Business Law Civil Rights Attorney Fargo North Dakota Criminal Defense Family Law Lawyer

Kirschner Law Office provides service for clients in the North Dakota and Minnesota communities of Fargo, Grand Forks, Moorhead, Crookston, Dilworth, Glyndon, Bemidji, Detroit Lakes, Griggs County, Steele County, Cass County, Becker County, Wilkin County, and Norman County. We concentrate on the following cases.

CRIMINAL DEFENSE WORK

If you are charged with a crime, you are in serious trouble. You can be sent to jail, forced to pay substantial fines, and costs, and can be found civilly liable for the same conduct and be required to pay damages to the alleged victim. It is very important that you obtain experienced, knowledgeable and aggressive representation to handle your case. The Kirschner Law Office team fits the bill.

If you want to learn more about the experience of the Kirschner Team over the last 20 years, you can review some of the cases the firm has handled on appeal by checking out the sites below.

State v. Hersh, where Kirschner obtained the reversal of several counts filed against a Defendant who had been convicted while represented by other counsel.

State v. Saul, 1989, the North Dakota Supreme Court recognized that Kirschner’s client had not received a fair trial and reversed his conviction.

State v. Vogel, 1991, where the North Dakota Supreme Court reversed Kirschner’s client’s conviction for DWI because the Court improperly shifted the burden of proof onto the defendant.

State v. Schmitt, 2001, Kirschner was able to convince the Supreme Court and the District Court that a search warrant issued upon the affidavit of a police officer was made in reckless disregard for the truth, and the case was dismissed after remand to the District Court.

The attorney you have on a case can make a real difference , and did in this case, where the co-defendant to Kirschner’s client served time in prison, while Kirschner’s client’s case was dismissed . In State v. Cummings, 1986, Kirschner’s client was able to enjoy the benefit of a lesser sentence when Kirschner delayed his client’s plea to a charge where the minimum mandatory sentence had been reduced by the Legislature. This reduction went into effect after the client had committed the offense, but prior to his sentencing, and as the result of Kirschner’s efforts he served the lesser rather than the greater sentence. These cases are just a sample of the cases which this office has handled at the appellate level, and achieved success.

Since trial court level cases are much more common and not reported on the Internet or elsewhere, we will try to provide you some information about several of the cases where the office has achieved successful outcomes for clients in difficult situations. In order to maintain client confidentiality names are not included:

State v. Client 1- 2nd Degree Murder- In this case the client was accused of having intentionally killed a 9 month old child who’s death was the result of a traumatic head injury. The client was the only person with the child for many hours, and had no explanation for the child’s condition when the ambulance was called. In this situation the forensic evidence was overwhelming, and the client, despite significant efforts by the defense team, was unable to recall anything that would help explain the injuries. Despite that, the Defense team was able to do two critical things which shaped the trial. Firstly, it was able to convince the Judge to allow individual voir dire or jury selection. That means that all perspective jurors were questioned out of the hearing of the other prospective jurors. The Defense also offered, and the Court used a substantial questionnaire to help learn about each of the prospective jurors. As a result of these efforts, as well as the substantial skills of Attorney Kirschner and Jury Consultant Miller Kirschner, the Defense was able to assure that the defendant received a fair trial, and so that potential jurors with their own young children did not sit on this case. The second significant action taken by the Defense was to call numerous character witnesses to testify to the Defendant’s history as a wonderful babysitter whom no one believed could do anything to harm a child in her care. At the conclusion of this two week trial, the jurors brought back a verdict of guilty to Negligent Homicide, a significantly lesser charge, which was particularly significant because the client had no alternative explanation of the cause of this child’s death.

State v. Client 2- Terrorizing for Threats made against two Police Officers. In this case, the client had been present at a local bar when the police were called to investigate a report of an assault at the bar. The client was outside the bar when he was confronted by the police and assaulted by them, when he refused to tell them his name. At the trial on this case, the Defense was able to get the Court to instruct the jury that the arrest of the Defendant was illegal, and was able to show, through the use of photographs taken of the Defendant after he was taken to the hospital after being assaulted by the police, that the client was merely responding to being beaten by the police and didn’t intend to threaten anyone. The jury found the client not guilty, even though he didn’t take the witness stand. Again, it was hard work and comprehensive preparation and as well as aggressive representation that worked to get the client a successful result.

State v. Client 3- Negligent Homicide in the death of a passenger traveling with the firm’s client in his car. This case involved a tragic situation where the client was accused of driving at a high rate of speed, while intoxicated and causing the death of his passenger, a long-time friend of the clients. The client had been badly burned in the accident and had to be rushed out of state for medical treatment. A blood test was taken at the hospital where he was treated.

