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Case Results

For a free evaluation of your case, contact attorney Eric W.M. Bain today. He’s here to help.

Harassment Restraining Order; Respondent

DismissalSteele County

Eric's client was accused of online harassment. At a court trial, Eric successfully convinced the judge that nothing his client did rose to the level of statutory harassment and was protected free speech. The judge dismissed the harassment petition against Eric's client.

Domestic Assault

Continued for DismissalFreeborn County

Eric's client was accused of assaulting his girlfriend during an argument. Eric investigated the girlfriend's history and found a plethora of prior convictions for impeachment purposes. Just before trial, the prosecutor agreed to continue the matter for dismissal with no same or similar offenses and a small court fee.

Felony First Degree Criminal Sexual Conduct

Downward Departure GrantedCrow Wing County

Eric's client was facing 12-14 years in prison for a charge of First Degree Criminal Sexual Conduct. While the case was pending, more allegations came to light. Eric negotiated a cap of 14 years prison and filed a motion for a downward dispositional departure. The judge granted Eric's motion, which placed Eric's client on probation, instead of sending him to prison, and sentenced him to a year in the local county workhouse.

Felony Fifth Degree Controlled Substance Possession

Reduced to Petty MisdemeanorAnoka County

Eric's client was charged with a felony for possessing a few THC oil cartridges after being pulled over for speeding. Eric negotiated a resolution that reduced the felony down to a petty misdemeanor with a fine and no probation.

Gross Misdemeanor Third Degree DWI

Reduced to Careless DrivingAnoka County

After reviewing the evidence and identifying a potentially improper seizure of his client, Eric leveraged this to negotiate a better deal for his client. Eric's client was charged with Gross Misdemeanor Third Degree DWI with a blood alcohol concentration over three times the legal limit. Eric negotiated a resolution involving a reduced charge of Misdemeanor Careless Driving with no jail time and a year of probation.

Misdemeanor Disorderly Conduct

Continuance for DismissalWright County

Eric's client was charged with Misdemeanor Disorderly Conduct as a juvenile for sending a text message that threatened school violence. Eric negotiated a resolution where the case will be dismissed in a few months as long as his client stays out of trouble and completes volunteer hours.

Order for Protection Defense

DismissalHennepin County

Eric's client was served with an Emergency Ex Parte Order for Protection (OFP) in Hennepin County after an incident with a former partner in which the police were called. Eric conducted an investigation and prepared to litigate in court the domestic abuse allegations against his client. Prior to the hearing, Eric negotiated a dismissal of the OFP on conditions regarding return of personal property and mediation for financial matters.

Misdemeanor Domestic Assault

AcquittalAnoka County

Eric’s client was accused of drunkenly assaulting his girlfriend while she was driving. After a two-day jury trial, Eric secured Not Guilty verdicts on all three counts.

Felony Financial Exploitation of a Vulnerable Adult

DismissalAnoka County

Eric’s client was accused of appropriating money for personal use from his vulnerable adult mother while acting as power of attorney. Eric launched an investigation to show the mother was not actually a vulnerable adult during the relevant time period. Eric also showed the prosecutor that, in light of information from the investigation, any potential criminal behavior was outside the statute of limitations. Accordingly, the prosecutor agreed and dismissed the case.

Misdemeanor Obstructing Legal Process

DismissalAnoka County

Eric successfully argued to the judge, before trial, that his client had a legal right in his home to refuse to speak with officers and to close the door on them. The judge found the State’s charge lacked probable cause, and granted Eric's motion to dismiss.

Felony Fifth Degree Controlled Substance Possession and Vehicle Forfeiture

Dismissal and vehicle returnSherburne County

Eric arranged for his client’s weed-like substance to be retested at another lab, which showed the THC concentration to be that of legal hemp, below the threshold for illegal marijuana.

Felony Fifth Degree Controlled Substance Possession

Reduced Charge, Stay of AdjudicationKanabec County

Eric's client was charged with having mushrooms and marijuana in his vehicle. Eric negotiated a resolution to a reduced Gross Misdemeanor charge, along with a Stay of Adjudication. This allows Eric's client an opportunity to keep a conviction off his record.

Gross Misdemeanor Third Degree DWI

Reduced to MisdemeanorWashington County

Eric's client was charged with drinking and driving over twice the legal limit, as well as underage drinking and driving. Eric negotiated a resolution that included probation, avoided jail time, and reduced the charge to a misdemeanor.

