Recent Criminal Defense Cases

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Criminal Defense Report - Recent Cases

Below you will find just a small sampling of our successful client representation in criminal and DWI cases.

(Locations and names in the following real stories have been fictionalized to protect client anonymity.)

Criminal Sexual Assault Prison Sentence Avoided

POSTED: 2:12 p.m. CST January 31, 2008

CHASKA, MN - After a hearing to address the ability of the alleged six year old child victim's competency, a plea agreement was reached to avoid any prison sentence. Jose Ramirez was charged with first degree criminal sexual conduct with maximum penalties of up to thirty years in prison and a a presumptive sentence of twelve years. Based on the plea negotiations, Mr. Ramirez was released after serving less than one year in county jail.

Minneapolis Man's DWI dismissed

POSTED: 1:00 p.m. CST January 12, 2008

MINNEAPOLIS- In 2007, Law enforcement officers received a call that a vehicle was driving erratically. Officers responded and stopped the vehicle without observing any driving conduct by the defendant. The reasonable suspicion for the stop was attacked by defense attorney Maury D. Beaulier and after a probable cause hearing on the issue, the stop was deemed invalid and the charges dismissed without a trial.

Man Acquitted of 1st Degree Criminal Sexual Conduct

POSTED: 7:24 p.m. CST November, 2007

JACKSON, MN- After a three day trial Max Sweldon was acquitted of fist degree criminal sexual conduct charges. Max was facing a presumptive sentence of twelve (12) years in prison if convicted.

Max was accused by his wife of sexually assaulting their four year old daughter. the allegations came as the couple was discussing divorce and custody issues. Maury D. Beaulier aggressively challenged the social worker's interview of the minor child and relying on the testimony of an expert witness was able to have it excluded at trial as highly suggestive and incompetent. In a competency hearing, the child was also deemed too unreliable to testify. The state proceeded with physical evidence that was attacked as speculative and indicative of many possible causes. A jury of twelve members acquitted Max Swelton of all charges after only fifty (50) minutes.

Officer Fails to Make Observation Sufficient to Conduct Field Sobriety Tests

POSTED: 9:29 a.m. CST April 24, 2007

BLOOMINGTON- A Bloomington Law enforcement officer stopped a vehicle after it entered interstate 494 when the vehicle failed to signal its lane change and crossed over a lane line. The driver stopped his vehicle immediately on the shoulder and was identified as John Halzinger. While speaking with Mr. Halzinger, the officer detected what he described as "an odor consistent with an alcoholic beverage." Based on that scent, the officer asked Mr. Halzinger to step from the vehicle and perform a variety of field sobriety tests including the walk and turn, one leg stand, and horizontal gaze nystagmus (HGN). Finally, the officer had Mr. Halzinger provide a preliminary breath test (PBT) which registered in excess of .08 and placed him under arrest.

At trial, attorney Maury D. Beaulier cross examined the officer with regard to his reasonable belief that Mr. Halzinger was intoxicated. Mr. Beaulier asked the officer if he understood that alcohol, in its pure form, has no aroma. After conceding that point, the officer also acknowledged that a scent consistent with an alcoholic beverage could be consistent with non-alcoholic beverages as well including near beers, virgin daiquiries and other similar beverages. Mr. Beaulier also noted that the officer failed to include any observations that Mr. Halzinger displayed a lack of dexterity when presenting his license and registration or a lack of balance when exiting his vehicle. Similarly lacking were any observations that the driver had a flushed face, watery or bloodshot eyes or slurred speech.

At the conclusion of the trial, Mr. Beaulier argued that the officer lacked a reasonable, articulable suspicion that Mr. Halzinger was intoxicated and, as a result, did not have the requisite basis to proceed with field sobriety tests or any breath testing. After a deliberation, the court agreed and Mr. Halzinger's license revocation was rescinded and his license reinstated. The criminal case for DWI was similarly dismissed.