Through a thorough investigation of the underlying facts and consultation with forensic scientists and accident reconstruction experts, the Defense team was able to show that the speed calculations, and blood alcohol estimates were in error. Because of this work, the team was able to persuade the prosecution to go forward with a reduced charge.

At the sentencing, the team was able to have the victim’s mother testify on behalf of the client, and had prepared the client, a shy young man, to make a statement on his own behalf. Despite the prosecution request for a lengthy jail term, the client was placed on probation and had to serve only one day in jail.

State v. Client 4- Manufacturing a Controlled Substance- In this case the client was charged with Manufacturing a Controlled Substance, Marijuana, when the police found several marijuana plants in a home that client was sharing with another person. The police searched the house under authority of a search warrant which had been obtained based upon “allegations” of several “confidential” sources.

In this case, the team obtained the names of the sources, interviewed the sources and proved to the District Court Judge, that the allegations contained in the search warrant affidavit were false and were made in “reckless disregard for the truth.”

As the result of this motion all the evidence that the State wanted to use to prosecute this client was ordered suppressed and the case was dismissed.

State v. Client 5 -Possession/Fraudulently obtaining a Controlled Substance-In this case the firm’s client was a prominent individual in the local community who was approached late on a Friday afternoon by police officers who threatened to arrest him on Felony Drug charges, which would have embarrassed him and resulted in his incarceration for at least that weekend. On the advice of a former firm client, this client called the Kirschner Law Office and a team member met with him and the police, and arranged that the client would remain free.

Additionally, the team immediately contacted the relevant prosecutor, with whom it had an established relationship, and worked out a plea agreement. Under the terms of the agreement, the Client received a deferred imposition of sentence. A deferred imposition of sentence means that the Client was placed upon probation for a period of time, and upon successful completion of probation, the case against him was dismissed.

Additionally, the team was able to work with the prosecution and the Court to handle the Client’s court appearances in a single appearance, which was not publicized, and which was done without the appearance of any TV cameras. Once again, obtaining the services of the Kirschner Law Office team including an experienced, established and aggressive attorney made a big difference in the outcome for this client.

In addition to those cases, there are many more successful cases which have been prepared and either negotiated or tried by the Kirschner Defense Team.

A good example of the creative thinking that the team employs are a series of cases, in which Kirschner was able to get the North Dakota Supreme Court to find unconstitutional the North Dakota “Bad” Check statute and the methods used to enforce the statute, including State v. Fischer, 1984, State v. Ohnstad, 1986, including a case in which they appeared as “amicus curiae” for a pro se defendant in State v. Clark, 1985. Included in these cases was the first successful use in North Dakota of the “selective prosecution” defense. During the time this office was fighting these cases, and for years before that, hundreds/thousands (?) of defendants who could have successfully fought these charges pled guilty, paid fines, and some went to jail, when they wouldn’t have had to. While there is no guarantee that your case will result in the success enjoyed by others, every effort will be made by the Office to have your case resolved as successfully as possible.

If you are charged with a crime, it is important that you not discuss this matter with the police or anyone else. It is most important that you get an experienced attorney to represent you and that you not say or do anything until you have spoken to your attorney. DO NOT HELP THE GOVERNMENT CONVICT YOU BY TRYING TO REPRESENT YOURSELF. YOU NEED EXPERIENCED, AGGRESSIVE, SMART REPRESENTATION. CALL THE KIRSCHNER LAW OFFICE NOW.

FAMILY LAW WORK

With over 20 years experience handling divorce, custody, and other family law cases, the Kirschner Law Office Team has the experience and sensitivity to assist both men and women who are seeking divorces or adjustment of the terms of a previously issued divorce. In addition, the team has handled paternity and custody/visitation cases in several states, and is familiar with the law in this area and the evidence required to successfully fight such a case. The Kirschner Law Office Team includes a custody investigator, and works together with psychologists, forensic accountants, and other experts to insure that the best interests of your children and yourself are represented in your case.

An representative sample of the Family Law appellate work that the office has done includes McKenzie v. Jahnke, 1988, where the Kirschner Law Office was able to get the North Dakota Supreme Court to recognize that the Federal tax deduction constituted an element of child support that could be modified by the District Court to benefit the party paying the support. In Wetch v. Wetch, 1995, the Kirschner Law Office won a reversal of a custody determination because of the trial court’s failure to consider evidence that had been offered by the Office’s client on that issue. In Benson v. Benson, 1993, Kirschner obtained a reversal of a lower Court decision overturning the decision of the Referee allowing Kirschner’s client to move to Minnesota with her son, whom she had custody of. The Kirschner Law Office has successfully represented father’s seeking and keeping custody of their children. State ex rel. D.D. v. G.K., 2000.

