Halberg Criminal Defense

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Halberg News DWI Case Dismissed Anoka County
An Anoka County judge ruled that the officer who stopped Lee Orwig’s client did not have a legal basis to stop his client. The officer alleged that he pulled over Orwig’s client for illegally backing upon a roadway or shoulder and for impeding traffic. Orwigs client backed upon a roadway and was then stopped. At hearing, the officer alleged that he also pulled over the client because the client’s vehicle was impeding traffic. Orwig argued that backing upon a road way was not illegal and that the officer could not have reasonably believed Orwig’s client was impeding traffic. The Court found that the officer could not have reasonably suspected the client for driving too slow and that the officer was mistaken in concluding that it was against the law to back upon the particular roadway in question. The judge then dismissed the case.

HCD Honored as a “Best Law Firm” By US News and World Report
Halberg Criminal Defense is honored to announce that we have been named as one of the Best Law Firms in the upcoming U.S. News and World Reports Best Law Firms Edition. Halberg Defense was ranked as a First Tier law firm in the category of DWI Defense.
The methodology for the U.S. News – Best Lawyers “Best Law Firms” involved surveying thousands of law firm clients; leading lawyers and law firm managers; partners and associates; and marketing officers and recruiting officers. Each were asked what factors they considered vital for clients hiring law firms, for lawyers choosing a firm to refer a legal matter to, and for lawyers seeking employment.
Based on that feedback, six key surveys instruments were created: A client survey was sent to 52,480 clients; a lawyer survey was sent to 43,900 lawyers, including every U.S. lawyer listed in Best Lawyers; surveys were sent to 2,314 marketing officers and 2,322 recruiting officers as well as to 8,597 firms without marketing- or recruiting-office contacts; and associate surveys were sent to 2,322 firm associates and 1,775 summer associates. The marketing-officer, recruiting-officer, associate, and summer-associate surveys included a total of 724 questions.

Source Code Exam Reveals Potential Problems With Intoxilyzer
Our firm is acting as one of the lead set of attorneys representing the Source Code Coalition. The Coalition represents a group of over 2200 DWI cases that have been joined together to challenge the accuracy of the software program/source code that runs the machine.
Significant issues are coming to light involving improper source code that exists on at least some of the Intoxilyzers in use in Minnesota. On July 8th our office filed pleadings notifying the Court of these significant issues. Formal motion hearings will likely be scheduled soon unless informal agreements can be reached with the State to provide answers to the problems uncovered by the Coalition experts. The trial on these cases is currently set for October 2010 but that may now change based upon these new source code problems that exist.
As the source code issues are changing on a daily basis please contact us for more recent updates.

License Revocation Rescinded – St. Louis County
A St. Louis County judge ruled that the sherrif’s deputy who stopped Eric Nelson’s client did not have a reasonable and articluable suspicion to conduct a traffic stop. The officer testified that he believed Nelson’s client was attempting to evade the officer. Nelson’s client signaled a turn into a parking lot where he dropped off his friend. Nelson’s client then turned back onto the road and passed the hidden squad car moments later. The Court found that this conduct did not rise to level required to conduct a traffic stop.

Not Guilty Verdict – Assault and Disorderly Conduct – Anoka County
As a client of Tina Appleby’s drove his daughter to school, his car was struck with an object thrown by a teenage pedestrian. Her client emerged from his vehicle and restrained the seventeen year-old from leaving as he attempted to call the 911. The teenager’s friend then approached, punched Appleby’s client in the head, then boarded the school bus. As a result of restraining the juvenile for the police and subsequently trying to prevent the school bus from leaving the scene, the client was charged with two counts of Assault in the Fifth Degree (teenager and bus driver) and one count of Disorderly Conduct. Tina Appleby obtained verdicts of Not Guilty on all three counts.

Not Guilty Verdict – Posession of Child Pornography Charges – Anoka County
The jury returned a verdict of Not Guilty after Tina Appleby recently put the State to its burden of proof on a Possession of Child Pornography prosecution in Anoka County. Child Pornography possession, distribution amd manufacturing are very serious charges that may result in decades of prison time and sex offender registration. These consequences may occur even if the charges are reduced or eventually amended to a different charge altogether.

St. Croix County, WI – OWI dismissed for lack of Probable cause
A St. Croix County Judge dismissed OWI charges against Eric Nelson’s client. The Court found that the officer lacked probable cause for an arrest. Specifically, the court found that the reasons cited by the New Richmond Police Officerfor the traffic stop were explained by the fact that Nelson’s client had a flat tire. Further, the court found that the officer unfairly subjected the client to field sobriety tests by making her perform them barefooted in 30 degree weather.

One week of Successful Outcomes at our Firm
Not Guilty all counts of First and Second Degree Criminal Sexual Conduct-Dakota County
After four hours of deliberation, a Dakota County jury found Eric Nelsons client not guilty on counts of first and second degree criminal sexual conduct.
Not Guilty all counts for Criminal Sexual Conduct-Mahnomen County
Tina Appleby successfully represented a man at jury trial on allegations of Third Degree Criminal Sexual Conduct. The jury was out less than two hours and returned not guilty verdicts on all counts
Not Guilty all counts for Murder in the Second Degree-Dakota County
Marsh Halberg has defended a young man in Dakota County for the past four years arguing the McNaughton Defense of legal insanity. In a ruling described as incredibly rare the court ruled in our clients favor. This defense is so rarely successful that in a recent television interview about the case, a law professor stated:
Im sure today or tomorrow, whoever is teaching

Court Finds Police Violated Driver’s Right to Counsel In DWI Case
A St. Louis County judge found that the arresting officer violated our client’s right to counsel and dismissed criminal DWI refusal charges and reinstated his driving privileges. Attorney and Partner Eric Nelson successfully argued that the officer violated his client’s right to speak with a lawyer prior to deciding whether to submit to chemical testing. Our client initially declined his right to speak with a lawyer, however, immediately changed his mind and told the officer that he did want to speak with a lawyer. Because the officer refused to allow our client an opportunity to speak with an attorney after he had changed his mind, the court ruled that the officer violated the right to counsel.

Challenge Could Change How MN Prosecutes DWI – KSTP EYEWITNESS NEWS REPORT 1/11/10
In a rare move, the Minnesota Supreme Court gave hundreds of accused drunken drivers the okay to join forces to fight their case.
The decision sets up what promises to be a historic showdown in court.
It gives people arrested on suspicion of drunken driving the chance to challenge a breath test machine designed to determine blood alcohol levels. It’s called the Intoxilyzer 5000 EN.
Marsh Halberg is leading a group of defense attorneys in challenging the source code, or programming, of the machine.
Halberg said, “Before you have that dramatic effect on somebody’s livelihood, their ability to own a car, ability to put food on the table, to be convicted of a crime, to go to jail, all those other issues that are there, we have a right to challenge that evidence. You say I did something wrong. Prove it.”
The Minnesota County Attorneys Association supported the move to consolidate the cases. The group hopes to put to rest any doubt that the machine works.
Bill Lemons, who is a member of the group, said, “We believe that it is accurate, reliable, that it works.”
The Supreme Court order sends potentially thousands of cases to a judge in Scott County. A trial on whether the test is accurate could happen as soon as May.
The Minnesota Supreme Court has previously consolidated criminal cases. Twenty years ago it consolidated a large number of cases into one trial in the battle over whether DNA could be used as evidence.

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