Bloomington Man's DWI license revocation rescinded and DWI charges dismissed

POSTED: 9:04 p.m. CST March 17, 2006

BLOOMINGTON- In 2005, Law enforcement officers received a call that a vehicle was parked along a curb in a residential neighborhood and that a man was passed out on the sidewalk area near the vehicle. After responding to the scene, officers found a parked vehicle with its lights on and roused an intoxicated the Mark Haman on the sidewalk who stated repeatedly that he had not been driving and that he had received a ride to the location from a third party. Police contacted the third party who denied driving. Police cited Mr. Haman with DWI and revoked his driving privileges.

In an Implied Consent hearing, Defense Attorney Maury D. Beaulier presented testimony from the reluctant third party. He agreed that he was at a house party with Mr. Haman. He also agreed that he left the party driving Mr. Haman's vehicle, however, Mr. Haman was intoxicated and belligerent. As a result, the driver became aggravated, pulled to the side of the road and called his girlfriend to pick him up.

The driver's girlfriend also testified that she picked the driver up. Neither witness could recall whether the vehicles lights were left on. The driver testified that he lied to police when the called because he was frightened. He, however, denied drinking.

The trial court found the witnesses were not credible and sustained the revocation and the DWI. Attorney Beaulier, believing that the ruling was contrary to the evidence appealed. However, before the appeal could be heard, the Attorney General's Office agreed that the evidence was weak and agreed to rescind the revocation. The DWI criminal charges were also dismissed.

Edina Woman's DWI charges dismissed After Pretrial Hearing

POSTED: 5:00 p.m. CST March 14, 2006

MINNEAPOLIS-- Helen Eires was stopped and cited with a DWI after testing with a Blood Alcohol Content of .14.

In a pretrial hearing, the officer stated that she stopped Helen Eires as she exited a highway ramp. The officer initially observed her vehicle approaching rapidly from behind and estimated that she was traveling in excess of the posted speed. The officer pulled to the shoulder to get behind the vehicle and observe it further. The officer created a hazard. The Officer also testified that as the vehicle passed her location, it almost side swiped her car. Although the officer testified that the vehicle "must have" crossed a lane line as it passed, the officer admitted she was unable to observe it doing so and that she made no notation in her report about crossing a lane line.

The officer followed the suspect vehicle for another quarter of a mile before activating her lights and stopping the suspect. No other violations were observed. All turns were signaled.

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Maury D. Beaulier argues that the search and seizure by officers violated the law and ultimately successfully sought a dismissal of all charges
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Defense Attorney Maury D. Beaulier elicited a number of inconsistent statements between the officer's testimony and her police report. Mr. Beaulier argued that the officer lacked the requisite reasonable suspicion to stop the vehicle and was acting only on whim and caprice. The Judge agreed and the stop was ruled unconstitutional and charges were dismissed.

Minnetonka Woman's DWI charges dismissed After Pretrial Hearing

POSTED: 1:12 p.m. CST September 15, 2005

MINNEAPOLIS-- Police stopped Janet Majors as she was traveling through a Minneapolis suburb at 2:00 a.m. with two friends. After determining that Ms. Majors was under the age of 21 and may be under the influence of alcohol, the officer conducted field sobriety tests and ultimately arrested Ms. Majors for a Drunk Driving violation. Later, at the suburban police station, Ms. Majors provided a breath test that indicated a .17 Blood Alcohol Content. She was charges with DWI and Underage Drinking and Driving.

Maury D. Beaulier argues that the search and seizure by officers violated the law and ultimately successfully sought a dismissal of all charges
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At a pretrial hearing, the arresting officer testified that he had stopped Ms. Majors automobile after running the vehicles license plate. The computer check revealed that the car was registered to a male (Ms. Major's father) and that the vehicle was not traveling in the most direct route to the vehicles registered location. Instead, it had turned down residential sides streets.

The officer acknowledged that the vehicle had committed no moving violations. It was also not swerving or in any other way acting in a suspicious manner.

After brief arguments, the Court dismissed all charges on the basis that the officer lack the necessary probable cause to stop Ms. Majors vehicle. Her license was also reinstated in a later implied consent hearing.

