Criminal Defense Attorney in Cass County, ND and Clay County, MN

 

 
 

 
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.
Our legal team is experienced and knowledgeable in a number of areas of criminal law, including:
 
  • Traffic Law
  • DUI / DWI
 
  • Theft and Burglary
  • Violent Crimes
 
  • And More
 
Kirschner Law Office is completely committed to our clients' best interests, and we will never stop fighting for you. We are North Dakota's Premier Defense Lawyer—we can make the law work for you.
 
 
 

Juvenile Court Cases

Criminal law can be especially tricky and emotional as pertains to juveniles. When a minor is charged with a crime, they will usually be tried in juvenile court, using a separate set of rules and procedures from adult criminal court. Kirschner Law Office is very well-versed and experienced in juvenile court cases in North Dakota and Minnesota, and we are prepared to work through the unique situations and systems that pertain to charges against a minor.
A case that is mishandled in juvenile court can have detrimental consequences on a person for the rest of their life. That's why you need an attorney who will vigorously fight for the rights of the accused and make sure the defendant and his or her family is treated respectfully and fairly.
 
 
 
Criminal Defense - Juvenile in Fargo, ND
 

Some of Our Past Cases

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 whose 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
State v. Client 3
State v. Client 4
State v. Client 5
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.