Halberg Criminal Defense

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Extra Phones: Phone: (952) 224-4848
Categories: Attorneys, Accident & Property Damage Attorneys, Automobile Accident Attorneys, Bankruptcy Law Attorneys, Business Law Attorneys, Criminal Law Attorneys, DUI & DWI Attorneys, Domestic Violence Attorneys, Personal Injury Law Attorneys, Traffic Law Attorneys

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Phone: (612) 333-3673

Address: 3800 American Blvd W Ste 1500, Minneapolis, MN 55431

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Halberg Criminal Defense

Criminal Defense
HCD is Minnesota's Largest and Minnesota's Most Experienced criminal defense law firm. We have over 145 combined years of criminal law trial experience to create a powerhouse law firm that supports each attorney in the full defense of your case. Our practice is exclusively focused on criminal defense. Take the Office Tour
DUI/DWI
Eric is a frequent lecturer on various criminal topics including driving under the influence of a controlled substance and the manufacturing of methamphetamine. Eric routinely speaks throughout Minnesota and serves as a judge in moot court and mock trial competitions. Additionally, Eric has also been a contributing author to the Minnesota DWI Deskbook, the most comprehensive DWI sourcebook for attorneys in Minnesota. [email protected]
Traffic Violations
Examples are minor traffic offenses such as speeding, stop sign violations and parking tickets. You cannot go to jail for this type of offense.
Sex Crimes
Electronic solicitation of a minor to engage in sexual conduct and Electronic communication of sexually explicit materials to a child are different charges than possession of child pornography. Although all are felony level crimes in Minnesota, electronic solicitation and communication of sexually explicit materials involves a person, 18 years or older, using the internet to talk about sexual matters with the intent to arouse sexual desire of any person. Solicitation of a child to engage in sexual conduct and distributing materials related to sexual conduct are both criminalized under Minnesota law.The law governing these crimes is set forth in Minnesota Statute 609.352. The internet communications do not have to be with a child but rather the crime includes communications with someone believed to be a child. As such, law enforcement may be on the internet posing as a child to engage in chats and/or the exchange of photographs that involve sexual content in order to gather evidence of criminal activity.
Fraud
Robbery
Felony cases are your most serious offenses and include offenses such as murder, burglary, robbery, aggravated assault, four-time DWI offenders (within ten years), drug offenses and most sexual assault cases.
Burglary
OUTCOME: The District Court granted Ms. Zauhar’s motion to dismiss for lack of probable cause. This dismissal prevented Ms. Zauhar’s client from having to endure a lengthy jury trial where he would risk a felony conviction and related penalties if found guilty. As burglary is defined as a “crime of violence” under Minnesota law, a felony conviction also would have prevented him from possessing firearms for the remainder of his life.
White Collar Crimes
There has been a large increase in the prosecution of “white collar crimes” in the past ten years. Society, in general, and courts, specifically, have recognized the unfairness of prosecuting people for stealing money with a gun but ignoring people who steal money with a pen or computer. As such, many prosecution offices such as the Hennepin County Attorneys’ Office and the local federal U.S Attorneys Office now have attorneys who specialize in prosecuting white collar cases. Many times these prosecutors are assisted by agents with a background in accounting, taxes or computers.
Theft
Misdemeanors
In addition to this probable cause determination, a person must be charged by complaint and brought before a judge on felony and gross misdemeanor crimes within 36 hours of the day of the arrest. Unlike the "48 Hour Rule" mentioned above, these 36 hours do not count the day of the arrest, Sundays or legal holidays. When the person appears in front of the judge at this hearing the judge will usually set conditions of release and/or bail.
Embezzlement
Sometimes the illegal act may be as simple as mailing a letter or sending a single e-mail. Embezzlement cases and "ponzi-schemes" come under the category of "fraud."
Drug Crimes
Minnesota drug laws pertain to different types of drug crimes, beyond that of just the possession of illegal substances. Because of this, the manner in which a drug crime will be handled in court depends greatly on the varying details of each individual case. If you have been arrested for a drug crime, contact our firm today to speak with a Minnesota drug crime lawyer about your case.
Assault
You Minnesota criminal attorney will be able to help you determine what factors will affect the outcome of your case. For example, a conviction on a domestic assault case prohibits you from ever possessing a firearm - a major consequence for people that are hunters. The length and type of probation you might be on can have daily impact on your life.
Murder
Our firm's case was recently featured in the Star Tribune. Through significant negotiation our attorney was able to help her client enter into a negotiation that included the dismissal of murder charges. Our client also avoided going to prison as part of the negotiation.
Probation Violation
If there’s a problem, he/she will be either notified by mail of another court date to address the probation violation, or, unfortunately, are simply arrested and brought to court directly from jail.
Homicide
Lucas has represented numerous clients on a variety of complex legal issues involving criminal sexual conduct, abusive head trauma, assault, shaking baby syndrome and homicide. She also had the benefit of prosecuting juvenile delinquency and child protection cases at both the Chisago and Hennepin County Attorney Offices.
Arson
Murder in the First Degree can also involve causing the death of someone while committing certain types of crimes, such as criminal sexual conduct in the first or second degrees or intending to cause the death of someone while committing burglary, arson, and certain other serious offenses.
Shoplifting
OUTCOME: In trial for shoplifting offense, Court granted Attorney Nelson’s request for judgment of acquittal finding that the State had failed to prove its case. Case dismissed.
Restraining Order
OUTCOME: Following a jury trial, Ms. Zauhar's client received an acquittal on all charges, domestic assault and disorderly conduct, on the basis that her client was acting in self defense during the alleged criminal incident. Following thorough conversations with the prosecution, the remaining charge of violation of a harassment restraining order was dismissed prior to trial.
Forgery
Forgery offenses are almost always felony-level crimes, thus carry many consequences that include jail or prison. We often think of Forgery within the context of someone signing someone else’s name or otherwise altering a document, (often a check) with the intent to defraud. However, Forgeries may pertain to writings or to objects such as an official seal, or a membership card. Minnesota law defines many actions as Forgeries. For example, using a forged document may be considered Forgery. The same may be true for placing a misleading identifying label upon something, or for possessing a forged document, or even by mutilating or destroying a document. Knowingly offering or presenting a forged document is also a crime, whether or not the document was actually accepted. Punishments for Forgery Crimes depend on things such as what the forged thing is, who the victim is, why the thing was forged, and, for checks, the value of the thing that was sought to be obtained. The value of forged checks may be “aggregated” (added together) within a certain time period in order to fall under a harsher subdivision of the statute. Forgery is also a federal crime that carries severe penalties.
Manslaughter
Tina Appleby, Eric Nelson and Marsh Halberg are all very experienced defense attorneys, having handled a number of Murder and Manslaughter cases.
Prostitution
CASE TYPE: Prostitution – Offers/Hires/Agrees to Hire Individual Reasonably Believed to be Age 13-15 for Sexual Penetration or Sexual Contact
Hit and Run
“Hit and Run” is officially known as “Leaving the Scene of an Accident” under Minnesota Statute 169.09. That law requires the driver of any vehicle involved in an accident resulting in bodily injury or death, or damage to a vehicle, to stop and provide basic information to the other driver, including their name, address, date of birth and drivers license.