Firearm Forfeiture

Negotiated BuybackRamsey County

Eric's client had a treasured family heirloom firearm seized during a drug raid. Eric worked with the county attorney's office to negotiate a buyback of the firearm. For a reasonable cost, the heirloom was returned to Eric's client.

Misdemeanor Hit & Run

Continuance for DismissalRamsey County

Eric negotiated a continuance for dismissal for his client charged with leaving the scene of an accident. This means the charge will be dismissed, as long as Eric's client gets no new same or similar charges for the agreed-upon time period.

Criminal Vehicular Operation; Five Counts

Probation and No JailSt. Louis County

Eric negotiated a creative resolution that involved probation, community service, and a staggered sentence that potentially avoids jail time. Eric's client was on video fleeing the scene of a near-fatal motor vehicle accident where multiple people were seriously injured. The charges carry a loss of driver's license, but Eric negotiated a provision that allows his client to drive with ignition interlock.

Felony Fourth Degree Assault

Reduced to Gross Misdemeanor Obstructing Legal Process, Stay of ImpositionAnoka County

Eric's client was accused of punching a police officer and charged with felony assault. Eric negotiated it down to a lesser offense of a gross misdemeanor obstructing legal process, with a stay of imposition, which means that it will drop down to a misdemeanor upon successful completion of probation.

Second Degree DWI

No Jail TimeIsanti County

Eric's client was charged with a gross misdemeanor Second Degree DWI for a second-time DWI within 10 years with a very high alcohol concentration level. This charge typically carries a 30-day mandatory minimum jail sentence. Eric successfully suppressed certain statements made by his client. Eric then worked out a deal to avoid jail time, as long as his client enters the ignition interlock program and complies with probation.

Theft - Diverting Corporate Property

Diversion and DismissalAnoka County

Eric's client was accused of taking thousands of dollars of health care benefits from an employer over an extended period of time. Eric subpoenaed many company documents and witnesses in preparation for trial. On the first day of trial, a deal was worked out where Eric's client admitted no responsibility, pled no contest, entered the diversion program, and agreed to pay restitution. Upon full payment of restitution, the case was dismissed.

Second Degree Criminal Sexual Conduct

Juvenile Deferred Adjudication ProgramAnoka County

Eric’s client was investigated and charged for inappropriate sexual conduct with a younger juvenile. Eric worked with the family to get his client evaluated and placed into a proper treatment program. Eric worked with the prosecutor to secure placement into a deferred adjudication program, which allowed his client to keep any juvenile delinquency adjudication off his record.

Order for Protection

DismissalAnoka County

Eric’s client had an Order for Protection filed against him by his child’s mother due to an allegation of child abuse. At the OFP hearing, Eric successfully motioned the court for dismissal of the OFP against his client.

Gross Misdemeanor Malicious Punishment of Child

Reduced to Misdemeanor Contributing to Need for ServicesHennepin County

Eric’s client was accused of excessively disciplining her young son on multiple occasions. Eric prepped for trial and discovered that Child Protective Services previously investigated and found a favorable decision. Eric negotiated a resolution that reduced the charge to a misdemeanor contributing to the need for services with one year probation and no jail time.

Marijuana in a Motor Vehicle

Continued for DismissalRamsey County

Eric’s client was charged with possession of marijuana in a motor vehicle after being pulled over for speeding. Eric set the case for trial. Before trial, a settlement was reached where the case will be dismissed after three months, as long as Eric’s client paid court fees and incurred no same or similar offenses.

Domestic Assault

Acceptance into DiversionDakota County

Eric’s client was charged with domestic assault for an incident with her husband. Eric’s client wanted a very quick resolution. Before the first court date, Eric assisted his client in enrolling in an appropriate counseling program, and then negotiated entrance into a diversion program without jail time. After a year of probation without any violations, the charge would be dismissed.

Fifth Degree Controlled Substance Possession

DismissalSherburne County

Eric challenged probable cause on his client's charge of possessing a cartridge that allegedly contained a THC substance or wax. Eric invoked the legal hemp laws and the judge dismissed the charge for lack of probable cause.

