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Appelman, Olson & Kans, P.A. Successes Appelman, Olson & Kans, P.A. has successfuly handled hundreds of criminal and DWI cases in the Minnesota, Minneapolis, and Saint Paul area.. Here is but a few of those cases: CALL 1-800-342-5394 NOW OR:
Appelman, Olson & Kans, P.A. Successes Jury Returns Verdict of Not Guilty on All Counts! State of Minnesota v. S.C.B. Felony Assault Offense S.C.B. was charged with Assault in First Degree, Assault in the Second Degree, Assault in the Third Degree, and Criminal Vehicular Operation, Leaving the Scene - Great Bodily Harm. S.C.B. was accused of intentionally running over his girlfriend's father. Eric Olson took the case to trial after his client was offered a misdemeanor plea agreement. The jury found S.C.B. not guilty of all charges and the lead investigator in the case sent the following e-mail to Mr. Olson after the trial. "Just a quick note to say congrats (I guess) on the S.C.B. trial last week. Juries can be both marvelous and notorious and one just never knows what goes through their minds. Although, I never thought jail or prison was in line for your client, I thought some type of accountability was due on his part. It was obvious your point was the one the jury chose. Thanks for your professionalism during the trial." Doug Kans Overturns Lower Court Decision on Appeal State of Minnesota- Minnesota Court of Appeals Mr. Kans represented the Appellant in this case. In this case, Mr. Kans' client was asleep in his car, behind the wheel, in the parking lot of an apartment complex. The police received an anonymous call of a suspicious vehicle and responded by pulling their squad cars directly behind the Appellant's car. Mr. Kans argued, before the Court of Appeals, that when the officers pulled directly behind his client a seizure had occurred; therefore, his client, at this time, was entitled to constitutional protection. Furthermore, the officers did not have an "articulable reasonable suspicion" to seize his client at that point. The Court of Appeals agreed with this argument and reversed the lower court's decision. Another Not Guilty Verdict for Eric Olson's Client State of Minnesota v. B.L.M. Felony Sex Crime On February 2, 2007, Eric Olson tried a case in Anoka County where their client was charged with two counts of criminal sexual conduct in the second degree. After a week long trial, the jury returned verdicts of not guilty on all charges. Jury Acquits Avery Appelman's Client State v. D.S. 5 th Domestic Assault Avery Appelman's client D.S. was a Sergeant in the U.S. Army National Guard. He was charged with a 5 th Degree Domestic Assault in Wright County. If convicted, D.S. would be prohibited by Federal law from possessing a firearm, thereby ending his career with the U.S. armed forces. The State was unwilling to negotiate and Mr. Appelman took the case to trial and won. D.S. was found not guilty by the Wright County Jury. Jury Acquits Eric Olson's Client charged with a Felony Sex Crime State of Minnesota v. V.S.X. V.S.X. was charged by complaint in Ramsey County with Criminal Sexual Conduct in the Third Degree, and two counts of Hiring a Minor to Engage in Prostitution. At trial, witnesses identified V.S.X. as the person who was solicited the minor but after a lengthy trial, the jury agreed with Eric Olson and found V.S.X. not guilty of all charges. Avery Appelman obtains a "Not Guilty" Verdict for his client State vs. T.C. 5 th Degree Domestic Assault Mr. Appelman's client, T.C., was a commercial property developer who was charged with 5 th Degree Domestic Assault in Medina, Hennepin County. T.C. perpetually denied assaulting his estranged wife. The Medina city attorney adamantly refused to negotiate a resolution to T.C.'s case. Mr. Appelman's court room savvy and dedicated aggressive approach proved victorious as the jury found T.C. not guilty after a short deliberation. Judge Dismisses Case Against Mr. Kans' Client State of Minnesota Mr. Kans represented a defendant charged with fleeing a police officer in a motor vehicle (motorcycle) that was alleged to have traveled well over 100mph during a high speed chase with the police. Mr. Kans argued that the police officer's subsequent traffic stop of defendant's motorcycle 15 minutes later violated his constitutional right against unreasonable searches and seizures. The District Court granted the defendant's motion to suppress all evidence obtained as a result of the stop and dismissed the criminal charges for lack of probable cause. Jury Verdict of Not Guilty for Eric Olson's Client State of Minnesota v. K.H. Felony Drug Offense K.H. was charged with Aiding and Abetting Controlled Substance Crime in the Third Degree- Sale and Aiding and Abetting Controlled Substance Crime in the Fifth Degree - Sale in Hennepin County. In December of 2007, Eric Olson and his client went to trial and the jury