Date: August 2021
Case: First-Degree Controlled Substance Sale
Attorney: Mike Brandt
Result: Mike was retained to assist a client charged with First-Degree Controlled Substance in Douglas County. Based upon his client’s record, Mike’s client was looking at a sentence of 75 months in prison. However, based upon legal issues that Mike raised and the steps Mike’s client took to rehabilitate himself, Mike was able to negotiate a downward dispositional departure and his client was able to avoid prison time. Instead of prison, the client was placed on probation for 10 years.
In addition to this charge, Mike was also successful in getting his client discharged from probation on 2 felonies and also succeeded in persuading a prosecutor to dismiss another drug case based upon his client’s plea to the First Degree charge.
Date: July 2021
Case: Possession of Drug Paraphernalia
Attorney: Nicole A. Kettwick
Result: Nicole’s client was charged with Petty Misdemeanor Possession of Drug Paraphernalia after items were found in the car she was riding as a passenger in. Nicole requested a hearing to fight this charge. Nicole negotiated with the prosecutor and he agreed to a disposition called a continuance for dismissal. They entered this agreement on the record to the Court at Nicole’s client’s arraignment hearing and the Court accepted it. If Nicole’s client complies with the conditions of the agreement, after 1 year the charges will be automatically dismissed. Nicole accomplished her client’s goals of keeping a conviction of a drug-related offense off her record and avoiding the admission of any wrongdoing.
Date: July 2021
Case: First Degree Controlled Substance Crime
Attorney: Michael J. Brandt
Result: Mike’s client was charged with several counts of aiding and abetting and conspiracy to commit Felony Aggravated First Degree Controlled Substance Crimes. These charges carried mandatory sentences of 7 years in prison. Mike encouraged his client to complete a substance use assessment and follow its recommendations. Mike explained his client’s proactive steps and the legal issues in the case to the prosecutor. Mike convinced the prosecutor to dismiss all but one of the charges, which the prosecutor agreed to amend to Aiding and Abetting Felony Second Degree Sale of a Controlled Substance and recommend a Stay of Imposition to the Court. Mike’s client pled guilty to this charge and the Court accepted this plea and convicted her of a felony, but the Court agreed to a Stay of Imposition. This means that the conviction will remain a felony while Mike’s client is on probation, however, once she successfully completes probation the conviction will be deemed a misdemeanor and she will have her civil rights restored.
Date: June 2021
Case: Felony 5th Degree Possession of a Controlled Substance
Attorney: Michael J. Brandt
Result: Mike’s client was charged with Felony 5th Degree Possession of a Controlled Substance and Gross Misdemeanor Child Endangerment after the police executed a warrant on his home and found a felony amount of marijuana. Mike connected with the prosecutor and explained to her his client’s lack of criminal history and personal situation. Mike negotiated a Stay of Adjudication for the Felony drug charge and the prosecutor agreed to dismiss the child endangerment charge. As per the agreement with the prosecutor, Mike’s client pled guilty to the Felony drug charge but the Court set aside his plea and did not convict him. Instead, the Court placed Mike’s client on supervised probation for 2 years. Upon successful completion of probation, the Felony drug charge will be dismissed and Mike’s client will avoid both a conviction and any jail or prison time. Additionally, once Mike’s client completes probation, he will have the opportunity to have the records from this case sealed.
Date: April 2021
Case: DWI and Felony Possession of a Controlled Substance
Attorney: Nicole A. Kettwick
Result: Nicole’s client was pulled over by the police after driving home from work late one night in Anoka County. Upon her arrest for a DWI, the officers searched her car and found marijuana brownies and prescription medications for someone else. Nicole’s client then faced Felony Possession of a Controlled Substance and Gross Misdemeanor DWI charges. As Nicole’s client had a family and risked losing time with her daughter with these charges, Nicole challenged the legality of the stop of her client’s car. After a judge ruled that the stop by the police violated Nicole’s client’s 4th amendment rights, all the evidence after the stop was inadmissible for the coming trial. This led the prosecutor to dismiss all the charges and allowed Nicole’s client to move on from this tough time in her life without a conviction on her record. She also filed an Implied Consent Challenge/Petition for judicial review after the State revoked her driver’s license. Nicole ultimately won this case on the same issue and her client avoided a DWI on her driving record and she was able to get her license back.
Date: January, 2021
Case: Controlled Substances Forfeiture
Attorney: Michael J. Brandt
Result: Mike’s client was charged with a Controlled Substance criminal charges. While searching Mike’s client’s house, the police seized nearly $30,000 in U.S. Currency in addition to controlled substances. Mike filed a forfeiture in civil court challenging the forfeiture and arguing that this money should be returned to his client. Mike ultimately negotiated a settlement where the State agreed to return the $30,000 back to Mike’s client.
Date: December 2020
Case: Probation Violation and Controlled Substance Crime
Attorney: Nicole A. Kettwick
Result: After being convicted of a felony aggravated robbery and sentenced to 20 years of probation with a 58-month prison sentence hanging over his head, Nicole’s client violated his probation and was found with drugs in his pocket at his probation violation hearing. On top of his risk of being sent to prison, he now faced a new drug charge, and another violation. However, based on numerous discussions and negotiations Nicole had with the prosecutor and probation officers about her client’s proactive steps in treatment, they finally reached a resolution. In this resolution, Nicole’s client was able to avoid prison and jail time, continue with his previous conditions of probation, and at completion of probation, the new drug charge will be dismissed.
Date: November 2020
Case: Possess/Sale Small Amount of Marijuana
Attorney: Nicole A. Kettwick
Result: Nicole’s client was charged with a petty misdemeanor possession/sale of a small amount of marijuana after the friends he was with admitted to smoking a marijuana cigarette. Nicole’s client lost his job due to the incident. However, as Nicole’s client was the only person out of his friends who was cooperative with the police, Nicole was able to convince the prosecutor to dismiss the case in the interests of justice. Nicole’s client now maintains a clean record, is immediately eligible for expungement, and has hope of returning to this job.
Date: September 2020
Case: Fifth Degree Drugs Sale and Possession
Attorney: Michael Brandt
Result: Mike’s client was charged with six felony drug charges stemming from the execution of a search warrant at his client’s house. Up until trial, the State had insisted on Mike’s client being convicted of a felony for this offense. However, based upon Mike’s preparation and investigation, the State agreed to allow Mike’s client into a diversion program which allows his client to have the charges dismissed after one year as long as his client stays out of trouble and does community work service. This will also allow Mike’s client the opportunity to have the information from this charge expunged.
Date: July 2020
Case: Controlled Substance
Attorney: Michael Brandt
Result: Mike’s client was charged with possession of a Controlled Substance in the 5th Degree in Anoka County. Originally, an agreement was reached with the prosecutor for a stay of adjudication which means Mike’s client would have plead to the offense, but the Court would not have accepted the plea and the charges would have been dismissed after 1 year as long as the client met certain conditions. However, since the charges stemmed from a 2011 incident and the current controlled substance statute was not applicable back in 2011, the prosecutor agreed to dismiss the charges. Mike’s client was thrilled with the dismissal and looks forward to moving on from these charges.