Attorney Martha Ellen Albertson's Legal Cases

Criminal defense

State of Minnesota v. My Client - Felony - 2nd Degree Assault (Assault with a Deadly Weapon)

Jan 01, 2011

OUTCOME: Dismissal of 2nd degree assault. Client pled guilty to a misdemeanor assault and was released from jail that same day. Another case against client was dismissed. Client will not face deportation, as a result of these charges.

My client was charged with 2nd degree assault. If convicted of this charge, he faced a presumptive commitment to prison of 21 months. The mandatory minimum the judge would be required to impose was a ... year and a day in prison. My client also would have been deported from the country. I worked hard to prepare this case for trial. The prosecutor was unwilling to negotiate on this charge. I worked with an investigator and a nurse to show that the complaining witness was lying. The complaining witness stated he was terribly injured as a result of my client assaulting him. The night, after the alleged assault, however, the complaining witness got into a fight. I also found evidence that the complaining witness rode a bike while drinking a beer shortly after the assault. The nurse and I reviewed the medical records. After this review, we determined that we had a very strong argument that the injuries complaining witness claimed he had as a result of the assault, were likely from a motor vehicle accident and drug use.

Criminal defense

State v. My Client - Two counts of gross misdemeanor operating a gambling business

N/A

OUTCOME: Dismissal of all charges

My client was charged with two counts of running an illegal gambling business. I represented my client in a contested hearing claiming that the State of Minnesota lacked probable cause to prosecute my ... client for gambling. The court agreed and the case was dismissed.

Criminal defense

In re Juvenile - Juvenile delinquency charge of disorderly conduct

N/A

OUTCOME: Not guilty on sole charge.

Client was charged with disorderly conduct. I represented client at an adjudicatory hearing. We claimed self-defense. The court found client acted in self-defense. Client was acquitted at this hear ... ing.

Domestic violence

Petitioner (My Client) v. Respondent - Order for protection hearing

N/A

OUTCOME: The order for protection my client sought was granted

I represented my client in a fiercely contested order for protection hearing. My client was seeking an order for protection for herself and her children. Each side had several witnesses. The opposin ... g attorney and I had several legal arguments and objections. My client and I prevailed and the order for protection was granted,

Appeals

Appellant v. Respondent (My Client) - Appeal to Minnesota Court of Appeals from order for protection hearing

N/A

OUTCOME: The Minnesota Court of Appeals agreed with me and affirmed the order for protection

Respondent and his attorney appealed the court's decision to grant the order for protection that my client had sought for herself and her children. We won the contested hearing at the trial court leve ... l. I defended the granting of the order at the Minnesota Court of Appeals through a brief and oral argument. The Court of Appeals agreed with me and the order we obtained at the trial court level was affirmed.

Criminal defense

State v. My Client - Multiple felonies and lesser charges in four separate forgery cases

N/A

OUTCOME: Client was allowed to remain out of prison. Defense motion for sentencing departure granted.

Client was charged with mutiple different felony cases and most cases had multiple charges. One case involved possession of drugs. The others involved forgery/theft charges. The prosecutor dismissed ... the drug charge but was insisting on guilty pleas and a prison sentence on the other charges. The Minnesota Sentencing Guidelines called for presumptive prison sentences on the felonies because of my client's criminal record. After a contested sentencing hearing, the judge agreed with me that a prison sentence was not the appropriate outcome. My client had completed treatment and was now living in sober housing. My client was allowed to remain out of prison.

Criminal defense

State v. My Client - Three felony charges of harassment and violation of harassment restraining order

N/A

OUTCOME: Dismissal of all charges

My client was charged with three felonies, including two counts of felony harassment and one count of felony violation of a harassment restraining order. These charges were felonies because client had ... two prior convictions that enhanced the current charges to the felony level. The jury was selected. Both the prosecutor and I made our opening statements, and the prosecutor called the State's witnesses. I cross-examined most of the State's witnesses. The State dismissed the charges in the middle of the trial.

Criminal defense

State v. My Client - Felony theft of a motor vehicle

N/A

OUTCOME: Not guilty of the felony motor vehicle theft. Client admitted to driving without a license and was found guilty of that misdemeanor offense.

Client charged with felony motor vehicle theft and driving without a valid license. I represented client at a jury trial trial. My client claimed he had permission from the owner to use the car. ... He admitted to driving without a license. Unfortunately, my client got into an accident. The owner claimed he had NEVER let my client use his car. I put defense witnesses on the stand to show that the owner had let my client use the car on multiple occasions. I also argued that the owner reported the car stolen only because he allowed my client to use the car knowing it was not insured.

Criminal defense

State v. My Client - Felony 2nd degree assault (assault with a deadly weapon), fleeing police, etc.

N/A

OUTCOME: Not guilty of 2nd degree assault. My client was found guilty of the charges he admitted commiting.

I represented my client at a jury trial. Client was charged with second-degree assault of a police officer, fleeing in a motor vehicle, driving after cancellation, D.W. I. and open bottle. The se ... cond degree assault charge was the only one that would result in a commitment to prison. The second degree assault was based on the police officer’s statement that my client drove at a high-rate of speed toward the car that officer was sitting in. According to the officer, my client narrowly missed hitting his squad car. My client denied that he was trying to hurt or frighten the officer. He admitted to the jury, however, that he was guilty of all of the other charges. Another police officer saw my client’s brake lights as my client’s car was right in front of the squad car. When the police officer testified, he did not remember this fact. I was able, however, to get the officer to admit that he had written about the brake lights in his report. I also was able to get the officer to admit that his report, written shortly after the chase, was more accurate than his memory of the event several months later. Then I argued that the brake lights showed that my client slowed down as he approached the squad car. I also contended that my client’s actions were consistent with someone wanting to get away from the police and inconsistent with someone who would attempt to drive into a squad car. I stated that my client was so desperate to get away from the police, that he would not have done anything that would slow him down, including driving towards a squad car in an attempt to scare or harm a police officer.

Criminal defense

State v. My Client - Felony 1st degree burglary, misdemeanor DUI, etc

N/A

OUTCOME: Not guilty on all felony charges. Client was only found guilty of misdemeanor DUI, which he admitted.

I represented client at a court trial. Client was charged with six counts: two felonies, a gross misdemeanor and three misdemeanors. One of the felonies charged was a first degree burglary which ... was a presumptive prison sentence if client was convicted. Before trial, the prosecutor dismissed three misdemeanor charges and amended the gross misdemeanor DUI to a misdemeanor DUI. We went to trial on a first degree burglary charge, a felony damage to property charge and a misdemeanor DUI. We claimed, among other things, an intoxication defense. The judge acquitted my client of the two felonies based on my client's intoxication and head injury. The judge convicted my client of the misdemeanor DUI, which my client admitted. The other three charges had already been dismissed.

Martha Ellen Albertson's Legal Cases (14)

State of Minnesota v. My Client - Felony - 2nd Degree Assault (Assault with a Deadly Weapon)

State v. My Client - Two counts of gross misdemeanor operating a gambling business

In re Juvenile - Juvenile delinquency charge of disorderly conduct

Petitioner (My Client) v. Respondent - Order for protection hearing

Appellant v. Respondent (My Client) - Appeal to Minnesota Court of Appeals from order for protection hearing

State v. My Client - Multiple felonies and lesser charges in four separate forgery cases

State v. My Client - Three felony charges of harassment and violation of harassment restraining order

State v. My Client - Felony theft of a motor vehicle

State v. My Client - Felony 2nd degree assault (assault with a deadly weapon), fleeing police, etc.

State v. My Client - Felony 1st degree burglary, misdemeanor DUI, etc