acquitted his client on all charges. Merry Christmas! Doug Kans' Client Found Not Guilty!!! State of Minnesota Mr. Kans represented a defendant that was charged with 5th Degree Domestic Assault against his wife. At trial, the defendant was found not guilty of all charges. Judge Agrees: Breath Test is Inaccurate and Unreliable due to Acid Reflux State vs. D.C. DWI Offense An example of cutting edge DWI defense. Avery Appelman's client, D.S. was charged with a misdemeanor DWI for having a blood alcohol concentration in excess of the legal limit. The client suffers from a disease: gastro esophageal reflux (acid reflux) which manifested itself by the perpetual regurgitation of D.C.'s stomach contents into his mouth. Mr. Appelman, employing the use of a forensic toxicologist, successfully argued that the breath test D.C. submitted to was inaccurate and unreliable. The court ordered D.C.'s driver's license reinstated and ultimately the state prosecution was resolved with a plea to a petty misdemeanor (non-criminal) speeding charge. Doug Kans Gets Drugs Suppressed and Case Dismissed! State of Minnesota Mr. Kans represented a defendant charged with possession of a controlled substance discovered after a routine traffic stop. Mr. Kans argued, on behalf of his client, that the police officer's subsequent search of defendant's vehicle violated his constitutional right against unreasonable searches and seizures. The District Court agreed with Mr. Kans and granted defendant's motion to suppress the evidence found in the vehicle and to dismiss all charges for lack of probable cause. Jury Acquits Eric Olson's Client of Felony Domestic Assault by Strangulation State of Minnesota v. S.J. H. Felony Domestic Assault by Strangulation S.J.H. was charged with Felony Domestic Assault by Strangulation and Domestic Assault in Dakota County, Minnesota. In May of 2007, Eric Olson took the case to trial and the jury returned verdicts of not guilty on all charges. Eric Olson Convinces Jury to Acquit his Client of Felony Criminal Sexual Conduct State of Minnesota v. T.J.M. Felony Criminal Sexual Conduct T.J.M. was charged with two counts of Criminal Sexual Conduct in the Second Degree in Dakota County, Minnesota. Eric Olson challenged the allegations at trial and was successful. The jury found T.J.M. not guilty of all charges. Felony Drug Offense Dismissed! State vs. A.R Felony Drug Possession with Intent to Distribute. Avery Appelman represented A.R., who on the same day he was released from Stillwater Penitentiary (for a felony drug conviction) was arrested for possessing nearly 3 ounces of cocaine. A.R. was a three time felon, who was confronted with serious consequences (over 120 months in prison), if he were to be convicted of the new felony drug offenses. Mr. Appelman successfully argued that the police officer's violated A.R.'s constitutional rights when they unlawfully searched him incident to the arrest of the driver of the vehicle A.R. was a passenger in. With the 3 ounces of cocaine suppressed, the Hennepin County District Court dismissed the charges against A.R. and released him from custody. Avery Appelman Defends Prostitute and Case is Dismissed! State vs. A.F.D. Prostitution Mr. Appelman's client, A.F.D., was an independent escort operating in the metro area. She was contacted by law enforcement from one of her internet advertisements. She proceeded to "john's" location and began the session by undressing herself; the undercover police officer got completely undressed and began to perform a sexual act on Ms. A.F.D. After performing the sex act, the officer identified himself and arrested A.F.D. for prostitution. Mr. Appelman challenged the validity of the arrest, claiming that the police officer acted in such an "outrageous" manner that the charges should be dismissed on due process grounds. The state agreed and the case against A.F.D. was dismissed. Eric Olson Convinces Judge to Dismiss Case Due to Lack of Evidence State of Minnesota v. L.M.N. Felony Burglary and Motor Vehicle Theft L.M.N. was charged with aiding burglary and motor vehicle theft in Le Sueur County, Minnesota. Eric Olson successfully convinced the Court that the State lacked sufficient evidence to proceed with the charges. Mr. Olson's motion to dismiss was granted. Avery Appelman Get DWI Offender's Driver's License Reinstated State v. D.D. DWI Offense D.D. one of Avery Appelman's clients, was charged with a DWI in Dakota County. Avery challenged the validity of the stop of D.D.'s vehicle. A Dakota County judge agreed that D.D.'s was stopped for no justifiable reason and reinstated D.D.'s driving privileges. The state ultimately dismissed the criminal case against D.D. Doug Kans Argues Successfully to have DWI Dismissed State of Minnesota Mr. Kans represented a defendant charged with driving a motor vehicle after consuming alcohol and while being underage. Mr. Kans argued that the traffic