Most divorce cases and post-divorce modifications are settled before trial, or are resolved at the District Court level. You want an attorney who is experienced at negotiating, and who has experience at trial, if such is necessary. The Kirschner Law Office Team can provide that for you.

COLLECTION AND BANKRUPTCY REPRESENTATION

Since its inception, the Kirschner Law Office has maintained an active practice collecting bills for clients. Whenever legal action is needed to get that debt collected, the Law Office Team will be glad to assist you. With their no-nonsense, hard nosed approach to collections, they obtain the payment of your bills to the full extent of the law. Additionally, the Office can represent creditors in the Bankruptcy Court, if your debtor seeks such relief.

In addition, the Kirschner Law Office is equipped to handle Chapter 7 and Chapter 13 bankruptcies on behalf of debtors who need relief. The provisions of the Bankruptcy Code are there to provide relief to people who are unable to pay their bills, and a consultation with regard to whether bankruptcy is the answer in your case is available with the Kirschner Law Office.

BUSINESS ORGANIZATION AND PROCEDURE

If you are a business person who is thinking about incorporating your business or becoming a limited liability company or partnership, the Kirschner Law Office can help you. If you are thinking about doing business in the states of North Dakota or Minnesota, the office team can help you get registered so that you can do that business. If you have contracts to review, employment agreements, leases or other documents that you want reviewed, you can get those reviewed for you in a timely manner, and you can get the office’s assistance in negotiating contracts. If you want to set up a not for profit corporation and obtain 501(c)(3) status from the Internal Revenue Service, the team can help with that. If you want to contest the property tax assessment that you have received, the team can help with that. Our office believes that service to the business community is a necessity and we stand ready to provide the necessary services you need.

IMMIGRATION LAW

Recently, the firm has begun to work in the area of immigration law. Obtaining permanent resident status and arranging to bring family members to the United States has become more difficult, especially with the heightened security caused by the 9/11 attacks. The Kirschner Law Office, in association with experienced immigration attorneys in the Twin Cities is working to assist clients who need help in this area. They will bring the same intelligence, and energy to helping these clients with their immigration related concerns, especially where the areas of immigration law and the criminal law intersect. If you are a Non-citizen and have been accused of a crime, conviction can have serious consequences for your right to stay in this country. You need the assistance of experts who can work in both areas and try and insure that your problems are resolved, rather than exacerbated.

CIVIL RIGHTS WORK

The firm takes civil rights matters very seriously and has counseled clients who have been discriminated against unjustly and have zealously advocated on their behalf.

The office represented 11 citizens of Towner County who were charged with threatening two Judges. The defense team obtained the dismissal of the charges against several defendants pre-trial, dismissal against several others during the trial, and ultimately acquittal of the remaining defendants by the Jury in Devils Lake. Thereafter, KLO, in association with other counsel, brought a civil rights action on behalf of the defendants against the attorneys and banks who instituted the criminal cases. When that action was dismissed by the District Court, Kirschner obtained a reversal of part of that case so it could proceed to trial. Larson v. Baer, 1988.

The Kirschner Law Office has been active in representing citizens who believe that the government was misusing its power. The office represented several young men who wanted to start a non-alcoholic dance club in Fargo, and was successful in negotiating an agreement with the City on the hours of opening. The office was active in representing the taxpayers who fought to halt the construction of the Fargodome in 1990 when the City refused to allow a second vote on the proposal. Pelkey v. City of Fargo, 1990.

LITIGATION AND APPEALS

As you can see, the Kirschner Law Office has extensive litigation experience in both criminal and civil matter. The office has been involved in numerous jury trials in State and Federal Court. It has handled many appeals cases in State and Federal Courts in Minnesota and North Dakota. The Office has handled the appeals of administrative matters as shown by the successfully representation of a client who was wrongfully denied unemployment benefits by the State. Olson v. Job Service North Dakota, 1985.

In preparing a client for trial, the office team thoroughly prepares each of client forthe rigors of the courtroom and vigilantly advocates on the clients behalf. In preparing a matter for appeal, the Office makes sure to scrutinize the record and prepare the necessary documentation to have your appeal heard.

Contact our office when you have a legal need and you will receive ethical, professional, and progressive representation.

Kirschner Law Office
1351 Page Drive
Suit 104
Fargo, North Dakota 58103
Phone: (701) 293-5297
Fax: (701) 293-6701
Email: kirschnerlaw@cableone.net

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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