Recent Cases | Nelson Law, LLC Criminal Charges Attorney | Bellevue Des Moines Douglas County Iowa IA NE

Class III and Class IV felony charges reduced to Class I misdemeanor.
Our client was alleged to have been in possession of a large amount of marijuana and to have been an accessory to a distribution scheme. We prepared for trial with the intent to defeat the charges. On the eve of trial, the state made the offer to a misdemeanor which avoided the risk of a felony conviction and possible deportation from the United States. At sentencing, the Court simply imposed a fine instead of jail time or probation.
Not guilty verdict in federal drug conspiracy trial.
The jury came back with the verdict in a matter of minutes at the conclusion of the three day trial. As a result of our efforts, the client was released from custody and no longer faces the mandatory minimum ten year sentence that a conviction would have brought.
State dismisses case alleging felony assault on an officer.
We subpoenaed the records concerning the law enforcement vehicle and recording devices, as well as the officer's internal affairs records. Witnesses were also interviewed. The state was left with a case that relied on the officer's account which was inconsistent with prior testimony and the physical evidence. The dismissal on the eve of trial avoided any risk of an unfair conviction and a possible prison sentence.
Contested Criminal History Leads to Safety Valve Eligibility.
Using the commentary to the advisory sentencing guidelines, we were able to contest a conviction because our client was not represented by counsel at the time of his guilty plea to the state charge. Once that conviction was taken away from his criminal history calculation, our client became eligible under the safety valve provisions, and thereby avoided a mandatory minimum sentence.
Trespassing charge dismissed.
The prosecution dismissed the charge based upon a conclusion that it could not meet the burden of proof beyond a reasonable doubt. Immediately upon being retained, we interviewed witnesses and established an alibi defense. Affidavits were prepared and presented to the prosecution. We advised our client against taking a plea offer. After our rejection of the offer and request for a jury trial, the case was dismissed.
Federal drug case results in sentence of probation.
Although our client was caught up in a federal gang related drug conspiracy prosecution, we were able to establish her diminished role in the offense and lack of a significant criminal history. This advocacy avoided a mandatory minimum prison sentence. In addition, although the advisory sentencing guidelines called for incarceration, the Court agreed with our argument that probation was appropriate.
Evidence suppressed from interstate stop and drug seizure.
A state patrol trooper pulled over the semi truck that our client was operating. After evidentiary hearings to contest the stop were completed on our motion, the federal judge determined that the stop was unlawful and entered an order suppressing evidence at trial. The government dismissed the case rather than proceeding to trial without the suppressed evidence.
Successful objection to weight calculation in federal drug prosecution.
The United States Probation Office calculated the total weight involved in the conspiracy to be nearly 15 kilograms resulting in a base offense level 36. Upon our objection, the government was forced to prove the weight at an evidentiary hearing. After cross-examination was completed, the Court determined that the cooperating witnesses were less than credible and made a finding of 500 grams to 1.5 kilograms resulting in the much lower base offense level of 32. As a result, the client received a the lowest sentence allowed by law.
Probationary sentence in federal gun prosecution.

