Felony Assault Case Dismissed
18 year old client came to us after being advised to plead guilty to a felony by the public defender. We found cell phone video of the event proving that our client was acting in self-defense against their older, intoxicated accuser. 4 days after we submitted this evidence to the prosecution, the case was dismissed and our client was able to walk free with a clean record.
Domestic Assault Dismissed Case one:
Client and estranged ex. Client sleeping in his bedroom. Ex comes to his house, she does not live there, has no ownership interest and has no belongings there, to wake him and argue. She has a set of keys. He has on several prior occasions taken keys from her but she continues to somehow gain keys to his house. She shows up unannounced and without permission and wakes him from a dead sleep. He tells her to leave she refuses. He gets out of bed and while still in his bedroom turns her to aim her at the doorway and tries to move her out. She trips and falls. She suffers a broken arm. Tells cops she was grabbed by the face and violently thrown to floor. Client tells story as above. We proceed to trial on defense of Self Defense/Reasonable Force/Defense of Trespass. Prosecutor argues that it was not reasonable force. We point out that reasonableness is not the standard because of the trespass. Case law says that person in lawful possession may defend against trespass. Result was dismissal day of trial.
Domestic Assault Dismissed Case Two:
Client and girlfriend are in messy custody argument with family involved. Girlfriend allegedly does not want to be a very good parent. Disappears on a regular basis and allegedly uses meth on frequent basis as well. Returns home one day from being gone for several days with a person known to client as heavy drug user and pusher. Argument ensues and GF wants to leave but client suspects intoxication. He grabs her car key and throws it into woods. She attacks him in street and on driveway and up to house. They scuffle where she ends up with some marks and he ends up with marks all over him. She tells cops he choked her. He is arrested for felony strangulation. DANCO issued. She refuses to help the prosecution and prosecutor never even discusses case with defense other than to push for a plea to misdemeanor domestic. We push case to trial and on day of trial case is dismissed. Motions filed for self def.
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.
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