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Recent Case Results

  • Client Convicted of Third Degree Assault Gets His Rights Back; Plans to Teach His Son to Hunt

    Charge(s): 

    Kelly’s client grew up hunting pheasant on family land with his father, an expert hunting guide. As a young man, he was convicted in Dakota County to Felony Third Degree Assault and subject to a lifetime ban on possessing firearms for pushing a drunk man who had hit on his girlfriend out of a hotel room, breaking the man’s arm in the process. Almost twenty years later, after marrying, having a child, and establishing a successful career as a car salesman, he approached Kelly, having decided it was time to find out whether he could hunt once again with his dad and teach his own young son firearm safety and how to hunt. Kelly convincingly argued on behalf of her client before the judge, who restored her client’s rights. He now plans to go out hunting with his elderly father as soon as the season starts and to pass along these family traditions once his son is old enough.  

    • Case Type: Gun Rights Restoration
    • County: Dakota
    • Outcome: Rights Restored
  • Kelly Saves Client Charged with Felony Threats of Violence from Deportation

    Charge(s): 

    Kelly’s client, a master wood floor restorer, attended a rally at the Minnesota State Capitol and was arrested and charged with Felony Threats of Violence by the Ramsey County Prosecutor after allegedly brandishing a firearm at counter protesters. Despite having lived in the United States for many years, Kelly’s client is in the country with a "green card" permanent residency, but is not a citizen. A conviction on that charge would have resulted in deportation back to his home country, separating him from his wife and children. It would have also taken away his ability to possess firearms for his lifetime. Following many court hearings and negotiations with the prosecutor, Kelly was able to negotiate a plea to misdemeanor charge involving an admission of engaging in a verbal argument that disturbed the peace with no prison or even jail time. This conviction statute does not affect her client’s immigration status, meaning he can stay in the U.S. with his loved ones, can maintain his right to possess firearms, and can continue his career as a floor restoration specialist.

    • Case Type: Felony Threats of Violence
    • County: Ramsey
    • Outcome: Misdemeanor Charge
  • Kelly Restores Gun Rights for Client Who Thought Expungement Would Restore His Rights

    Charge(s): 

    Kelly’s client was convicted in 1992 in Washington County for possession of a controlled substance. He dreamed of hunting once again and, in 2018, sought out a lawyer who advised him that an expungement would restore his rights. Upon learning that his lawyer was mistaken, he sought out Kelly, who successfully brought a firearm restoration proceeding to the court. Kelly’s client is overjoyed to have finally succeeded in his original goal and plans to resume hunting with his brother.

    • Case Type: Gun Rights Restoration
    • County: Washington
    • Outcome: Rights Restored
  • Client Charged with Five Felony Firearm Offenses Pleads Guilty to a Misdemeanor with No Jail Time

    Charge(s): 

    Kelly’s client retained her after being charged in Pine County with five serious felony counts, including Felony Second Degree Assault with a Dangerous Weapon (Firearm), Felony Possession of a Short-Barreled Shotgun, Felony Possession of a Firearm with a Serial Number Removed, Felony Terroristic Threats, and Felony Receiving Stolen Property. He was also charged with Gross Misdemeanor Obstruction of Legal Process for pointing a gun at the police, and  Misdemeanor Domestic Assault. Kelly was persistent in her approach to the case – she first challenged the state’s method for measuring the barrel of the shotgun involved, and challenged the state’s presumption a separate firearm was required to have a serial number. After a contested hearing where Kelly presented evidence, the state dismissed those two charges. She next challenged whether the state could prove her client knew or had reason to know a firearm he possessed was in fact stolen. Next, she attacked the credibility of the alleged victim in the case as to the assault and threats charges. After numerous court appearances and a two-year battle during the pandemic, her client pled guilty to Misdemeanor Obstruction of Legal Process Without Force for fighting with the cops, no jail time, and probation for one year. Her client had been facing three years in prison if convicted, and was relieved to finally put the ordeal behind him.  

    • Case Type: Five Felony Offenses: Felony 2nd Degree Assault with a Dangerous Weapon
    • County: Pine
    • Outcome: One Misdemeanor Obstruction Offense
  • Agreement to Suspend Prosecution for Client Charged with Theft

    Charge(s): 

    Kelly’s client was charged with Misdemeanor Theft for allegedly stealing merchandise from a Bath and Body Works in Maple Grove. Upon initial review, it appeared as if the prosecutor had an airtight case based on video surveillance and officer observations. Kelly dug deeper, however, and found out that her client was diagnosed with Covid the day after the incident, had a high fever causing delirium at the time, and had a gift certificate with her to pay for the items. After investigation and documenting her client’s medical condition, Kelly was eventually able to convince the prosecutor there was no intent to commit theft and negotiated a continuance for dismissal, which means her client admitted no wrongdoing and the charge will be dismissed in one year if she has no same or similar offenses in that time. Avoiding a plea or any admission of guilt was critical for the client who is a nurse and would be disqualified from having contact with patients by the Minnesota Department of Human Services if she were to admit to theft.

    • Case Type: Misdemeanor Theft
    • County: Hennepin
    • Outcome: Continued for Dismissal

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