DWI Dismissed Based on Tainted Evidence

POSTED: 8:00 a.m. CST August 6, 2005

MINNEAPOLIS-- Police testified that the arresting officer had a civilian ride along passenger in his vehicle on the night that Sarah Jones' vehicle was stopped for weaving. After conducting some field sobriety tests, Sarah was arrested for drunk driving and later, at the police station, submitted to a breath test resulting in a Blood Alcohol reading in excess of the legal limit. A review of custodial videotapes by her counsel Maury D. Beaulier, revealed some procedural irregularities. When confronted on the witness stand, the arresting officer conceded that his ride along passenger had also accompanied him back to the police station and into the room where the breath test was performed.

Under cross examination, the officer also revealed that his ride along passenger was not a certified Intoxilyzer operator and that the officer had requested this civilian to press the start button on the intoxilyzer machine after it timed out and went into sleep mode, much like a computer screen saver.

In arguments to the Court, defense attorney, Maury D. Beaulier, argued that the test results were tainted by the operation of the testing apparatus by an uncertified civilian operator. The Court agreed and the breath test was suppressed ultimately resulting in the dismissal of the DWI charges.

Second Degree Assault Charges Dismissed

POSTED: 10:00 a.m. CST July 30, 2005

MINNEAPOLIS-- In December, 2004, Matt Blanca's life fell into a downward spiral when he was charged with a second degree assault for allegedly threatening his wife, Marjorie, and their infant child with a loaded revolver on Christmas day. The charge carried with it penalties of up to seven years in prison and a $14,000 fine.

The criminal charges were leveled against Mr. Blanca only after he and his wife had argued and even discussed divorce and custody of their child. It was clear to both that the divorce and custody issues would be hotly contested. Matt Blanca was adamant that he was a victim of false allegations of abuse only so that his wife could gain an advantage in a subsequent divorce and custody proceeding.

Based on the allegations of his wife, Matt Blanca was arrested and immediately jailed. He would spend many days in jail before he was released on bail. After his release, Matt Blanca quickly retained the legal services of defense attorney Maury D. Beaulier. Immediately, an exhaustive independent investigation was conducted. As the investigation unfolded, significant inconsistencies in Marjorie's story were soon discovered.

Marjorie alleged that the Matt had assaulted her with a loaded revolver early in the morning on December 25, 2004, pointing it the pistol at both her and their infant child. Yet, it was uncontested that despite this traumatic event, Marjorie did not call the police. In fact, cell phone records revealed that she did not call anyone. Instead, Marjorie calmly packed her car with presents, dressed her child, and proceeded to her parents house for a family gift exchange.

Despite what she described as a traumatic ordeal back at the family home where she feared for her life, Marjorie spent several hours with her family and friends mentioning the incident only in passing to a family friend.

It was only after leaving her parents home at approximately 1:00 p.m. that Marjorie contacted the police. In that 911 call she sounded distraught, alarmed and was weeping inconsolably. It was shortly thereafter that Marjorie made a police report and Matt Blanca was arrested on charges of assault that

In the continuing investigation by the defense, interviews with witnesses revealed that Marjorie and a history of embellishing stories and that she had previously acknowledged in a notarized letter that she had fabricated allegations of abuse. Records were also produced that supported Matt Blanca's contention that he did not own a revolver such as the one described by Marjorie. He had owned a similar weapon, but it had been sold several months before the alleged assault.

This evidence was carefully compiled and presented to the Hennepin County Attorney. After several hearings on pretrial issues, the County acknowledged the weaknesses of their case and all charges were voluntarily dismissed.

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Anoka County Woman DWI and Resisting Arrest Charges Dismissed

POSTED: 8:157 p.m. CST December 7, 2004

ANOKA-- Police testified that Mary Jo Ellsbeth was called in by a passing motorist who observed her driving erratically. Law enforcement was given the address when Ms. Ellsbeth's vehicle was parked and proceeded to the location. Upon arrival, the officers knocked on the door and were met by a fourteen year old daughter residing at the residence. With permission from the juvenile, police entered the home and the back yard where they located Ms. Ellsbeth hiding under the attached deck to the house.

