Criminal Defense Case Results
Wisconsin Law Firm: Criminal Defense Case Results
Child Pornography charges dismissed against Wisconsin man – February 2016
In February, 2016, Kim M. Zion, of Eisenberg Law Offices, S.C., represented a Chippewa Falls Wisconsin man who was charged in federal court with three felony counts of possessing, distributing and receiving child pornography. Attorney Zion filed a motion to quash the two search warrants issued in the case and to suppress all evidence derived from the execution of the warrants arguing that there was no probable cause on which to base the warrants. The United States District Court for the Western District of Wisconsin agreed with Attorney Zion and found that the warrant to search the Defendant’s home was plainly not supported by probable cause and that the affidavits in support of the search warrants so utterly failed to provide probable cause on which to base the warrants that the good faith doctrine did not apply. The Court granted Attorney Zion’s motion and all child pornography charges against the Wisconsin man were dismissed.
Federal Charges Dismissed for Defective Search Warrant – February 2016
Kim M. Zion and Jack S. Lindberg moved to suppress evidence in a federal criminal case on the grounds that the underlying search warrant leading to the charges was improperly issued by a state court judge. After reviewing the briefings and argument in February 2016, the Western District Court agreed, suppressing evidence that eventually resulted in a dismissal of the case.
District Court Ruling Reversed on Appeal – April 2016
Mark E. Eisenberg and Jack S. Lindberg challenged a “dog-sniff” search outside of an apartment doorway on the grounds that the search violated the Fourth Amendment and a recent decision of the United States Supreme Court. In April 2016, the Seventh Circuit Court of Appeals reversed the District Court’s initial ruling that the search was constitutionally sound, agreeing that evidence should have been suppressed due to the illegal search. The case has been remanded for further proceedings consistent with that decision. To read the full details of the decision open the PDF document.
Temporary Restraining Orders and Injunctions – May/June 2015
Stephen J Eisenberg and Jack S. Lindberg have been successful in obtaining dismissals of three temporary restraining orders and injunctions in May and June, 2015. All three clients were accused of harassment or domestic abuse and were subject to temporary restraining orders. Eisenberg Law Offices was able to obtain court ordered dismissals in each case.
Eisenberg Law Offices can use their extensive experience to help individuals dealing with restraining orders filed against them. The violation of a restraining order or injunction can form the basis for criminal charges, but even the mere imposition of a restraining order and/or a permanent injunction can have severe consequences in terms of employment, immigration status, litigation over child placement and/or custody, and the like. Thus, it is extremely important to take these types of matters quite seriously.
March 31, 2015: Drugs found during canine search not allowed due to prolonged traffic stop
On March 31, 2015, Mark Eisenberg was successful in suppressing 65 grams of heroin where police officers prolonged a traffic stop in order to bring a canine to the traffic stop to sniff a defendant’s vehicle. The judge ruled that the officer did not have reasonable suspicion to prolong the traffic stop, and that the continued detention of the defendant beyond the purpose of the traffic stop [she was stopped for speeding] was unreasonable and violated the Fourth Amendment to the United States Constitution. The evidence was suppressed.
March 25, 2015: Minimum Mandatory Sentence for Child Pornography ambiguous
On March 25, 2015, a Dane County judge ruled that a child pornography statute, which others had indicated required a minimum mandatory three-year prison sentence for each image found on a defendant’s computer, was ambiguous and could not be applied to the defendant. Mark Eisenberg raised this issue, and the Dane County judge indicated that there were two equally plausible readings of the law. He indicated that because of that fact, the law did not require him as a sentencing judge to sentence the defendant to a minimum mandatory three-year prison sentence.
June 26, 2014: State Statute allowing officers to draw blood from unconscious person Unconstitutional
On June 26, 2014, a Dane County judge ruled that the state statute which allowed police officers to draw blood from an unconscious person without his/her consent and without a search warrant was unconstitutional. Mark Eisenberg was successful in arguing that based on Supreme Court law, the Wisconsin statute was unconstitutional and violated the Fourth Amendment to the United States Constitution. This case is currently on appeal.
Madison, WI, Priest Acquitted in Sex Assault Trial
On December 5, 2011, a Dane County Jury returned a verdict of not guilty on an allegation that a Madison, WI, priest sexually assaulted a teenage girl in 2004. Attorney Stephen J. Eisenberg of Eisenberg Law Offices, S.C. argued that the allegations of sexual assault by the teenage girl were the result of false memories that formed in the girl’s mind during mental health therapy sessions and augmented by psychology classes she took in school.
The defense argued that the young girl’s story was inconsistent and that when she started psychiatric therapy, some facets of the therapy, including a technique called guided imagery, inadvertently led to reconfiguration of her memory about the events to the point that her memories were unreliable.
Eisenberg argued that the young girl utilized real memories of specific events that merged into memories that did not actually take place as a result of her dreams, fantasies and hallucinations.
Not guilty jury verdict on a felony charge of possession of burglary tools
During the week of July 18, 2011, Mark Eisenberg was successful in obtaining a not guilty jury verdict on a felony charge of possession of burglary tools. The defendant also had numerous firearms in his possession. The State did not want the defendant to possess firearms because it believed the defendant was a danger to society.