Business and Corporate Law

Business Transactions
There is a wide range of charges which can issue for white collar cases but many times the charges include offenses of internal business theft, embezzlement or mortgage fraud. Frequently white collar cases are prosecuted in federal court versus state court (see our website’s discussion of Federal Law). White collar cases typically include evidence involving large amounts of documentation to track financial, real estate or business transactions over a period of time. Law enforcement may seek search warrants to obtain those records from banks, businesses and, on occasion, even law firms.

Personal Injury
Second Degree. For both adults and minor victims, Second Degree CSC involves sexual contact where the actor is armed with a dangerous weapon, uses threats, makes the alleged victim fear immanent great bodily harm, uses force or coercion and causes personal injury, or has an accomplice to aid in the commission of the offense. As it relates to minors, whether the conduct falls under Second Degree CSC depends on the age of the alleged victim; for instance, a person can be charged with Second Degree CSC for any sexual contact with a person under 14 where the actor is more than three years older. Where the minor is 14-16, sexual contact is prohibited where the actor is in a position of authority over the minor or there was a significant relationship with the minor.
Auto Accidents

Foreclosure
In circumstances where a motor vehicle subject to forfeiture is leased or subject to an outstanding loan, Minnesota DWI forfeiture law protects the interests of the lien holders (usually banks and other financial institutions). In these situations, a lien holder may choose to sell the motor vehicle at its own foreclosure sale or agree to a sale by the arresting agency. After the sale, a proportionate share of the proceeds goes to the lien holder, after certain expenses are deducted.

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