Felony Second Degree Riot

DismissalHennepin County

Eric's client was charged with Felony Riot in the Second Degree for participating in a New Year's Eve protest. On a pre-trial motion, Eric challenged probable cause for the charge. Eric successfully convinced the judge that probable cause was lacking and the judge dismissed the case.

Expungement Granted

Anoka County

Eric successfully petitioned the Court to grant an expungement of his client's record related to a hit and run accident years ago.

Presence at Unlawful Assembly; Trespass

DismissalHennepin County

Eric's client was with a group assisting residents at an encampment in Minneapolis public park and was charged with two misdemeanors: Presence at an Unlawful Assembly and Trespass. Eric raised several pre-trial motions, arguing the charges lacked probable causes and were unconstitutional. Ultimately, all the charges were dismissed.

Felony Wrongfully Obtaining Assistance

DismissalAnoka County

Eric's client was charged with fraudulently obtaining tens of thousands of dollars in food support and medical assistance from the county. Eric's client's spouse was charged as a co-defendant. Eric worked with the prosecutor and the co-defendant's counsel to secure a pre-trial dismissal of the charge against his client.

Tax Evasion on a Motor Vehicle (Gross Misdemeanor)

Stay of AdjudicationAnoka County

Eric's client was charged in Anoka County with tax evasion on a motor vehicle, no auto insurance, and driving on a revoked license. Eric helped his client get valid tabs and a valid driver's license. Then he negotiated a resolution with the prosecutor called a stay of adjudication with unsupervised probation. This resolution provided an opportunity to keep any conviction off his client's criminal record and avoided any additional jail time.

DWI Forfeiture

Vehicle Returned to OwnerIsanti County

Eric's client had his vehicle seized in Isanti County and it was held for forfeiture. Eric challenged the forfeiture by filing a claim on an innocent owner basis, as Eric's client's son was driving the vehicle upon his arrest for a DWI. Before the case ended up in court, Eric secured an agreement with the city for the return of the vehicle to his client upon payment of towing and storage costs.

Misdemeanor Careless Driving

AcquittalHennepin County

Eric’s client was charged after rear-ending another vehicle on the highway. Eric obtained acquittals on all three charges for his client after conducting a three-day jury trial. Eric’s client has a commercial driver’s license, so avoiding any conviction was important.

Felony Fifth Degree Controlled Substance Sales

Stay of AdjudicationRamsey County

Eric's client was charged with selling a large amount of marijuana that he grew out of his home. Eric argued and negotiated for a resolution that involved probation, and no jail time, and gave his client an opportunity to keep a conviction off his record.

Second Degree DWI (Gross Misdemeanor)

Warrant Quashed, Jail Time AvoidedAnoka County

Eric's client had a warrant out for about ten years after missing court for a Second Degree DWI case and moving out of state. Eric negotiated a resolution where the warrant was quashed and his client never had to return to Minnesota and avoided jail time. Instead, Eric's client has probation with community service hours and a fine. Now Eric's client can freely visit family in Minnesota without concern of being arrested on a warrant.

Misdemeanor Fourth Degree DWI

Stay of adjudicationHennepin County

Eric’s client had no criminal history and a breath test slightly over the legal limit. Eric sought out and retained breath alcohol, medical, and field sobriety test experts to litigate the matter. Eric litigated the driver’s license revocation matter in a two-day court trial. Unfortunately, the license revocation was sustained. But prior to commencement of the criminal trial, Eric negotiated a stay of adjudication for the DWI charge with a careless driving only as a petty misdemeanor. With a stay of adjudication, this provides Eric’s client an opportunity to keep any DWI criminal conviction off her record.

Felony Domestic Assault, Felony Threats of Violence

Reduced to Disorderly ConductAnoka County

Eric's client was accused by his girlfriend of strangling and threatening her. Eric launched an investigation to bolster his client's side of the story. The investigation found prior police reports and text/voice messages that discredited the girlfriend's story. Eric used this information to negotiate a resolution with no jail time and one year of misdemeanor probation.

Gross Misdemeanor Motor Vehicle Tax Escape

Stay of AdjudicationSherburne County

Eric's client had a lengthy driving record with a number of offenses over a number of years for no insurance, no tabs, and driving without a valid license, for which he found himself charged again. Eric worked to help his client finally get a valid driver's license. Once that occurred, Eric used that to negotiate a resolution with the prosecutor to keep a conviction off his client's record. A conviction for Eric's client would have revoked his driver's license all over again.

