Attorney Max Keller of Keller Law Offices achieved another victory in Scott County on Monday January 11, 2010. Mr. Keller’s client faced a felony conviction and Jail time or imprisonment based on an allegation that he had violated probation by allegedly testing positive for meth. Mr. Keller and his client insisted that, because the the result was a false positive test result based on the client’s taking Xantac for acid reflux disorder, the client should received no punishment and the probation violation should be dismissed. Mr. Keller and his client appeared in court in October for the first appearance, denied the probation violation, and set a contested hearing probation violation on January 11, 2010. Mr. Keller hired an expert foresnic scientist on behalf of his client to provide expert testimony to show that the client did NOT violate probation and the “positive” test result was caused by ingesting Xantac, a legal over-the-counter medication used by people with acid reflux. On the day of the contested hearing, the probation department gave up, cancelled the probation violation, and terminated the client’s probation, leaving him with no felony probation and no additional punishment. (Case # 70-CR-07-752)
Probation Violation Dropped in Scott County based on False Positive Test for Drugs
January 17th, 2010Another Hennepin County Expungement Victory Allows Client to Return to Work
December 6th, 2009Max Keller’s client was employed for several years, in a good job with several children to support. Because of two old theft convictions suddenly revealed by a background check, his employer suddenly let him go even though he had accumulated years of good service and promotions. Officially, the client was just “suspended” pending his attempt to expunge or wipe out the convictions. After writing a detailed affidavit for our client showing his military service and how he had rehabilitated himself, and filing an Expungement Petition to which the Affidavit was attached, a hearing was held. Earlier this fall, Max Keller convinced the judge at the hearing to expunge of both of the client’s theft convictions, thereby allowing our client to get back to work and once again support his family and pay his bills.
First Degree Criminal Sexual Conduct Dismissed Before Trial
November 30th, 2009Max Keller’s client was charged in Wright County with felony First Degree Criminal Sexual Conduct for statutory rape. This allegation, if convicted, carries a guidelines sentence of 144 months (12 years). Mr. Keller successfully argued that the Complaint against his client was too vague, especially since, for most of the time period in the Complaint, the Complainant was not young enough to make the act illegal as charged. After a hearing was held, Max submitted a brief in support of the Motion to Dismiss the charge carrying a a 12 year sentence. The trial judge agree and dismissed the charge. (File # 86-CR-08-7046)
Charges Dismissed in Minneapolis Traffic Case
November 17th, 2009Earlier this month, Keller Law Offices secured the dismissal of a traffic ticket in Minneapolis on the day of trial. Attorney Max Keller demanded all the police reports and tapes and the presence of the police officer at trial. Even though he was a law-abiding bus driver, our client was falsely accused of an traffic offense due to slippery, snowy conditions. The ticket was clearly unjust since the alleged violation was caused by the snow and not by any negligence on our client’s part. Max Keller was able to obtain a CWOP or continuance without plea (similar to a continuance for dismissal or CFD) meaning that Max’s client got no conviction on his record. Because he holds a Commercial Driver’s License or CDL, This favorable outcome was very important to our client, as he did not want to get a conviction in order to avoid harm to his CDL. Needless to say, the client was very please with the outcome. (27-CR-09-12039)
Urine Tests Shown to Be Unreliable–Another DWI Charge Dismissed due to Hard Work by Keller Law Offices
November 1st, 2009In a Hennepin County case heard at the Brookdale courthouse last week, Max Keller of Keller Law Offices convinced the prosecutor to dismiss all DWI charges against his client. Our client was arrested in New Hope and charged with a first-time DWI based on a urine test of .12. Because Urine tests for DWI , as administered in Minnesota, are known to be unreliable, Mr. Keller persuaded the prosecutor that his client’s .12 test result was not accurate. We presented a stack of evidence to show how unreliable urine tests for DWI are without a first void of the bladder, including recent orders by Judge Thuet and Judge Carter, both from DWI urine test cases in Dakota County. Accordingly, all DWI charges against the client were dropped. The client was very surprised and very happy. (27-CR-09-43081)
Ramsey Co. Victory for 13 Year Old: Keeping a Clean Record–No Felony Conviction, No Sex Offender Registration
