Case Results

Plaintiff brought a conciliation small claims matter against defendant when Defendant stored Plaintiff's boat one winter season. Defendant advertized a heated facility on social media. After a winter of storage, Plaintiff's boat was damaaged due to freezing temperatue conditions.  Plaintiff claimed defendant was liable for the damages to his boat due to the facility not being as advertised. 

Plaintiff won the small claims matter; however, defendant then  filed a request to appeal to district court for a re-trial. Plaintiff then hired Birkholz Law to fight for him in district court. 

After a one day Jury Trial, attorney Taliesen Burrows convinced the Jury that the defendant provided false advertisement and was liable for the damages to Plaintiff's boat.

The Defendant was accused of a domestic assault against his ex-wife by threatening to kill her and damaging property on a Saturday afternoon. The Defendant hired Zachary Webster to fight for him and show he never harmed his ex-wife and didn’t commit a domestic assault. After a one day trial Mr. Webster was able to show that the Defendant’s ex-wife’s story did not add up and that the Defendant did not commit an assault against his ex-wife. The Jury found him not guilty and the charges were dropped. 

The Defendant was accused of having sex with a minor that he met on snap chat. The minor accused defendant of having sex knowing she was a minor when they met. The defendant hired Zachary Webster to fight for him. After a two day Jury Trial, Mr. Webster was able to prove the Defendant’s version of events that he met with the minor girl to be a helpful as she was going through a breakup and never had sex with her as he was just trying to be a good guy. He also showed how the Police obtained a false confession from the Defendant by pressuring him to acknowledge they had sex when they didn’t. The Jury found the defendant not guilty, and all charges were dropped.

The Defendant was accused of setting fire to a garage at his home in rural Minnesota town. A week later, there was another fire ignited when the house was vacant due to damages after the first fire. After an extensive investigation, the Fire Marshall declared the second fire was not started by an internal source but rather an intentional act. The defendant was charged with arson in the 1st and 2nd degrees.

The defendant hired Jacob Birkholz to fight for him. After a 3-day jury trial, Mr. Birkholz was able to prove the defendant's alibi defense with multiple witnesses. He also used the State's expert to prove his defense. The jury found the defendant not guilty, and all charges were dropped.

The Defendant left a bowling alley after enjoying a night out with some friends. As he pulled into his driveway, he was "pulled over" by a sheriff for speeding. After several sobriety tests were completed and blowing a .0801, the defendant was arrested for driving while intoxicated (DWI) and was taken to the Windom County jail.

The defendant hired Daniel Birkholz, who later transferred the case to Michelle Olsen. Ms. Olsen took the matter to a jury trial and argued whether the breath test was valid or not as the defendant blew within 10ths of a .08. The jury agreed with Ms. Olsen, and the defendant was found not guilty. All charges were dropped, and the defendant had his license reinstated.

A victim made a call to 911 regarding a strangulation assault that took place at her home by her boyfriend. A sheriff arrived on scene and located the defendant and victim walking down an alley near the home. The victim was distraught and had signs of an issue taking place shortly before. The defendant was taken into custody with charges for assault

The defendant hired Jacob Birkholz to represent him in this matter. The defendant was facing prison time due to being on parole. A favorable plea deal was offered, but MR. Birkholz was confident that they could win a trial, so they turned down the deal.  

During a Jury Trial, Mr. Birkholz convinced the jury that the defendant never assaulted his girlfriend. His girlfriend was intoxicated and hallucinated during an extreme blackout. All charges were dropped, and the defendant walked out of the courtroom a free man! This is an excellent example of how Jake Birkholz will fight for your rights and not take the easy way out. He fights for you!

If the Shoe Doesn't Fit You Must Acquit!  The prosecution was grasping at straws to explain how a 2-year-old boy had significant facial injuries.  The emergency room doctors and Child Voice interviewers suspected foul play. The bruising and swelling and possibly broken nose could only have happened with a severe blow to the face, perhaps a punch.  The mother reported that the 2-year-old had been left behind for only about 15 minutes while her boyfriend was left alone with the 2-year-old.  In a few hours, the boyfriend was arrested and charged with third-degree assault, despite his pleas and statement that the child had slipped from his hands and fallen on the hard ground.  The investigators searched the entire apartment for the "weapon" and found a flip flop with the same shape markings as the marks on the face of the child.

The court imposed almost half a million dollars bail, and a public defender is appointed.   The boyfriend had immigration issues with ICE, and no matter how much bail was posted, he was going to be held in custody pending trial.  With pressure from the public defender to plead guilty, the family and boyfriend found a private attorney to take on this almost impossible task and hired Jacob Birkholz. Fearing a strong defense, the State hires an Expert from the BCA on forensic materials to assess what patterns of injury could have occurred.  

During a 3-day jury trial, Birkholz shreds the expert having no experience in body markings and instead only with footprints and other type tracks.  On intense cross-examination, the expert admits the marks were consistent with abrasions from the carpet.  The shoe fell right into a full-blown acquittal (not guilty).  Tears from the family flowed as the defendant walked out of court a free man.

