Victories


A client of Marc’s recently had the wrongful revocation of his driver’s license administratively rescinded by the Minnesota Department of Public Safety.  The arresting officer erroneously certified that Marc’s client tested positive for the presence of a Schedule I or II controlled substance, when in fact the substance found in his client’s blood was a Schedule IV controlled substance.  Marc was able to persuade the Department of Public Safety to return the client’s ability to drive much more quickly than would have happened had they been forced to wait for a court hearing.

Dave and Marc recently obtained a verdict of “not guilty” following a Felon in Possession of a Firearm trial in Hennepin County.  Had their client been convicted he faced 5 years in prison on this charge, along with 108 months that had been stayed in another case on the condition that the client remain law abiding.

Dave recently persuaded a Dakota County judge to dismiss two charges of felony drug possession following a contested probable cause hearing.  Though the state claimed that Dave’s client had possessed a controlled substance, the judge ruled otherwise.

A Stearns County jury quickly acquitted one of Marc’s clients of charges of Reckless Discharge of a Firearm and Aiding and Abetting Reckless Discharge of a Firearm following a multi-day trial.

The Hennepin County Attorney’s Office dismissed a felony charge of Possession of Firearm on School Property after Marc successfully convinced the assistant county attorney that an affirmative defense contained in the statute applied to the particular situation, giving his client an absolute defense.

Segal, Roston & Berris represented an over-the-road truck driver who was charged in Ramsey County with driving under the influence of multiple prescribed medications.  An impaired-driving conviction would have ended our client’s career, and we were able to avoid any such conviction, saving our client’s career.

After a two-day court trial in Hennepin County, Marc obtained verdicts of “not guilty” for a client charged with Theft and Receiving Stolen Property.  The prosecutor had been so confident in his case before trial that his sole pretrial offer of settlement was a plea of guilty.  Needless to say that he was less confident in his case after the verdicts!

Segal, Roston & Berris successfully defended a disabled United States Marine who had relapsed after many years of sobriety and was arrested for DWI and Test Refusal.  This was our client’s sixth DWI on record, and prosecutors sought a substantial jail sentence.  Much to the satisfaction of our client, we were able to negotiate a resolution that avoided any jail time whatsoever.

Even great lawyers don’t win every single trial, and any lawyer that says otherwise is being less than truthful (or isn’t trying enough cases).  Just as it is possible to “win the battle but lose the war,” in a recent jury trial Marc lost a battle but still won the war.  When a prosecutor was unwilling to allow a favorable pretrial resolution of a first-time DWI case, Marc reminded the prosecutor that her inflexibility meant that his client had absolutely nothing to lose by going to trial.  Although the client was convicted after a very hard-fought multi-day jury trial, the ultimate sentence imposed by the judge was much more favorable than it would have been had Marc’s client accepted the prosecutor so-called “pretrial offer.”  Additionally, the revocation of Marc’s client’s driver’s license was cut from one year to one month, proving that it most certainly is possible to lose the battle but still convincingly win the war.

Segal, Roston & Berris was able to persuade the Hennepin County Attorney’s Office to allow their client to enter into a pretrial diversion program, allowing her to avoid any conviction at all as a result of a felony charge of Theft by Swindle.  The following week we were able to do the same for a client charged with two felony drug offenses.

Dave and Marc recently prevented a client from being indicted in federal court for alleged real estate fraud.  After meeting with the FBI and the United States Attorney’s Office multiple times over the course of several months, and producing literally thousands of pages of documents and emails from 2006 through 2013, we convinced the authorities that our client was truly not guilty of any crimes.

Marc challenged the warrantless entry into a client’s home by a suburban Hennepin County police department, resulting in the rescission of the client’s driver’s license revocation and the dismissal of DWI charges.

Dave successfully defended a client in Carver County against over 20 criminal charges (12 of which were felonies) relating to alleged theft of her vulnerable parents’ estate.  He was able to convince the prosecutor to drop every theft charge by asserting a novel defense involving a Power of Attorney previously executed by the parents.  The case required hiring an expert witness and obtaining hundreds of records both from Minnesota and another state.

Marc recently convinced a Hennepin County judge to rescind the revocation of a client’s driver’s license revocation on the grounds that the officer’s account of what happened, both in his report and in his court testimony, simply wasn’t true.  Not only did the judge find that the reason for the stop of our client’s vehicle was negated by the squad video, he also found that the officer’s testimony about our client having failed field sobriety testing was not credible both because of his overall dishonesty and his lack of training in the field sobriety test procedures.

Segal, Roston & Berris persuaded a judge to depart from imposing the 90 day mandatory minimum jail sentence required by state statute in a Second Degree DWI case, resulting in our client not having to serve any time in jail whatsoever.

Marc successfully defended a client against a charge of Boating While Intoxicated, obtaining a verdict of “not guilty” after a trial.  The judge found the testimony of the defendant and other witnesses to be more credible than that of two sheriff’s deputies.

Segal, Roston & Berris persuaded a Ramsey County judge to dismiss a charge of Carrying a Firearm With an Alcohol Concentration of 0.04 or More on the grounds that the officer failed to follow the procedures required by state law.

These are just a few of our success stories.  If we listed any more we would just be bragging and we don’t like to do that.  Well, sometimes we do….