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Violent Crimes

Client charged with Battery and Disorderly Conduct in a domestic setting – At jury trial, Attorney Moertel successfully showed the jury that the client did not intend to harm the alleged victim and that the alleged victim instigated the altercation. The jury found the client Not Guilty on both counts.

Client charged with Felony Child Abuse – At jury trial, Attorney Moertel was able to successfully demonstrate that the child’s injuries were caused by a legitimate accident and that the child had been influenced by the client’s significant other’s ex-wife. The jury found the client Not Guilty.

Client charged with substantial battery — At jury trial, attorney Krische successfully argued that the client had no intent to cause harm to the alleged victim during a bar fight. The jury found the client not guilty.

Client charged with strangulation — At jury trial, attorney Krische successfully showed the jury that the state had not met its burden of proving the crime beyond a reasonable doubt. The jury found the client not guilty.

Client charged with robbery as party to the crime — Attorney Krische successfully argued to the judge that the client took no part in the crime, but was merely present. As a result, the judge found there was no probable cause to proceed on the felony charge. The charge was dismissed.

Client charged with battery and disorderly conduct — Attorney Krische negotiated with the district attorney to dismiss the battery charge and amend the misdemeanor disorderly conduct to an ordinance violation.

Sex Offenses

Client charged with Sexual Assault of an Unconscious Person – At jury trial, Attorney Moertel successfully argued that the client did not have sexual contact with the alleged victim. The jury found the client Not Guilty.

Client charged with Sexual Assault of a Child aged 13 or over – At jury trial, Attorney Moertel successfully argued that the alleged victim was mistaken as to the client’s intentions. The jury found the client Not Guilty.

Client accused of Sexual Assault of his daughter – Attorney Moertel was able to successfully argue to the lead prosecutor that the client’s daughter was being influenced by his ex-wife. No formal charges were ever brought.

Client accused of Sexual Assault of a person who was too intoxicated to consent – Attorney Moertel was able to discuss the matter with the lead investigator prior to a formal charge. The investigator chose not to refer criminal charges.

Client accused of Child Enticement and Using a Computer to Facilitate a Sex Crime – Attorney Moertel filed a pre-trial motion to dismiss based upon the insufficiency of the Criminal Complaint. The Court found that the Criminal Complaint did not contain probable cause that the client intended to commit the offenses and dismissed the case.

Client charged with first- and second-degree sexual assault — At jury trial, attorney Krische proved to the jury that the complaining witness had consented to sexual intercourse and was conscious. The jury found the client not guilty on both counts.

Client charged with second-degree sexual assault — At jury trial, attorney Krische successfully showed the jury that the complaining witness had lied about being sexually assaulted and that the state’s witnesses were not credible. The jury found the client not guilty.

Client charged with fourth-degree sexual assault — Through investigation, attorney Krische successfully showed the district attorney that the complaining witness had lied to police about nonconsensual intercourse.

Drug Offenses

Client charged with Possession of Narcotics – Attorney Moertel successfully argued to the prosecutor that illegal substances were only found because the client had called paramedics while a friend was having a medical emergency, thus entitling the client to immunity from prosecution. The prosecutor agreed and dismissed the case.

Client charged with multiple counts of delivery of controlled substances — At jury trial, attorney Krische successfully attacked the credibility of the state’s witness, a confidential informant, by showing the jury that the witness had a motive to testify and could not remember specifics of the case. The client was found not guilty of delivery of methamphetamine.

Client charged with multiple counts of possession of THC with intent to deliver — At the motion hearing, attorney Krische successfully attacked the probable cause of a search warrant for the client’s home. As a result, the warrant was found to lack the required probable cause and all evidence was suppressed. The charges were dismissed.

Client charged with delivery of controlled substances — Attorney Krische successfully showed the district attorney that the confidential informant was not a credible witness and had a history of lying and selling drugs while working for police. As a result, the felony charges were reduced to misdemeanor offenses.

OWI Offenses

Client charged with first offense Operating While Intoxicated based upon prescribed medications – Attorney Moertel successfully argued to the jury that the client was not impaired by her prescribed medications. The jury found the client Not Guilty.

Client charged with third offense of Operating While Intoxicated – Attorney Moertel successfully argued to the Court that the police officers who arrested the client did not have a reasonable suspicion to have asked the client to perform the field sobriety tests. The Court suppressed all evidence obtained after the client exited the vehicle, and the case was dismissed.

Client charged with their first offense of Operating While Intoxicated – Attorney Moertel was able to successfully negotiate with the prosecutor to reach an amicable agreement which did not require the client to install an Ignition Interlock Device in their vehicle.

Client charged with third offense Operating While Intoxicated – Attorney Moertel brought a motion to exclude all evidence of intoxication based upon a lack of probable cause to arrest. The prosecutor agreed to lower the charges to a non-OWI offense that required no jail time.

Client charged with OWI second offense — At a motion hearing, attorney Krische successfully argued to the judge that the arresting officer did not have the required probable cause to have the client submit to a breath and blood test. The evidence relating to intoxication was suppressed.

Client charged with two separate OWI offenses — Attorney Krische successfully negotiated with the district attorney to completely dismiss one of the OWI offenses while lessening the penalties for the other offense.