Current Issues, News and Recent Case Results
Recent Events and Criminal Defense News
State of Minnesota v. W.K. (April 6, 2016 - Dakota County)
My client was charged with Felony - Threats of Terror and Misdemeanor Domestic Assault. Jury verdict was not guilty on both counts after 2 hours of deliberations. In terms of evidence, the Complainant initially reported the incident as a verbal argument, but later changed her story 2 days later to state that he had physically assaulted her and made threatening statements. The change in her statement helped the defense a great deal. There were lots of text messages during that 2 day period that were fairly cordial and which helped the defense win case. If you are involved in a case of this type, remember that your text messages and emails can help you win your case! Be sure to call Attorney Ohlenberg so that you have good representation in your case and get the best possible result!
State of Minnesota v. C.O. (March 17, 2014 - Carver County)
Along with Co-Counsel, the Ohlenberg Law Office obtained a dismissal from the District Court Judge of a felony charge where client was charged with "possessing a pistol/assault weapon where he had a prior conviction for a crime of violence." As a result, the Defendant would not normally be allowed to possess firearms. However, under the facts and circumstances that existed here, the Judge dismissed the case because he agreed with the defense that the State, "by its repeated conduct, passively and actively? has misled the Defendant as to his ability to possess firearms in a lawful manner."
The District Court decision is currently being appealed by the County Attorney's Office To the Minnesota Court of Appeals in St. Paul. Oral arguments are scheduled for the middle of May, 2014.
Minnesota v. T.G. (Jan 11, 2013 - Blue Earth County)
Along with co-counsel, Michael McDonald, Ohlenberg Law Office obtained a Not Guilty verdict In an extremely high stakes Criminal Sexual Conduct touching case in Blue Earth County. The jury came back not guilty on all 6 counts, which would have taken away the career, reputation and freedom of an M.D./Opthalmologist who was charged with improperly touching two female patients.
You can read the article in the Mankato Free Press Here.
State of Minnesota v. D.C. (Dec 1, 2011 - Hennepin County)
Client was charged with felony criminal sexual conduct in the 2nd degree.
The case was based solely on the uncorroborated statement of a child and there
was a lot of fantastical elements to his story. The alleged incident supposedly occurred approximately 2 years ago, but the State did not know in what month it supposedly occurred, and changed the date of the alleged offense by 7 months at the end of the trial. Client was 65 years old with no prior sexual offense charges or convictions on his record. The jury came back with a Not Guilty verdict within 2 hours of being given the case. All charges dismissed!
State of Minnesota v. R.W.(decision pending)
Mr. Ohlenberg is currently handling an appeal to the Minnesota Court of Appeals of a probation violation case where the defendant's sentence was executed and defendant was sent to prison to serve the balance of his sentence for failing to successfully complete sex offender treatment. This is a situation where the defendant did not re-offend but, instead, his violation was that he did not get along well with his counselors at the treatment program who thought he was not progressing at a rapid enough pace through the treatment process.
(click here to read full article)
Suppression Hearings (known in Minnesota as Rasmussen Hearings)
In addition to seeing if the parties you resolve a criminal case prior to the start of trial, other issues are decided by a judge before the start of trial. The most common types of pretrial matters that are heard before trial are issues relating to the admissibility of evidence were there to be a trial.
(click here to read full article)
State of Minnesota v. M.J.R. (2008)
Client was originally charged with a first degree assault allegedly resulting in great bodily harm to the victim. We had a hearing on the extent of the harm which the victim had suffered and that charge was dismissed. Eventually a plea bargain was worked out that resulted in defendant serving some local jail time, and not being sent to state prison as has originally been anticipated.
In February of 2011 Mr. Ohlenberg co-authored a friend of the court Brief to the Minnesota Supreme Court in the State v. Randolph Case (A10 - 1557) on behalf of the Minnesota State Bar's Criminal Law Section arguing the Minnesota's 87 counties need to pay for the cost of appealing cases to the Minnesota Court of Appeals for people who are too poor to pay to appeal their misdemeanor level cases.
Felony 2nd degree drug case dismissed by Dakota County prosecutor in the interests of justice:
At the suppression hearing before trial, the Detective testified that over 7 grams of meth was found in a film canister located in a 30 gallon plastic storage bin located not in the apartment storage unit but underneath it, ie., sitting out in the parking space because my client was in the process of moving between units in the apartment building. I told prosecutor that - at trial - the State couldn't prove the meth was my client's, and she ultimately agreed with me. Anyone could have put the meth in the unlocked plastic storage bin for temporary storage. The only thing that tied my client to the drugs was that there was some women's clothing in the storage container and an old speeding ticket in her name. The Prosecutor handling the case decided to Dismiss it prior to trial in the "interests of justice."
Had my client gone to trial and been convicted, she was looking at 48 months in prison.
Attorney Ohlenberg quoted in Minnesota Lawyer on 4-19-2010 regarding implications of new U.S. Supreme Court ruling in the Padilla v. Kentucky case.
T.A.N. v. Commissioner of Public Safety
Court in Dakota County rescinded petitioner's drivers license revocation holding that the officer did not show by a preponderance of the evidence that a hand to hand drug exchange had occurred or that he saw an object hanging from petitioner's rear view mirror prior stopping the vehicle. (2009)
State v. N.J.L.
Court after trial to a Dakota County judge found defendant not guilty of going 57 mph in a 45 mph zone because "there is reasonable doubt pertaining to ... the calibration and daily logs." (2007)
State of Minnesota v. B.G.L.
Jury acquittal for client in Kannebec County on charge of felony terroristic threats. Client told his Mother that the jury decision instilled in him a trust for the legal system when he plays by the rules. (2007)
J.E.S. v. Commissioner of Public Safety
Dakota County judge rescinded petitioner's drivers license revocation holding that the officer did not vindicate the petitioner's right to counsel when the officer advised petitioner that he had forfeited his phone privileges when he slammed down the telephone after using the phone for approximately seven minutes.