Kinsella and Foley Defense, PLLC

Kinsella and Foley Defense is proud to announce that attorneys Dana Kinsella and Robert Foley have again been recognized by Minnesota Super Lawyers Magazine for the seventh year in a row. Attorney Kinsella was again selected as a Rising Star, a designation reserved for the top 2.5 percent of criminal defense attorneys under the age of 40. Attorney Foley was again selected as a Minnesota Super Lawyer, a designation reserved for the top 5 percent of criminal defense attorneys over the age of 40.
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CASE DISMISSED! Dealing with the DMV is not always pleasant. But when a client insisted that the mistake was made on their end and not his, Attorney Foley pushed the issue. Ultimately, the Misdemeanor charge of Driving Without an Interlock Device When Required was dismissed after nearly six months. Persistence pays.

ALL CHARGES DISMISSED! Thanks to the Fourth Amendment, we all have a constitutional right to be free of unreasonable searches and seizures. And when law enforcement crosses that line, the evidence obtained becomes “fruit of the poisonous tree” and shall be suppressed. After a very lengthy contested hearing and written briefs, attorney Foley received a judge’s Order dismissing the case against his (very grateful and relieved) client.

DISMISSED! Earlier this year, attoneys Kinsella and Foley attended the National Highway Traffic Safety Administration’s Field Sobreity Test Course and became certified. Upon a tedious examination of all relevant documents and bodycam videos in this case, it was obvious that the officer failed to administer these tests as trained. The prosecutor and Attorney Foley agreed that this case was much better suited as a training opportunity for his officer than a conviction for our client.

DISMISSED! Case was set for trial today because the state refused to make reasonable settlement offers to Attorney Foley’s client. However, when push came to shove, they had witness problems and had no choice but to dismiss their own case. This is why we play the game.

DISMISSED! Attorney Foley was able to secure a full dismissal of gross misdemeanor charges today. Client was facing up to a year in jail and $3,000 in fines. The case was dismissed after testimony showed the officer had no basis to request his driver’s license. All evidence obtained from there was fruit of the poisonous tree and must be suppressed.

Kinsella and Foley Defense is proud to announce that attorneys Dana Kinsella and Robert Foley have again been recognized by Minnesota Super Lawyers Magazine for the sixth year in a row. Attorney Kinsella was again selected as a Rising Star, a designation reserved for the top 2.5 percent of criminal defense attorneys under the age of 40. Attorney Foley was selected as a Minnesota Super Lawyer, a designation reserved for the top 5 percent of criminal defense attorneys over the age of 40.
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Governor Walz signed a bill legalizing recreational ma*****na in Minnesota earlier today, making us the 23rd state to do so. On August 1, it will be legal to possess up to two ounces in public, up to two pounds in the home, up to 800 milligrams of THC in edibles and up to 8 grams of cannabis concentrate. As part of that bill, the Minnesota Bureau of Criminal Apprehension is to start the process of sealing records and/or expunging convictions for those who would not have been charged under the new law. However, it will be a long and arduous process and the BCA has until 2028 to complete it. If you have ever been arrested, charged or convicted of a ma*****na offense, a public record exists and follows you everywhere forever. Contact us today to fast-track the sealing and expungement process as quickly as possible before the courts get bogged down. Don't let past possession of a (now) legal plant jeopardize your ability to land that dream job, housing opportunity, right to possess fi****ms, etc. www.defendingmn.com

Teaming up with United States Concealed Carry Association and Templar Fi****ms Training to present on Minnesota self defense and fi****ms laws. This is a class that we are very proud to regularly teach and highly recommend.

We are now fully NHTSA certified to perform Standardized Field Sobriety Tests. More importantly, we are now certified to know when they are improperly administered to you.

ALL CHARGES DISMISSED! Attorney Foley called the State's bluff. Client was charged with multiple counts of Misdemeanor Violation of a Harassment Restraining Order. The facts did not support the charges and we held firm, rejecting all plea bargain offers. We repeatedly informed the State that the case will be set for trial and all charges were dismissed today. Sometimes the best option is to cut a deal, but other times trial is the only answer. Find yourself a lawyer that knows the difference.

ANOTHER CASE DISMISSED! Attorney Foley received Notice from the State that a dismissal has been filed after he demanded they draft and file a formal Complaint asserting facts that supported the charge that our client criminally violated a Harassment Restraining Order. The State's case was very weak and, in our opinion, failed to meet even the low bar of probable cause to charge. It appears that perhaps the State agreed upon closer examination.

ALL CHARGES DISMISSED! Attorney Foley was able to secure a full dismissal of domestic assault charges based on a very credible claim of self defense. We would like to extend a special note of gratitude to the city attorney who invested the time and effort into truly seeking justice. Without them, this case would have gone to trial and needlessly used vast amounts of human and financial resources.

ALL CHARGES DISMISSED! Attorney Foley received an Order today dismissing all counts of an aggravated Gross Misdemeanor DWI after a hard-fought contested hearing where he challenged the basis for the stop of his client's vehicle.

Another day, another satisfied client at Kinsella and Foley Defense.

“I want to thank Robert Foley for handling my case so well, and working so diligently. He kept me informed on all the processes, and made sure to get me the best result possible. I’d happily recommend him and the firm to anyone in need of help with legal issues.”

