Real Case Results

2017 So Far: Recent Wins in Criminal Cases

Posted on in Attorney Saperstein - Real Case Results, Criminal Defense, Current Publications, David Saperstein, Jonas Bednarek, Newsroom, Real Case Results

Attorney Jonas Bednarek and Attorney David Saperstein have both achieved great results for their respective clients. Take a look below for some of their most recent highlights.

Dane County – Disorderly Conduct Dismissed

Attorney Bednarek’s client was charged with Disorderly Conduct with modifiers for domestic abuse and use of a dangerous weapon. The charge was dismissed on a motion by the prosecutor.

Columbia County – Stalking, Intimidation, Aggravated Battery, Strangulation and Suffocation, and Disorderly Conduct Charges Dismissed

Attorney Bednarek’s client was charged with Stalking, Intimidation, Aggravated Battery, Strangulation and Suffocation, and Disorderly Conduct with domestic abuse modifiers for each. After filing a motion to make more definite and certain, Attorney Bednarek was able to get the intimidation charge dismissed. Attorney Bednarek then filed several motions in limine leading up to trial and the prosecutor ultimately decided to dismiss all charges in the case.

Municipal – Operating While Intoxicated Causing Injury, Operating with PAC (1st) Causing Injury Charges Reduced to Reckless

Attorney Saperstein’s client was charged with Operating While Intoxicated Causing Injury and Operating with a Prohibited Alcohol Concentration (1st) Causing Injury. Attorney Saperstein was able to get the charges reduced to a Reckless Driving charge.

Municipal – Operating While Intoxicated and Operating with PAC (1st) Charges Reduced to Reckless

Attorney Saperstein’s client was charged with Operating While Intoxicated and Operating with a Prohibited Alcohol Concentration (1st). Attorney Saperstein filed a motion challenging the stop and was ultimately able to get the charges reduced to a Reckless Driving charge.

Rock County – Possession of THC (2nd Offense) and Possession of Drug Paraphernalia

Attorney Saperstein’s client was charged with Possession of THC (2nd Offense), a Class I felony, and Possession of Drug Paraphernalia, a misdemeanor. The client had been pulled over for having two tailpipes on his car and officers found a small amount of marijuana in the car. Attorney Saperstein filed a motion challenging the stop. The prosecutor decided to reduce the charges to a non-criminal county ordinance citation.

 

Disclaimer: “These case samples are meant only to provide information to the public about the activities and experience of our lawyers and are not intended as a guarantee that same or similar results can be obtained in every matter. The outcome of a particular legal matter depends on a variety of factors including the specific factual and legal circumstances and, often, unexpected developments beyond the control of any client or lawyer.”

Dane County Municipality – OWI/DUI Reduced to Reckless Driving

Posted on in Criminal Defense, Real Case Results

Jonas’ client was cited for OWI after being involved in a car accident (while driving on a probationary license). The client was also cited for possession of THC from the same incident. Jonas successfully negotiated the OWI down to a reckless driving ticket, and the THC ticket was held open for a period of good behavior — with dismissal at the end of that time period.

Walworth County – 135 Days of “House Arrest” for 5th OWI

Posted on in Criminal Defense, Real Case Results

Saperstein’s client was convicted of his 5th offense OWI/DUI, a felony with a maximum prison sentence of 6 years. Saperstein filed a sentencing memorandum which described in detail the client’s extensive treatment, his advancement at work, his recent marriage and other positive factors for the court to consider. Saperstein also gathered over a dozen character letters and had some of the character references testify at the sentencing hearing. This attention to detail paid off big time for the client. The DA argued for prison, but the client ended up with a 4 1/2 month jail sentence that he was able to serve on electronic monitoring (“house arrest”).

Rock County – 3rd Offense OWI Dismissed

Posted on in Criminal Defense, Real Case Results

Saperstein’s client was charged with 3rd offense OWI/DUI after an anonymous caller reported to police that the client’s truck was weaving out of its lane. A State Trooper located the truck and personally observed it weaving within its own lane and driving on the solid fog line. After following the truck for approximately a mile the trooper pulled the client over. Attorney Saperstein filed a motion challenging the stop on constitutional grounds. Saperstein argued that the weaving that the trooper observed was of too short a duration and was within the lane of travel, and was therefore not enough to provide the “reasonable suspicion” necessary for a stop. The Court agreed. All evidence seized after the stop was suppressed, and the case was dismissed.

Green County – Criminal OWI, PAC, Operating after Revocation and IID Charges Dismissed

Posted on in Criminal Defense, Real Case Results

Jonas’ client was charged with criminal Operating a Motor Vehicle While Intoxicated (OWI), Operating with a Prohibited Alcohol Concentration (PAC), Operating after Revocation (OAR) and Failure to Install an IID. Client was stopped by police while driving on a gravel road in a private campground. Each of the charges against the client required the State to allege (and prove) that the client had driven on a public road. Attorney Bednarek filed a motion to dismiss the complaint in its entirety, arguing that the gravel road in the campground was a private, not public road. The Court ultimately agreed. All charges against Jonas’ client were dismissed.

Dane County – Reduced Jail Sentence, Served on Electronic Monitoring, for Felony OWI with Injuries

Posted on in Criminal Defense, Real Case Results

Jonas Bednarek’s client was charged with felony Operating While Intoxicated (OWI) 3rd offense, after being involved in an accident that resulted in serious injury to passengers in the other vehicle as well as to the client. Jonas filed motions to exclude evidence, including the blood test, arguing that the client did not consent voluntarily to blood draw, which was done while she was heavily sedated. The resulting settlement reduced the jail time from a possible prison sentence to 60 days on electronic monitoring.