Attorney Gary Eugene Oldenburger's Legal Cases

Drug Crime

State v Smoker

Apr 23, 2022

OUTCOME: Acquittal

My client lived in an apartment with one roommate, and had allowed a couple of other guys to stay with them temporarily. The neighbors called the cops after some of them had an argument in the apartme ... nt, and the police stopped my client and two others outside of the apartment building. My client admitted to the police that he had some weed in the apartment. The police went to the apartment and tried to get the fourth roommate out of the apartment but he did not come out right away. The police obtained a search warrant and found a small safe containing a large amount of marijuana on a shelf in the closet of my client's bedroom. They charged my client with possession with intent to distribute as a felony charge, with habitual offender enhancement. At trial, I was able to show the jury the poor quality of the police investigation and that the charge was based on the assumption that the weed belonged to my client just because it was found in his room. However, I was able to show the jury that based on the time the fourth roommate was still in the apartment, and the photographs of the apartment that showed it was more likely the weed was originally in the other room and had been moved to my client's room before the police entered the apartment. The jury found my client not guilty.

DUI and DWI

State v Football Fan

Apr 25, 2021

OUTCOME: Acquittal

Client was stopped in his driveway on a Sunday afternoon after watching football at a buddy's house. Client was charged with OWI, third offense as a felony. The State offered a plea of OWI second off ... ense with 30 days jail. My client did not believe he drank enough to be intoxicated. I advised my client that it was very unlikely that a jury would find him guilty. At trial I was able to demonstrate that the arresting officer lied about the traffic stop and conducted an improper investigation. I was able to show the jury that my client demonstrated no signs of intoxication throughout the entire encounter. The jury found my client not guilty.

Violent crime

State v Falsely Accused Robber

Feb 04, 2021

OUTCOME: Simple misdemeanor

My client had an ongoing dispute with a distant relative. My client ran into the relative in a liquor store and assaulted the relative. The beginning of the fight was caught on camera, but most of it ... was not. The relative claimed that while they were out of view of the camera, my client had stolen the necklace from his neck, the earrings from his ears, his iPhone, and his wallet with debit card. After just TWENTY MINUTES of investigation, the police arrested my client for Robbery in the First Degree, a Class B felony with a sentence of 25 years in prison with 17 years mandatory minimum. I was able to subpoena the alleged victim's phone records and bank records, which showed that he had lied about the robbery-- he still had the phone days after the incident, and still had the same debit card for weeks after. The State still would not admit that the "victim" lied or drop the charges. The State also failed to disclose two other interactions between the "victim" and the police on the day of the incident where the "victim" had given alternate versions of the events. At trial, I was able to show the jury that the video showed that the "victim" was still wearing the necklace and earrings after the fight, and that he still had the phone and debit card that he claimed were stolen. The "victim" had made up the whole robbery story as revenge over their prior dispute. The jury saw right through it and found my client guilty of simple assault, which is what he should have been charged with in the beginning. He was released from jail on time served the same day as the verdict.

Gary Eugene Oldenburger's Legal Cases (3)

State v Smoker

State v Football Fan

State v Falsely Accused Robber