October 16th, 2009Keller Law Offices was pleased to represent a 13 year old young man recently in Ramsey County. He faced possibly being charged with a first degree criminal sexual conduct charge, which would have been a felony: resulting in a ban on his possessing firearms AND worse, lifetime registration as a sex offender. Max Keller was able to engineer a settlement with the prosecutor whereby his young client admitted to a gross misdemeanor 5th degree criminal sexual conduct (CSC) charge rather than a First Degree CSC felony. As a result, Max’s client served no additional jail time, did not have to register as a sex offender, and did not face a ban on possessing firearms as an adult. The client and his parents were very happy. (62-JV-09-2738)
Felony Dismissed for Anoka County Client
October 1st, 2009My client in Anoka County was accused of a domestic assault. This ordinarily would have been a misdemeanor (maximum of 90 days jail) since it was his first assault charge ever. Unfortunately for him, he had several prior convictions for violating Orders for Protection due to disputes with his in-laws. As a result, what should have been a misdemeanor assault charge was aggravated to a felony. Therefore my client faced a possible felony conviction preventing him from working, etc., as well as a trip to prison for more than one year. Before the day of the trial, the last plea offer from the State was that my client could serve up to 120 days in Jail. On the day of trial earlier this week, I convinced the prosecutor to dismiss the felony charge, and my client plead guilty to a misdemeanor. Instead of the 120 days of Jail the prosecutor had been seeking, my client was sentenced to time served, which was 5 days. (02-CR-09-1841)
Justice for Young Man Depressed Due to Divorce
September 30th, 2009My client in a Hennepin County case was accused of three violations of a Domestic Violence Order for Protection (OFP). All had happened in the space of 2 1/2 months, including the first incident when he was in the hospital for mental illness evaluation. He had a good job as a diesel mechanic, held a CDL (commercial driver’s license) and drove a bus, and had no prior criminal convictions. Unfortunately, he violated the OFP 3 times because he was depressed and obsessed with his estranged wife who had obtained the OFP. He also had chemical dependency issues involving alcohol & marijuana. As a result of the third alleged violation, my client was arrested and held in custody for 8 days. At the next court appearance, I was able to convince the judge, who originally wanted to sentence my client to 20 days, to give the young man time served of 8 days due to his mental illness and no prior criminal record, and the need to attend to a large number of medical appointments. At the end of the day on September 28, 2009, my client was released from Jail to go to his medical app0intments and he and his parents were very happy. (27-CR-09-40051)
Job saved for out of state professional in Ramsey County Criminal Vehicular Operation Case
September 26th, 2009Our client was a Veterinarian from New York. During her training here, she made the mistake of drinking and driving, and causing an accident–rear ending another vehicle at high speed, injuring the other driver, and testing a .24. Another attorney represented her while the prosecutor debated what to charge the driver with. Over a year after the incident, as the case dragged on, the driver fired the first attorney and turned to us for help. While waiting to be charged, her driver’s license was revoked for 6 months. She was finally charged, about a year after the motor vehicle accident, with gross misdemeanor DWI and gross misdemeanor Criminal Vehicular Operation. She had been living in Minnesota at time of the offense completing her education, but had since moved to New York, having taken a job there. Since she was an out of state resident, she wanted to minimize the number of trips she would have to make to Minnesota for court, as she would have to pay to fly here each time, and would have to take time off from work. Because she lived out of state, the prosecutor had sent her case straight to Warrant status, so the Client had an outstanding arrest warrant on top of her other problems. We arranged for her to fly into Minnesota and turn herself in at a convenient date, and resolved the case in one court appearance. The client wanted at least 30 days to turn herself in to beginning serving her jail sentence. Usually judges will only give defendants 2 weeks to turn themselves in. Our client needed more time in order to arrange things at work so she would not be fired. We convinced the prosecutor and judge to allow our Client 60 days to turn herself in, thereby giving her the chance to save her job as a highly paid veterinarian. I got the judge to give the client four times the normal amount of time to turn herself in. The client and her father were very pleased. (File # 62-CR-09-3291)