stop of defendant's motor vehicle was a violation of his constitutional right against unreasonable searches and seizures. The District Court granted the defendant's motion to suppress all evidence obtained as a result of the stop and dismissed the criminal charges for lack of probable cause. Unlawful Search Leads to Dismissal to Doug Kans Client! State of Minnesota Mr. Kans represented a defendant who was arrested and charged with a DWI after several police officers entered his apartment and subsequently placed him under arrest for DWI and Hit and Run. Mr. Kans argued that the police officer's entry into the apartment was a violation of defendant's constitutional right against warrantless entries into the home. The District Court agreed and dismissed the criminal charges against the defendant. Case Dismissed Against Avery Appelman Client State v. J.K. Gross-Misdemeanor False Information to Police J.K. while represented by Avery Appelman had an Anoka County prosecution for underage DWI and gross-misdemeanor Providing False Information to Police was dismissed. Doug Kans Argues and Gets DWI Dismissed! State of Minnesota The defendant's motor vehicle was stopped by a State Trooper after the Trooper observed the vehicle's tires cross the fog line on the right hand side of the road. Because of this conduct, the time of night, and because it was a weekend night, the Trooper thought the defendant may be under the influence of alcohol.. Mr. Kans argued that this basis was insufficient to support a traffic stop under the law. The District Court Agreed and rescinded (dismissed) the license revocation. Subsequently, the criminal charge of DWI was dismissed by the prosecutor as a result of this decision. Yet Another DWI Dismissed Thanks to Doug Kans' Legal Argument! State of Minnesota Mr. Kans represented a client that was charged with driving a motor vehicle while having a BAC of .14. At the client's license revocation hearing, Mr. Kans argued that the police officer did not have a sufficient basis to have the defendant blow into the PBT. Furthermore, Mr. Kans argued that the police did not have sufficient probable cause to arrest the defendant for driving under the influence. The District Court agreed on both counts and rescinded (dismissed) the license revocation. Subsequently, Mr. Kans was able to prevent a conviction for DWI. Avery Appelman Convinces Judge that Breath Test is Inaccurate! State vs. R.L. DWI Offense Another one of Avery Appelman's successful DWI representations! R.L. was driving a vehicle when he was struck on two sides by vehicles involved in a deadly collision on the opposite side of the road. Although not in anyway involved in the accident, the police forced R.L. to submit to a blood test which revealed the presence of cocaine. Avery Appelman successfully pointed out the lack of probable cause necessary to compel a blood test, and the state was forced to dismiss the DWI charges against R.L. Drugs Suppressed and Case Dismissed Thanks to Eric Olson's Argument!! State of Minnesota v. R.S.A. Felony Manufacturing of Marijuana R.S.A. was charged with a controlled substance crime in Rice County, Minnesota. Eric Olson challenged the validity of the search warrant at a contested Omnibus hearing and asked the Court to suppress all of the evidence seized by law enforcement. The search warrant was littered with rumors and mere suspicion but very few hard facts. The Court agreed with Mr. Olson's position and suppressed all of the evidence seized and dismissed all charges against his client. Eric Olson Gets DWI Client's Driver's License Back! D.R.S. v. Commissioner of Public Safety DWI Offense D.R.S. was charged with D.W.I. in Hennepin County. D.R.S. started to turn into a gas station parking lot late in the evening but changed his mind and continued on to a friend's house. An officer in the parking lot thought this conduct was suspicious and followed D.R.S. and eventually stopped him. Eric Olson argued to the Court that the officer failed to articulate a legal basis for the stop, and the Court agreed. All charges were dismissed. DWI Dismissed due to Avery Appelman's Persuasive Argument!! State vs. E.M. DWI Offense E.M. was charged with a DWI, and then Avery Appelman began to represent her. Once involved in the case, Mr. Appelman investigated the facts surrounding the E.M. encounter with the police and argued that the police could not prove she was actually driving the vehicle. As a direct result of Avery's arguments, E.M.'s case was dismissed. Doug Kans Gets DWI Client Their Driver's License Back! State of Minnesota Mr. Kans represented a defendant that was charged with driving a motor vehicle while having a BAC of .18. At the defendant's license revocation hearing, Mr. Kans argued that her right to consult with an attorney before deciding to whether to take the intoxilyzer test was not vindicated by the police officer. The District Court agreed