As a result, the State charged the defendant with felony possession of burglary tools in an attempt to have the defendant declared a felon. If the defendant was convicted, he would no longer be able to possess firearms under both state and federal law. The defendant was found not guilty of the felony possession of burglary tools charge.
Jury Acquits Man of Three Felonies in 35 Minutes
In January, 2010, a Grant County jury returned not guilty verdicts against a Grant County resident on three counts of first degree sexual assault, false imprisonment and strangulation.
The client was represented by Stephen J. Eisenberg of Eisenberg Law Offices, S.C. The case involved a claim by a woman that the man sexually assaulted her at gun point, refused to allow her to leave the premises and strangled her to the point where she could no longer breathe and was in fear for her life. The jury returned not guilty verdicts in approximately 35 minutes.
Child Sexual Assault Charges Dismissed After Hung Jury
Stephen J. Eisenberg of Eisenberg Law Offices, S.C. represented a Dane County resident in April, 2010, on a charge of first degree sexual assault of a child. An 8-year-old Dane County resident alleged that four years earlier, when she was barely 4 years old, that Mr. Eisenberg’s client sexually assaulted her during a sleep-over at his residence.
After a 2-day trial in Dane County Circuit Court, the jury was deadlocked at 11-1 not guilty. Jury verdicts in criminal cases must be unanimous. The judge declared a mistrial. Shortly thereafter, the State elected not to pursue another trial and the charge of first degree sexual assault of a child was dismissed.
Not Guilty Verdict in 25 Minutes for Sauk County Man
In January, 2010, a Columbia County jury returned a verdict of not guilty in 25 minutes in favor of a Sauk County man who was charged with reckless endangering safety for allegedly pushing an individual over a railing from eight feet above ground. There were at least eight witnesses who saw the alleged act.
The jury was out 25 minutes, not believing that the defendant had actually shoved the complainant over the railing. The case was tried by Mark A. Eisenberg.
Wisconsin Bicycle Accident Case Ends in Hung Jury
Eisenberg Law firm represented a Wisconsin traffic homicide case involving a car and bicycle collision. After 12 hours of deliberation, the jury could not reach a verdict. The prosecution considers a retrial.Read more…
Not Guilty Verdict in Two Wisconsin Sexual Assault Cases
A Rock County jury found a man not guilty of sexually assaulting his girlfriend after three hours of deliberation. Mark Eisenberg challenged the credibility of the complaining witness. Shortly thereafter, Rock County again charged the man with a second sexual assault in a bar. This time the jury was out less than an hour and found him not guilty.
The attorneys at Eisenberg Law Offices have worked on a variety of cases involving sexual assault, child sexual assault, rape, and others. If you have been accused of sexual assault in the state of Wisconsin, contact the attorneys of Eisenberg Law Offices.
A Dane County jury acquitted a Daleyville man of negligent homicide for a fatal crash. The State argued that the defendant was criminally negligent in failing to stop at a stop sign. Steve Eisenberg successfully argued to the jury that his client’s behavior was merely accidental and not criminal. Eisenberg Law Offices has never lost a negligent homicide trial. If you or someone you know has been accused of negligent homicide in Wisconsin, contact the attorneys at Eisenberg Law. Read more…
Eisenberg Law defended a Portage, Wisconsin man who was charged with sexually assaulting a 4-year old child. Steve Eisenberg argued that the incident never occurred and that the child had been exposed to sexual materials in his own home and the defendant was found not guilty. Some of Wisconsin’s best sexual assault attorneys can be found at Eisenberg Law Offices. If you are facing Wisconsin sexual assault or child sexual assault charges, speak to an attorney at Eisenberg Law about your case. Read more…
Charges against a couple accused of running a drug operation out of a day care facility were dropped by a circuit court judge after Steve Eisenberg convinced the judge that the Sheriff’s Department had fabricated evidence to obtain a warrant to search the home. Being convicted of a drug crime or offense can have serious consequences. If you have been accused of a Wisconsin drug crime, make sure that your rights stay protected and hire an experienced drug crime attorney from Eisenberg Law Firm. Read more…
A Dane County jury found a man innocent of firing 10 gunshots into a State Street tavern. Mark Eisenberg questioned the reliability of the prosecution’s witnesses as well as the reliability of the gunshot residue evidence in closing arguments. The jury found his client not guilty despite the fact that there were numerous eyewitnesses. Read more…
Dane County Jury Finds Man Not Guilty of Molesting his Daughter
Steve Eisenberg convinced a Dane County jury to find a Brooklyn man not guilty following a jury trial on charges that the man sexually assaulted his 6-year-old daughter. The man was in the middle of a custody battle with the child’s mother when the allegations surfaced.
Madison Man Found Not Guilty of Second Degree Reckless Homicide
Mark Eisenberg obtained a jury verdict of not guilty in a case where a man was charged with second degree reckless homicide resulting from a bar fight. Mark convinced the jury that his client was acting in self defense and had only thrown one punch, which resulted in the death.
Man Acquitted of Federal Drug Charges
A federal jury found a Madison man not guilty of delivering cocaine despite the fact that five alleged accomplices testified for the government that the defendant had delivered cocaine. Mark Eisenberg convinced the jury that all five of these witnesses were lying in order to receive benefits from the government on their own charges.