Ms. Ellsbeth refused to communicate with officers. Ultimately they attempted to remove Ms. Ellsbeth from her location. When she resisted, she was tazed several times and taken to the Anoka County facility where she was charged with resisting arrest and DWI,

Maury D. Beaulier argues that the search and seizure by officers violated the law and ultimately successfully sought a dismissal of all charges

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Under cross examination, the officer acknowledged that they observed no driving conduct. they also reluctantly agreed that their police reports did not indicate that they had announced to Ms. Ellsbeth that they were police officers before attempting to forcibly remove her from her location.

After the testimony was heard, defense counsel Maury D. Beaulier asked that the Court dismiss all charges based on an illegal search and seizure.

The Court agreed and charges against Ms. Ellsbeth were dismissed. In subsequent proceedings her driving privileges were also reinstated.

Rice County Mother Acquitting of Child Abuse Charges

POSTED: 3:00 p.m. CST August 15, 2004

FARIBAULT-- Sandy Modor was tried in Rice County Court on charges that she had physically abused her severely disabled son.

The disturbing allegations of the criminal complaint alleged that Ms. Modor had physically beaten her son who suffered from a myriad of birth defects and learning disabilities which included facial deformities, and significant sight and hearing loss. The main evidence in the prosecution's case was the testimony of the child and of his school bus driver who claimed to have witnessed bruises on the boy, some of which were surrepticiously photographed.

During a three day trial, defense attorney Maury D. Beaulier was able to expose significant inconsistencies in the child's story as well as pointing out stunning similarities between the boy's claims and depictions in the Harry Potter books that the boy regularly read. In one particularly compelling exchange, Mr. Beaulier asked if the boy had ever lied, to which he reponded "yes." In response to follow up questions by Mr. Beaulier, he also conceeded that he had told lies that were so big it was difficult to change his mind and tell the truth. Under continuing cross examination, the boy also acknowledged that he had made false allegations of abuse in the past against a teacher at his school simply because he did not like him.

After four days of trial, the case was sent to the jury. In less than three hours, Sandy Modor listened teary eyed as the jury pronounced her "Not Guilty."

County Man Acquitted of Felony Fleeing Charges

POSTED: 3:47 p.m. CST February 16, 2002

MINNEAPOLIS-- Police testified that Rod Litner took them on a high speed chase across the county in order to evade arrest on a newer model motor cycle. Only when police finally able to close in on the suspect did Mr. Litner pull over.

Maury D. Beaulier elicited inconsistent testimony from the arresting officer resulting in an acquittal on charges of felony fleeing.

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Litner was charged with felony fleeing in order to avoid arrest, along with a number of other misdemeanor traffic charges.

On the witness stand, the defense attorney elicited testimony from the Office which was inconsistent with his police report. After the matter was submitted to the jury, it took less than one hour for a verdict of "not guilty" to be returned on the felony charge.

Felony DWI Dismissed in Minneapolis

POSTED: 12:00 p.m. CST August 24, 2004

Minneapolis--Maury D. Beaulier presented the defendant's legal brief to the Court asking for felony charges for a fourth DWI offense to be dismissed when police officers stopped a vehicle for failing to move one lane away from officers stopped on the shoulder of the road while making a different traffic stop. Beaulier, in arguments, cited a recent Court of Appeals case that determined the law required only that a vehicle passing a stopped police squad with activated lights must move over to the next available lane.

The District Court Court agreed with the defense and ruled that the law does not require a motorist to move a full lane away from officers stopped on the shoulder of the roadway. As a result, the stop was based on a mistake of the law and that mistake of law resulted in in an unlawful seizure invalidating the stop. As a result, the felony DWI offense was dismissed.

Attorney Succeeds in Seeking Early Release for Prisoner

POSTED: 6:32 p.m. CST January 8, 2002

MINNEAPOLIS--Matthew Edland was convicted of first degree murder for the killing of his wife, Mable Edland, in a drunken argument. Edland was sentenced to serve a life sentence. He and his supportive family thought that was where he would live out his life when he was found to have an aggressive cancer that was spreading.