We argued that a near necessity defense mitigated our client's responsibility in a federal gun possession case. Although the advisory sentencing guidelines called for a prison sentence, our written and oral arguments were successful in persuading the judge to order probation rather than incarceration.
Sexual assault charges dismissed.
Our client was accused of a sexual assault. By immediately beginning our investigation into the circumstances of the allegations and the background of the accuser, we were able to show the weaknesses of the case. Ultimately, the state dismissed the charges without the necessity of proceeding to trial.
Federal motion to suppress motion sustained.
In a felon in possession of a firearm prosecution, we filed a motion to suppress evidence alleging violations or our client's Fourth and Fifth Amendment rights. After evidentiary hearings, the United States District Court sustained the motion finding that law enforcement officers had conducted illegal searches, interrogated our client without benefit of Miranda warnings, and obtained a search warrant in violation of the Franks obligation to provide truthful and complete information to the issuing magistrate.
Dismissal of unemployment insurance fraud case.
We were able to convince the state to dismiss a charge of unemployment fraud by showing that our client had attempted to notify the authorities of the overpayments. Once restitution was paid, the state agreed to dismiss the case.
Successful defense of domestic violence prosecution.
Our client was charged with a first degree misdemeanor for a domestic violence assault after her stabbing of her spouse during an argument. We countered with a claim of self defense and prepared for trial. The state dismissed the case on the eve of trial in lieu of a no contest plea to disturbing the peace with a small fine.
Prison sentence avoided.
We negotiated a favorable plea bargain in a drug case. Our client was charged with intent to deliver a large amount of marijuana and faced up to twenty years in prison. By aggressively defending the case, a plea to a misdemeanor with probation was agreed upon despite the client's prior criminal record. As a result, our client was able to continue to work and to provide for his daughter.
DUI case treated as a first offense.
We were able to avoid felony filing status in a DUI case by arguing that prior convictions could not be used to enhance the case on the basis of a test refusal. The state was forced to proceed with a misdemeanor charge.
Client released from Nebraska State Penitentiary.
Our client was mistakenly released from prison and rearrested fourteen months later on a warrant. We took the case over from previous attorneys, dismissing actions which we felt would not be successful, and filed a habeas corpus action in the District Court of Douglas County, Nebraska. After an evidentiary hearing, the Court ruled that our client's rights were violated and that he was entitled to a continuous sentence. As such, the time during which he was released counted against his sentence and his sentenced was thus satisfied. Upon the client's release from prison, the attorney general appealed the case. After the Nebraska Supreme Court remanded the case to the district court for further proceedings, our client won again resulting in his continued freedom and a substantial award of attorneys' fees. The writ of habeas corpus was affirmed on appeal.
Evidence ruled inadmissible in a federal case.
Our client had been stopped by a law enforcement officer after which the client's vehicle was searched and he was interrogated. We were successful in having the evidence suppressed given the officer's failure to give Miranda warnings prior to the establishment of a custodial relationship. Furthermore, additional statements were also ruled inadmissible when we made the argument that the Miranda warnings were ineffectual since the client had already been interrogated. The Court found that the client's Miranda rights were originally violated and the later post-Miranda statements were tainted as a result. The Court found that the government did not sustain its burden of showing that the client's waiver of Miranda rights was done voluntarily, knowingly and intelligently.
Downward departure granted in two separate federal cases.
Our firm successfully obtained downward departures from the federal sentencing guidelines in two separate cases on the basis of arguments related to aberrant conduct, family circumstances, and a variety of other factors. While the sentencing guidelines are now advisory after the United States Supreme Court's ruling in United States v. Booker, a 2005 decision, the guidelines have been ruled to be presumptively reasonable by the Eighth Circuit Court of Appeals. As a result, most district court judges are following the guidelines in pronouncing sentences. However, in these cases, we were successful in persuading the Court to depart from the guidelines and impose a lesser sentence.
Charges dismissed in juvenile prosecution.
Our client, a juvenile, was charged with sexual abuse of a minor child based on statements made upon questioning by a police officer after a report was made by the child's mother. We aggressively defended the case as a result of our investigation and the circumstances surrounding the allegations. A motion in limine was filed on behalf of the client to avoid the admission of hearsay evidence in violation of his constitutional rights. In response and on the eve of trial, the state dismissed the charges.
Criminal charges dismissed in civil dispute.
Our client was charged with criminal mischief concerning his after hours entry upon the business premises of a boat repair shop to retrieve his boat. We argued that there was a civil, not criminal, dispute between the parties with regard to the repair bill and that the case should be dismissed. The state dismissed the case in advance of the scheduled trial.
Child reunited with mother after successful appeal.
Our firm successfully reunified a child with his mother. The child had been placed in protective custody after being abused by his father. We motioned to intervene in the juvenile proceedings as the mother and father were separated. After the court denied the motion, we filed an appeal which led to the reversal of the court's decision and the child being returned to his mother.
Two felony convictions vacated.
We were successful in vacating two felony convictions for our client after a referral from an immigration attorney. Because of the convictions, the client was in danger of being deported. Upon investigation, we were able to discern that the court had failed to follow state law with regard to the advisement of potential immigrations consequences of a conviction. After the filing of motions and supporting briefs, and an evidentiary hearing, the court granted the motions and the convictions were vacated.
An order setting aside and vacating a conviction obtained.
We successfully obtained an order setting aside and vacating a client's assault conviction based upon the argument that he is unlikely to commit future crimes, has done well since sentencing, and other relevant factors. The order was necessary to assist the client with his professional licenses. This case adds to a long list of successes for the firm in removing criminal convictions on behalf of clients.
School expulsion reversed and criminal charges declined.
Our juvenile client was expelled from high school and arrested on felony drug charges. After investigation and research, we prepared for the evidentiary expulsion hearing which resulted in the return of our client to school. Also, the state declined to file the criminal charges.
Federal judgment vacated and remanded.
We successfully prosecuted an appeal to the Eighth Circuit Court of Appeals. The district court had ruled that our client was subject to a sentencing guideline enhancement and as a result was also ineligible for safety valve relief. Upon appeal, it was determined that sufficient findings were not made to justify the rulings. As a result, the judgment was vacated and the case remanded for resentencing.
State felony charges dismissed.
In a prosecution for abuse of a vulnerable adult, the state dismissed its case after we presented witnesses and evidence to vindicate our client against the allegations that she abused her mother by failing to make payments to a nursing home. The charges were found to be unsubstantiated and our client avoided the need to proceed to trial.
Felony DUI charge reduced to misdemeanor offense.
We hired an expert to attack the state's burden to show proximate cause with regard to a prosecution for driving under the influence causing serious bodily injury, a felony offense. After obtaining a favorable opinion, the state amended the charge to a misdemeanor. The client was placed on probation and avoided both a felony conviction and a prison sentence.
Second offense aggravated driving under the influence charge reduced to a non-aggravated first offense.
We filed several discovery motions concerning the state's breath test evidence, and as a result the state was willing to dismiss several charges and reduce an aggravated second offense DUI to a non-aggravated first offense. This allowed our client to receive a probationary sentence without the imposition of any jail time.
Felony driving under the influence charge reduced to a first offense.
Our client was charged with a felony driving under the influence offense because the state alleged that he had several previous DUI convictions in another state. We refused to give in to the state's assertions with regard to the prior offenses. As the state was unable to sufficiently provide evidence of such convictions, the felony case was dismissed in lieu of a first offense prosecution. This result avoided the possibility of a felony sentence and a lengthy prison term.
Felony assault charge reduced to a misdemeanor.
Our client was charged with assaulting a police officer, a felony under state law carrying the possibility of a lengthy prison term. In handling the case, we were able to convince the prosecutor to reduce the charge to a misdemeanor under the circumstances. As a result, our client avoided a felony conviction and a prison sentence, was sentenced at the time of his plea, and escaped from the necessity of a probationary term given our argument that it was unlikely that he would commit further offenses and because he resided in another state.
DUI reduced to careless driving.

Domestic violence case dismissed at close of preliminary hearing.
In proceeding with the hearing, we were able to cross-examine the arresting officer, exposing inconsistencies in the statements provided to the police. At the close of the state's case, our motion for directed verdict was granted and the case was dismissed by the Court.
Complete win for client in drunk driving prosecution.