and rescinded (dismissed) the defendant's license revocation. As a result, Mr. Kans was able to prevent a criminal conviction of DWI. Doug Kans Ensures DWI Case Dismissed!! State of Minnesota Mr. Kans represented a defendant that was charged with Gross Misdemeanor DWI after her vehicle was stopped for suspicious driving conduct. Mr. Kans argued that the police officer did not have a sufficient basis to stop defendant's vehicle. The District Court agreed and the criminal charges were dismissed. Avery Appelman Successfully Returns Motorcycle Used in Felony Fleeing!! H.N. (owner) vs. Motorcycle Forfeiture of vehicle used in Felony Fleeing H.N. was the owner of a vehicle used in connection with a Felony Fleeing in Washington County. Mr. Appelman represented H.N. and argued that he was the innocent owner of the vehicle and had no knowledge of its use in connection with the felony, nor did H.N. give his permission for his property to be so used. The Court agreed and ordered the return of the motorcycle to H.N. Doug Kans Prevents a DWI Conviction! State of Minnesota Mr. Kans argued on behalf of his client that her right to speak with counsel prior to submitting to the intoxilyzer test was not vindicated by the police officer. The District Court agreed and suppressed the results of the intoxilyxer test. As a result, Mr. Kans was able to prevent a criminal conviction for DWI. Court Agrees with Doug Kans: "Traffic Stop Unlawful!"-Driver's License Reinstated! State of Minnesota Misdemeanor DWI-Illegal Traffic Stop Client was charged with driving a motor vehicle with a blood alcohol concentration of .15. Mr. Kans challenged that the traffic stop of her motor vehicle by the police was unlawful. The District Court, at the defendant's license revocation hearing, agreed and rescinded(dismissed) the license revocation. As a result, Mr. Kans was able to prevent a criminal conviction of DWI. Avery Appelman Successfully Prevents Felony Theft Charges! State vs. J.W. Felony Theft Avery Appelman received a frantic call from J.W. as the Minneapolis police stormed into his hotel room and arrested him for Felony Theft. J.W. had held his company's holiday party at a downtown Minneapolis restaurant, and disagreed with the bill. Having discussed the matter with the manager, J.W. left, believing the matter resolved. The establishment's manager called the police who located J.W. in his hotel room and arrested him. Mr. Appelman immediately got bail set and had J.W. released. Simultaneously, Avery negotiated with the restaurant owners and the police to resolve the matter civilly and without a felony charge being filed. Doug Kans Prevents DWI Conviction - Again!!! State of Minnesota Mr. Kans represented a defendant that was charged with DWI. At the defendant's license revocation hearing, Mr. Kans argued that due to the defendant's post consumption of mouthwash, just prior to taking the intoxilyzer test, rendered the intoxilyzer test unreliable. The District Court agreed and rescinded(dismissed) the license revocation. As a result, Mr. Kans was able to prevent a criminal conviction for DWI. Avery Appelman Argues Successfully that Breath Test is Inaccurate! State vs. R.L. DWI Offense R.L. was a tenured Northwest Airline mechanic. He left work one day, had one beer and was stopped by the police and charged with a DWI. In the weeks preceding his arrest, R.L. had been working with many chemicals for hours each day. Mr. Appelman argued that these chemicals were absorbed by R.L.'s body and then were emitted into the breath test machine which caused an unusually high blood alcohol concentration result. The Court agreed and reinstated R.L.'s driver's license and the state ultimately dismissed the criminal charges against R.L. Yet Another Breath Test Found Inaccurate Due to Arguments Presented by Avery Appelman! State v. J.S. DWI Offense J.S. was a Northwest Airline mechanic who corked with chemicals. These chemicals were absorbed into J.S.'s body and as a result his breath test was contaminated. The Court found J.S.'s breath test to be inaccurate and unreliable and reinstated J.S.'s driver's license; the state dismissed the criminal charges against J.S. Court Agrees: "Breath Test Unreliable" - Doug Kans State of Minnesota In this particular case, the defendant was chewing tobacco prior to submitting to the intoxilyzer. Mr. Kans argued thatthe police officer did not follow proper procedure to ensure the tobacco was out of defendant's mouth prior to the test and that because of this, the test could not be relied upon. Although the defendant's blood alcohol level was a .23, Mr. Kans was still able to prevent a criminal conviction for DWI. Please call Appelman, Olson & Kans, P.A. so that we may provide you with compassionate service and experienced representation. We look forward to speaking with you soon. Call 1-800-342-5384 Now!!
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