“Well, once the law enforcement offical found out I hired a highly accomplished attorney, he backed off immediately and sent my permit back to me! Robert Foley is so good I didn’t even have to file a petition with the court!”

“I trust Robert Foley without question and I'm ecstatic with the outcome he was able to procure in my favor. If you want an attorney who will fight for you, who is attentive, kind, and an all-around great guy, then Robert Foley is the attorney for you.”

Kinsella and Foley Defense is proud to announce that attorneys Dana Kinsella and Robert Foley have again been recognized by Minnesota Super Lawyers Magazine for the fifth year in a row. Attorney Kinsella was again selected as a Rising Star, a designation reserved for the top 2.5 percent of criminal defense attorneys UNDER the age of 40. Through some sort of mathematical error 😜, Attorney Foley was selected as a Minnesota Super Lawyer, a designation reserved for the top 5 percent of criminal defense attorneys OVER the age of 40.
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DISMISSED! Attorney Foley filed Motions demanding the dismissal of a serious fi****ms charge due to a lack of evidence and the County Attorney did just that this morning. A similar Motion based on Fourth Amendment violations was filed in a serious drug case last week and the County Attorney also obliged this morning. Now that’s how you start the week. Defendingmn.com

Minnesota Criminal Defense Lawyers | Stillwater Criminal Attorneys Kinsella & Foley is ready and willing to help you as experienced criminal defense lawyers. Offices in Minneapolis and Stillwater, Minnesota.

Federal judge rules Minneapolis police illegally searched Frey staffer's car Gun, drug charges dismissed because evidence didn't support the officers' claim of smelling ma*****na during a traffic stop, she found.

Attorneys Kinsella and Foley attended the National Association of Criminal Defense Lawyers 2022 Midwinter Seminar in Austin, TX last week. This year’s topic was Selecting, Connecting and Empowering Your Jury.
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Welcome to the highest court in the land, Justice Jackson.

Joe Biden Picks Ketanji Brown Jackson For The Supreme Court The 51-year-old U.S. appeals court judge is poised to make history as the first Black woman on the nation's highest court.

Ahead of Kim Potter's sentencing, prosecution asks for 86-month sentence Prosecutors previously indicated they would ask for a sentence beyond the state guidelines for the shooting death of Daunte Wright.

'We want 100% justice': Judge rejects plea deal with man who killed Ahmaud Arbery A federal judge rejected a plea agreement Monday that would have averted a hate crimes trial for one of the men convicted in the killing of Ahmaud Arbery.

"A Philadelphia man walked out of prison on Monday, 37 years after he was convicted of murdering a woman, an accusation he has vehemently denied, and after a federal court found prosecutors suppressed evidence of false testimony given by a key witness, the Philadelphia District Attorney’s Office said."

Man freed from prison 37 years after witness lied and took police bribe of drugs and s*x Willie Stokes was freed from prison on Tuesday after serving time for a murder conviction based largely on the testimony of a witness who said he'd been bribed by Philadelphia detectives. Prosecutors withheld information about the false testimony for nearly four decades, a judge concluded.

DOWNWARD DISPOSITIONAL DEPARTURE MOTION GRANTED!!!

Attorney Kinsella represented a client charged with felony DWI, this client’s 8th lifetime. Kinsella and Foley Defense took on this matter almost four years ago and the client faced a presumptive 75-month commitment to prison.

The State requested that the Court sentence in accordance with the presumption. There were no other offers for resolution, due to the client's history.

Attorney Kinsella filed and orally argued a Motion for Downward Dispositional Departure. The Court indicated they did not anticipate granting the motion prior to today's hearing. However, due to the client’s hard work with treatment and attorney Kinsella’s motion and oral arguments, the Court found that there were particularly substantial and compelling reasons to grant the motion. The ex*****on of the client’s sentence was stayed and they are now able to get back to their life and family!

Everyone benefits from transparency.

Minnesota State Patrol to begin wearing body cameras All 645 troopers will have the cameras by June 2022.

EXPUNGEMENT MOTION GRANTED! Attorney Foley represented a client charged with felony-level drug possession. In district court, he was able to negotiate a plea bargain that called for the case to be stayed and dismissed after three years if certain conditions were met. Upon successful completion of that time and those conditions, attorney Foley filed and orally argued a Motion for Expungement requesting an Order that all public records relating to the incident and court proceeding be sealed. That Motion was granted today and the client can now focus on his future, not his past.

A big win came down today for Attorney Foley in an Implied Consent Hearing that was argued over a month ago.

"Until Officer [A] spoke with Sergeant [B] after Officer [A] had seized Mr. [Client] – there was no way for Officer A to know that Mr. Client was the driver or the passenger of the red Civic. Further, Officer A did not know that Mr. Client drove a red Civic until after seizing Mr. Client by asking for his identification. The only basis for the seizure was that Mr. Client was three city blocks away from the accident, which, after consideration of the Applegate factors, was not reasonable. Accordingly, the Court concludes that Officer A did not have reasonable, articulable suspicion to seize Mr. Client when he asked him to provide identification. Accordingly, Mr. Client’s petition to reinstate driving privileges is granted."
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