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:
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.