If the Shoe Doesn't Fit You Must Acquit!  The prosecution was grasping at straws to explain how a 2-year-old boy had significant facial injuries.  The emergency room doctors and Child Voice interviewers suspected foul play. The bruising and swelling and possibly broken nose could only have happened with a severe blow to the face, perhaps a punch.  The mother reported that the 2-year-old had been left behind for only about 15 minutes while her boyfriend was left alone with the 2-year-old.  In a few hours, the boyfriend was arrested and charged with third-degree assault, despite his pleas and statement that the child had slipped from his hands and fallen on the hard ground.  The investigators searched the entire apartment for the "weapon" and found a flip flop with the same shape markings as the marks on the face of the child.

The court imposed almost half a million dollars bail, and a public defender is appointed.   The boyfriend had immigration issues with ICE, and no matter how much bail was posted, he was going to be held in custody pending trial.  With pressure from the public defender to plead guilty, the family and boyfriend found a private attorney to take on this almost impossible task and hired Jacob Birkholz. Fearing a strong defense, the State hires an Expert from the BCA on forensic materials to assess what patterns of injury could have occurred.  

During a 3-day jury trial, Birkholz shreds the expert having no experience in body markings and instead only with footprints and other type tracks.  On intense cross-examination, the expert admits the marks were consistent with abrasions from the carpet.  The shoe fell right into a full-blown acquittal (not guilty).  Tears from the family flowed as the defendant walked out of court a free man.

On a spring day, the victim (who was a child) went to school and spoke with a counselor regarding an incident that happened with her uncle. The victim told the counselor that she had tried out for the school talent show and was home later after school. Once she arrived home, her uncle questioned why she was late and, as punishment, had her stand on her tiptoes with a small ladder/step stool on her head for an hour. When the victim needed to rest, she would be punished and hit with a belt. The victim stated that her uncle often hit her and her siblings with a belt or a shoe, and he's also pulled her hair. After several interviews with other members of the family, the defendant was taken into custody and charged with malicious punishment of a child and domestic assault.  

The defendant hired Ms. Olsen to take on the case. The matter ended up going into a jury trial. Ms. Olsen had convinced the jury that the punishment was not malicious, and the stories of the victim were not consistent. The jury found the defendant not guilty of malicious punishment. Ms. Olsen was able to successfully get a sentence for the domestic assault charge that allowed the defendant to remain in the country. The defendant is an immigrant and would have been removed if Ms. Olsen did not argue at the sentencing hearing. Instead, the defendant was ordered to serve time in jail for the 2nd charge. Overall, a favorable ending!

During a late afternoon in February, the defendant was pulled over for following too close to the vehicle in front of him and having an obstructed license plate. Once pulled over, the sheriff noticed a bag of green herbs tucked in the driver's side door pocket. The driver was asked to exit the vehicle and was asked for consent to perform a vehicle search. During a vehicle search, the sheriff located a duffle bag with 12 pounds of marijuana. The defendant was taken into custody to the Nobles County Jail.

The defendant hired Jacob Birkholz for representation. Jacob was not able to dismiss the charges but decided to take the matter to the court of appeals. Because of Mr. Birkholz's excellent arguments and cross-examination of the State Trooper, the Judge correctly threw out the charges against the defendant.  In a rare case, the Judge found the Trooper not credible in his testimony and found that he illegally seized the defendant and violated his Fourth Amendment rights during an improperly expanded traffic investigation.  The defendant's charges of pounds of marijuana in his vehicle were all thrown out! Jake works above and beyond to make sure he is doing the best work for our clients.

In December, the defendant answered a craigslist/back pages ad that was set up by law enforcement to catch predators. The ad specified the juvenile females were 18 and posted sex for sale. It was later identified to the defendant that they were 15 years old. The defendant was given a time and location to meet up and exchange services for money and alcohol. During the meet-up, the defendant was greeted by law enforcement and was taken into custody in Brown County.

This case went to a trial, and the defendant was found guilty, and the charges were listed under a felony.

Mr. Birkholz suggested we take this to the court of appeals where they successfully adjusted defendant's criminal sentence and remanded the charges as a Stay of Imposition meaning the defendant is convicted of the charges, but once the probation period is completed the felony offense would be dropped to a misdemeanor, a favorable result in this type of situation.

In the summer of 2019, police responded to a call in Blue Earth County regarding a sexual assault matter. The victim told the police her husband sexually assaulted her by touching her to "check if she was unfaithful." The defendant stated he was given permission, but the victim argued that she did not give consent. The defendant was taken to the Blue Earth County jail and charged with sexual assault. Later, the victim also filed an Order of Protection (OFP) against the defendant.

