ORDER FOR PROTECTION / DOMESTIC ASSAULT
Mark successfully defended a client against the issuance of an order for protection and domestic assault charges which would have kept him out of his home, prevented him from seeing his children and may have prevented him from becoming a U.S. Citizen. After cross examining three witnesses who originally told the police that they believed the client may have been the aggressor, the judge dismissed the case and withdrew the order for protection.
DUI / DWI
In a DUI/DWI case Mark raised the defense that the results of the Intoxilyzer 5000 may not be accurate. He motioned the court to order the prosecution to turn over the source code for the Intoxilyzer 5000. Based on the evidence and expert testimony Mark was able to provide to the court, the court found that sufficient question regarding the accuracy of the Intoxilyzer 5000 existed to warrant ordering the state to turn over the Intoxilyzer source code. Source code case is currently pending before the Minnesota Court Supreme Court.
Mark successfully completed the expungement of several misdemeanor charges for a client. Police records, Court records and Bureau of Criminal Apprehension records were ordered sealed. The Bureau of Criminal Apprehension also notified the F.B.I. to seal their records.
SECOND DEGREE DUI
In a second degree DUI refusal case that also involved the state seizing the client’s car, Mark was successful in challenging the facts of the refusal. The case was dismissed and the client’s car was returned.
CRIMINAL SEXUAL CONDUCT
Mark represented a client charged with 3rd Degree and 4th Degree Sexual Conduct. After investigating the alleged incident and uncovering additional information which was presented to the court and prosecutor, all charges against Mark’s client were dismissed.