Minnesota Criminal Defense Cases
Minneapolis & St. Paul Legal Success Stories
In a 2010 Hennepin County case, Max Keller's client faced the prosecutor's wrath because the client had crashed her car into a bystander's house.The client was still intoxicated at 11:30 a.m. from drinking the night before. Max was able to talk the prosecutor off the ledge and get the sentence reduced from 5 days to 0 days. Max also got the Hennepin County 1-Day program waived because the client was no longer living in Minnesota. The client was very happy. (File # 27-CR-10-3479)
In a case heard in Ramsey County in January 2010, Keller Law Offices secured another victory for one of our clients. The driver had committed a fourth lifetime DWI. He was charged with second degree DWI/test refusal. Attorney Max Keller, however, was able to secure a sentence of no further jail time for his clienft. In addition, the client got his vehicle back even though it was subject to DWI vehicle forfeiture. The client, who is eligible for a work permit if he signs up for Ignition interlock , was very pleased with the outcome. (Case # 62-CR-09-15598)
Attorney Max Keller of Keller Law Offices achieved another victory in Scott County on Monday January 11, 201f0. 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 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 forensic 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)
In a August 2009 Hennepin Countyt Expungement case, Max 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
In a 2009 hearing, Max 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 12 year sentence. The trial judge agree and dismissed the charge. (File # 86-CR-08-7046)
In a 2008 Cass County case resolved in June, 2009, Max and his client were prepared to face two trials with two different juries, one on a charge of Driving Under the Influence (no test result) and one for Test Refusal (the client blew into the Intoxilzyer 4 times, but the machine would not accept his samples). After numerous pre-trial hearings and several Motions to attempt to obtain the Source Code or software the runs the Intoxilyzer, the case was resolved favorably on the morning of trial. Max Keller's client got a stay of adjudication, meaning no conviction, in spite of the fact that the client had 2 prior DWI's including one less than a year before the current offense (which also resulted in a probation violation), and a partial reading of .16 or twice the legal limit on the Intoxilyzer, and a .24 reading from a Preliminary Breath Test (PBT). (11-CR-08-1279)
In 2009 Hennepin County case Max got a 1st time DWI at a .14 alcohol concentration reduced to careless driving offense, due to his client's service overseas in the military, so the DWI charge was dismissed! (File #27-CR-08-54056)
In a 2009 Ramsey County case, Max's client was charged with a gross misdemeanor 2nd degree DWI for blowing .20 or more. Because of his one prior DWI, the client's car was forfeited. Max got the charge reduced to a 3rd degree DWI and the higher 2nd degree DWI was dismissed. As a result, the client got his car returned to him at no charge. (File #'s 62-CR-09-2574 & 62-CV-09-1990)
In a 2008 Scott County case, Max's client was charged with a 3rd time DWI and it was her 2nd offense within 10 years. Max successfully engineered a Stay of Adjudication in her case, so that she had NO Conviction for DWI and NO revocation of her DL. (70-CR-07-30023)
In a 2008 Hennepin County case, Max Keller represented a driver charged with a DWI based on a .12 breath test. Max was able to get the DWI dismissed and the implied consent revocation was rescinded or thrown off his client's record, leaving no traces of the DWI. (27-CR-08-5223 & 27-CV-08-3119)
In a 2007 Itasca County case resolved in 2008, Max's client was charged with his 6th DWI and tested .20, making it a more serious offense, and the owner of the car (the client's girlfriend) had it forfeited. Max won the dismissal of all DWI charges based on the State's inability to produce the Intoxilyzer Source Code or software, the client served no time in Jail in spite of driving on a cancelled license and being cancelled as Inimical to Public Safety, and the vehicle was returned to the owner at no charge. (31-C0-07-5542 and 31-CR-07-4271)
In 2008 Scott County Drug Possession and vehicle forfeiture cases, Max secured a sentence of no jail for his client, in spite of the fact that the client had multiple prior felony convictions for drug possession. In the companion vehicle forfeiture case, the prosecutor from the County Attorney's Office demanded $6000 to return the vehicle to the defendant's wife, who was a co-owner of the vehicle along with client. Ultimately, Max convinced the prosecutor to return the vehicle to his client's wife with the client and wife paying nothing! (70-CR-08-3237 and 70-CV-08-6095)
In an 2007 Anoka County case, a client was charged with his second DWI in three years. Max won his client's implied consent Driver's License revocation case because, among other things, the police read the wrong form to his client. The result was that his client got his driver's license back, his license plates back, and all DWI charges were dismissed in the criminal case. (K3-07-159)
In a 2007 Martin County case, Max won his argument to throw out the test result of this client charged with his third DWI. Max convinced the judge that his client's pre-test right to counsel was violated, leaving to the vehicle forfeiture being cancelled and the vehicle returned to the owner, and a gross misdemeanor 2nd degree DWI with a mandatory minimum jail sentence of 90 days was dismissed. In addition, a different judge ruled against Max's client on the same facts in the license revocation Implied Consent hearing where Max was contesting a one-year revocation of his client's driver's license, as well as the cancellation of his license as Inimical to Public Safety. When Max appealed the adverse ruling on the driver's license case, he won and his client's license was restored. (File #'s 46-CR-07-988, 46-CV-07-1223, 46-CV-07-1189 AND Appeal # A08-578)
In a Sherburne County case in 2007, Max got his client's DWI dismissed in favor of a plea to a reduced charge of careless driving; Max then went on to win the implied consent driver's license revocation hearing, meaning that his client had no revocatio of his driver's license and no conviction for DWI. (71-CR-07-1576)
In a Washington County case, Max represented a driver charged with second degree DWI Refusal (refusal with one prior in 10 years), who also had his vehicle forfeited as a result. On the day of trial, Max arranged a very favorable deal for his client whereby the Driver got a Stay of Adjudication (meaning no conviction) and his vehicle was returned to him. (KX-06-5607)
In a Hennepin County case, Max's client was charged with DWI and a felony (felon in possession of a firearm) carrying a mandatory minimum sentence of Five Years (60 months). The prosecutor wanted the 60 month sentence. The Judge said she would sentence the client to 36 months. Max successfully engineered a sentence of time served, which was about 45 days, rather than the mandatory minimum of 5 years. (2006-0089)
Max's client faced a 5th lifetime DWI in a Ramsey County Case. Max successfully engineered a sentence of no jail time in favor of electronic home monitory (a.ka. house arrest) with work release. (K8-04-2541)
In a Martin County case, Max won a jury trial acquittal where his client was charged with Driving Under the Influence of Marijuana, even though Marijuana was found in the vehicle and in his bloodstream, because there was no evidence that the client smoked marijuana on the day the police stopped him. (K9-03-77)
In a Jackson County case, Max got his client's Underage Drinking and Driving charge dismissed when Max convinced the Judge to throw out or "suppress" his client's statement that the client had driven to school, because the school police failed to advise the student/client of his Miranda right to remain silent. After the client's statement was tossed out, there was no evidence indicating that the client drove to school that day; therefore the Underage Drinking & Driving charge had to be dismissed. (T2-04-223)
In a Faribault County case where his client was charged with Driving Under the Influence of Meth., Max got all the DWI charges dismissed when the Judge agreed with Max's arguments that the police lacked probable cause to demand a blood test from his client. (T0-02-2516)
Every court case is highly fact-dependent, so the results of the Success Stories above are not necessarily predictive of the outcome of your case. The outcome of each case depends on a variety of factors, some of which are largely out of our control, such as the judge and prosecutor assigned to your case, whether they are having a good or bad day, and how busy the calendar is. Past success is not a guarantee of future results.
