Wednesday, October 9, 2013

September 18, 2013: OWI-6th Offense Conviction Thrown Out By the Court of Appeals

Perhaps no case epitomizes the relentless advocacy we provide for our clients more than this one. This case was already the subject of a post in our Real Results Tracker way back on March 1, 2012, when Dennis Melowski convinced a Washington County judge to sentence his OWI-6th client to county jail with work release instead of prison. This was a phenomenal result in Washington County, since 99% of people who have a 6th offense end up with a prison sentence there. In fact, this same Washington County judge had sentenced someone to prison just a few weeks before, and that was only a 5th offense. But after listening to Dennis' sentencing arguments (which the judge described as "so eloquent") he handed down a sentence to Dennis' client that most lawyers would have taken and run with. And while Dennis was pleased that the judge sided with his sentencing arguments, he also knew that the judge had made a mistake in denying a motion to dismiss Dennis had filed much earlier on in the case. Had the judge made the correct ruling on Dennis' motion, all of the charges against his client would have been thrown out and there would have been no sentence at all...lenient or not. That fact did not sit well with Dennis. He knew he would have a client sitting in jail who shouldn't be there. Instead of being content with a teriffic sentence, Dennis immediately commenced an appeal of the judge's erroneous ruling. After more than 18 months of fighting the case in the appeal system (including the filing of a motion to reconsider with the Court of Appeals itself), Dennis and his client finally obtained justice. On September 18, the Court of Appeals handed down its decision reversing the conviction and throwing out ALL charges against the client. It was a complete and total exoneration and the best possible outcome the client could have hoped for. When we say that we will leave no stone unturned in the relentless pursuit of our clients' goals, it isn't a sales pitch. It's our passion.* To read the Court of Appeals decision in this case click here:

*It should definitely be noted that the victory in this case was truly a team effort, as all of the attorneys in this firm (Melowski, Singh and Murray) worked very hard to achieve this exceptional result. Our team approach to such things is one of the great advantages our firm can offer to our clients.