Gross Misdemeanor Driving After Cancellation - Inimical to Public Safety

Continued for DismissalHennepin County

Eric's client, after incurring a driving while impaired conviction, had his driver's license cancelled as inimical to public safety and was required to enroll in the ignition interlock program. Eric's client picked up a charge for driving without being enrolled in the interlock program. Eric negotiated a continuance for dismissal after showing his client had started, but not fully completed, the enrollment process. A continuance for dismissal will result in a dismissal of the charge, provided Eric's client incurs no same or similar charges for two years.

Misdemeanor Careless Driving; Driver's Permit Violation

Reduced to Petty Misdemeanor SpeedingHennepin County

Eric's client was nearly charged with a Misdemeanor DWI after blowing about the legal limit of .08. Nevertheless, Eric negotiated a resolution involving a reduction of the conviction to a non-criminal, petty misdemeanor speeding offense. This disposition involved no probation and avoided a driver's license withdrawal.

Order for Protection; Respondent

Motion DismissalGoodhue County

Eric's client had an Order for Protection (OFP) go into effect against him. Then the person or petitioner who requested the OFP filed a motion to modify the OFP to take position of a dog they used to share based on allegations Eric's client abused dogs. Eric was retained to fight this modification motion. Eric gathered ownership documents and prepared multiple witnesses to testify. A court trial was conducted and Eric showed that his client owned the dog. Therefore, the Court had no right to transfer ownership or possession of the dog to petitioner.

Felony First Degree Burglary

Reduced to Misdemeanor TrespassHennepin County

Eric's client was accused of breaking a door and entering an occupied apartment unit to confront a domestic partner. The felony charge carried a mandatory minimum six-month jail sentence, if convicted. Eric prepared and pushed the case to trial. Just before trial was to begin, a deal was worked out to reduce the charge to a misdemeanor trespass, no jail time, community service hours, unsupervised probation, and dismissal of the conviction upon successful completion of probation.

Fishing License Violation

Fishing License ReinstatedLake of the Woods County

Eric's client incurred fishing license violations that caused him to lose his fishing privileges for a year throughout the state of Minnesota and 46 other states. Eric reopened the case and worked out a different resolution that allowed his client to having his fishing privileges reinstated - just in time for the Minnesota fishing opener!

Felony Threats of Violence; Misdemeanor Domestic Assault

Reduced to Disorderly Conduct; Stay of AdjudicationCarver County

Eric's client was arrested and charged following accusations that he threatened violence and assaulted his mother. Eric negotiated a resolution that involved a dismissal of the felony charge, amended the charge to a Disorderly Conduct, avoided jail time, and included a stay of adjudication, which means the charge will be dismissed upon successful completion of probation.

Probation Violation

DismissalAnoka County

Eric’s client was accused of violating the terms of her probation by failing to complete an evaluation and counseling. Eric’s client risked losing a stay of adjudication. Eric delayed the court proceedings to buy more time for his client. He then worked with his client to finish the proper program. Upon completion, Eric negotiated a dismissal of the probation violation, and his client maintained the stay of adjudication.

Felony Fourth Degree Assault

Reduced to Disorderly ConductHennepin County

Eric’s client was accused of spitting on a police officer at a street protest. Eric tracked down a witness and had a statement taken. On the eve of trial, a settlement was reached to a reduced charge of misdemeanor Disorderly Conduct with a year of unsupervised probation and no jail time.

Gross Misdemeanor Domestic Assault

Reduced to MisdemeanorAnoka County

Eric’s client was accused of assaulting his ex-girlfriend. Because his client had a prior domestic, the charge was enhanced and carried mandatory minimum jail time. After getting his client into an anger management program, Eric negotiated a resolution that reduced the charge to a misdemeanor and avoided jail time.

Second Degree Assault

Judicial Expungement GrantedDakota County

Eric successfully petitioned the court for judicial expungement of his client’s conviction for Felony Second Degree Assault – Aiding and Abetting.

Public Nuisance

DismissalHennepin County

Eric’s client was charged with public nuisance while attending a social justice demonstration. After reviewing the thin evidence against his client, Eric filed a motion to dismiss for lack of probable cause. The prosecutor agreed and dismissed the charge.

Contact for a Free Consultation

Eric is here to help. Fill out the online form or call him at 612.206.3767 for a free consultation.