On Thursday, however, that perception changed when attorney Maury D. Beaulier successfully sought early release in a post conviction habeus corpus action. Friday, Edland was released from prison and allowed to spend his remaining time with his children in Minneapolis

County Man Acquitted of Felony DWI

POSTED: 7:10 p.m. CST December 16, 2002

A City Police Chief testified that the defendant was involved in a one car accident with no injuries. However, suspecting that the driver was operating a motor vehicle while impaired, the officer transported the driver to a local hospital to supply a blood sample for testing to determine his blood alcohol content.

While on the witness stand the Police Chief was subjected to a probing cross examination by Maury D. Beaulier of the Beaulier Law Office regarding the procedures that were followed after the accident. This cross examination revealed numerous inconsistencies between the officer's testimony and his previously filed incident reports.

County Woman Acquitted of DWI Charges POSTED: 3:47 p.m. CST December 1, 2001

MINNEAPOLIS-- Marsha Zelnar was driving home from her office Christmas party when she stopped her vehicle on Black Dog road near alongside the Minnesota river to listen to a song recorded by a friend. Officer Musgrave had his vehicle pulled over on an overpass above Blackdog road where he was speaking with another officer in a second squad car. He claims to have observed Zelnar's vehicle pull off to the side of the road which caused him "grave concern." 20 minutes later, Officer Musgrave's "grave concerns" caused him to investigate.

As officer Musgrave's vehicle was diving down Black Dog road, he passed Marsha Zelnar's vehicle. He immediately pulled the vehicle over and noticing a scent of alcohol performed field sobriety tests before arresting Ms. Zelnar.

Ms. Zelnar was recovering from pneumonia and was unable to provide a breaths sample. EMTs were called to the station but were unable to draw a blood sample. Ms. Zelnar also refused to provide a urine sample and was ultimately charged with DWI-refusal to test.

Attorney Maury Beaulier's cross examination of Officer Musgrave resulted in a dismissal of all charges without a trial.

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Prior to trial, attorney Maury Beaulier challenged the initial stop, the probable cause to charge Ms. Zelnar and he argued that Ms Zelnar's refusal to provide a urine sample was reasonable.

After testifying in both the license revocation hearing and in the criminal proceeding, Officer Musgrave provided conflicting accounts regarding the reason for his stop of Ms. Zelnar. Ultimately the criminal charges were dismissed prior to trial and Ms. Zelnar's driving privileges were reinstated.

Sexual Abuse Case Thrown Out based on Repressed Memory Claim

POSTED: 3:47 p.m. CST February 16, 2002

WHEATON--Maury D. Beaulier presented the defendant's legal brief to the Court late Monday, arguing that the sexual abuse claims against local physician, Doctor Mishkin, should be dismissed based on inconsistent statements made by the alleged victims in the case who claimed to suffer from repressed memory.

After deliberation on the issue, the Court issued its ruling, agreeing with the Beaulier Law Office and dismissing all claims.

Attorney Succeeds in Seeking Early Release for Prisoner

POSTED: 6:32 p.m. CST January 8, 2002

County Man Acquitted of Felony DWI

POSTED: 7:10 p.m. CST December 16, 2002

Maury D. Beaulier elicited inconsistent testimony from the arresting officer resulting in a dismissal of all criminal charges and later reinstatement of driving privileges.

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At the conclusion of the case, the County District Court Judge suppressed as evidence the blood test and blood test results ruling that the officer had failed to provide the driver with his rights as required under the State's Implied Consent Statute, before requesting that the driver submit to intrusive blood testing.

County Man Receives No Jail Term on Child Pornography Conviction

POSTED: 5:30 p.m. CST October 12, 2002

County Resident Jorge Rodriguez appeared in District Court for a sentencing hearing on a felony charge of possession of child pornography. After arguments by defense Counsel Maury D. Beaulier regarding the weaknesses of the State's case and other mitigating circumstances, the District Court Judge issued a sentence which only included a minimal fine and probation without imposing any jail sentence.

While Mr. Rodriguez will still be required to provide a DNA sample and register with the state as a sexual offender, he did not receive the presumptive jail sentence of more than two years as recommended in the State's sentencing guidelines.

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