County dismissed the case pursuant to Rule 30.01 of the Minnesota Rules of Criminal Procedure because Mr. Durkin showed they could not meet the burden of proof to prove Mr. Durkin’s client guilty beyond a reasonable doubt. Mr. Durkin’s client is free to live his life without the possibility of criminal sanctions as a result of this dismissal.

Mark Giancola Secures Dismissal In Drugs Case

A client recently charged with possessing/selling marijuana received the best relief possible–outright dismissal. The prosecutor dropped all drug charges as a result of Mr. Giancola’s effective pre-trial advocacy. This means Mr. Giancola persuaded the prosecutor to dismiss the charge even before the case reached a judge.

Daniel Repka Reduces Jail Sentence in Probation Violation Case

On Friday, July 19, Minnesota criminal lawyer Daniel Repka successfully reduced his client’s jail sentence by over 50%. Before hiring Dan, a judge in Dakota County sentenced the client to 53 days in jail for allegedly violating the terms of his probation. The client did not like this result and hired Dan to secure a better outcome. Dan submitted a Motion to Reopen the Revocation Hearing two days before the client was ordered to turn himself into the workhouse. Dan was able to not only persuade the judge and prosecutor to reduce the jail sentence from 53 days to 22, but Dan was also instrumental in assisting the client transfer his sentence from Dakota to Anoka County.

This is another example of how the criminal lawyers at Giancola-Durkin go above and beyond to secure a favorable outcome for their clients.

Rory Durkin Secures Acquittal in Fifth Degree Drug Case

On July 3, 2013, Judge Hunter Anderson issued a “NOT GUILTY” verdict for Rory’s client in a Fifth Degree Controlled Substance Possession case. Rory successfully argued to the judge in a stipulated facts trial that the State did not prove beyond a reasonable doubt that the defendant was guilty of Fifth Degree Controlled Substance because the State did not show the defendant was exercising dominion and control over the drugs. Since the State did not prove an essential element of the crime, Rory secured the acquittal for his client.

Mark Giancola Secures Dismissal in 3rd Degree Crime Sex Case

On July 5, 2013, a judge in Carver County granted Mark Giancola’s motion to dismiss for a client charged with Third Degree Criminal Sexual Conduct. Mark secured this dismissal after submitting a persuasive memorandum to the judge. According to the decision, Mark convinced the judge that, “The State does not have probable cause to proceed on the element of [Criminal Sexual Conduct] that requires the State to prove beyond a reasonable doubt at trial that the Defendant engaged in sexual penetration of the victim.” The judge dismissed the case before it even went to trial because Mark proved the State could not meet one of its essential elements.

This case adds to the growing list of dismissals Mark has secured as a criminal defense lawyer

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