Since the defendant was working with Jacob Birkholz on a dissolution matter against the same victim, he also hired Jake for this criminal defense matter. Mr. Birkholz and the prosecutor filed a Rule 30.01, and the sexual assault charge was dismissed by the prosecutor. The victim made up the assault and filed a false OFP against her husband/the defendant to gain an advantage in the divorce matter. Jake Birkholz said, "hang in there…let's fight this".  The Judge found the victim/wife not credible in the sexual assault.  When the prosecutor learned about this ruling, they backed off charges, and everything was dismissed.  A strong defense and tough as nails grit = fantastic outcome!

We've all heard there are two sides to every story... It was a wintery day in March when the police responded to a call about an assault that had taken place. The victim stated she was asked to come to the home of the defendant, and when she arrived at the home, the defendant was with another woman who was weighing was seemed to be methamphetamine. When the victim was asked to leave, she was followed out of the home with the defendant, who was carrying a spade. The victim stated the defendant smashed the taillight to her vehicle. When she got out of the vehicle, the defendant then began swinging at her.  

When the police arrived and questioned the defendant, the defendant stated an assault never took place, and he was simply helping the alleged victim get her vehicle unstuck from the snowbank at the bottom of the driveway. The defendant slipped on the ice, which caused the shovel to his shovel to break the taillight. When the victim because upset and angry, the defendant went back to the home and locked the door. That's when the victim said he would pay for this. The defendant was charged with second-degree assault and taken into custody to the Jackson County jail.

The defendant hired Jacob Birkholz for representation. After issuing subpoena's and interviewing five witnesses, Mr. Birkholz proved to the prosecutor that the victim was lying about the charges. All charges were dismissed.  

In the summer of 2019, the defendant and his ex-brother-in-law (victim) were working at a business together. The defendant called the police and said the victim was harassing him. The police suggested the defendant file a harassment restraining order (HRO) against him. That same day, the sheriff was flagged down by the victim, who stated the defendant had assaulted him and damaged his phone. The next day, the sheriff went to the business where the incident took place and reviewed the video that had recorded the incident. The video lined up with the victim's story, and the defendant was charged with assault, disorderly conduct, and damage to property.

The defendant hired Michelle Olsen as representation for this matter. Ms. Olsen was able to dismiss the charges after arguing the case with the prosecutor. Ms. Olsen argued that the defendant had consent from the victim to destroy his cell phone. Ms. Olsen also argued that an assault did not take place, and the defendant only damaged the victim's property. All charges were dropped, and the case was dismissed.

In the summer of 2019, the police spoke with the victim regarding an assault case. The victim stated his wife, named defendant herein, had assaulted him the night before. The victim mentioned the defendant had burned his social security and visa cards after an argument and scratched him. The sheriff went to the home of the defendant and interviewed her. She admitted they did get into an argument and she did burn his social security and visa cards, but she did not assault or scratch him. The sheriff took the defendant into custody to the Pipestone County jail.

Jacob Birkholz was hired by the defendant to help fight for her. In the complex husband/wife assault case, Mr. Birkholz convinced the prosecutor that the defendant’s husband made up the assault and engaged in self-inflicted wounds to get Asylum status under the immigration laws. In a Rule 30.01 the prosecutor dismissed all charges and the Domestic Abuse No Contact Order (DANCO). 

The defendant had 3 active DWI matters in different counties that she hired Michelle Olsen to assist with. She also had 2 DWI matters in different states. Michelle Olsen had to act quickly and strategically to keep the defendant’s sentence to a minimum and prevent the multiple DWI’s from turning into felony charges. The defendant is a nurse and was risking losing her nursing license. Ms. Olsen also assisted in getting the defendant’s vehicle back from 2 different counties when it had to be forfeited. Michelle was able to make a favorable plea agreement with the prosecutor that allowed the defendant to not have a felony on her record, no additional jail time, and the defendant was able to maintain her nursing license!

In the summer of 2018, the police responded to a report of a physical assault in Blue Earth County. The police located a man who appeared to be bleeding and had a portion of his ear bitten off. The victim stated he and his girlfriend were walking and located the defendant lying on the ground. When the victim’s girlfriend tried to wake him up, the defendant pushed her and the victim intervened which caused an altercation. The victim identified the defendant and he was taken into custody to the Blue Earth County jail.

The defendant hired Jacob Birkholz for the job. Mr. Birkholz argued the video surveillance that was obtained showed self-defense and the victim was equally at fault. Mr. Birkholz negotiated a favorable plea agreement with the prosecutor. Instead of years in prison on 1st and 3rd degree felony assault, the defendant plead guilty and was ordered to a short probation with no jail time. Once probation is completed, all charges will be dropped.  

In the spring of 2017, a child protection report was made. It was reported that the victim’s uncle inappropriately touched three children under the age of 12. The defendant was facing 144 months in prison for a 1st degree criminal sexual conduct.

Jake Birkholz was hired by the defendant. Mr. Birkholz used expert psychologist evidence to have the 1st degree charge dismissed. An agreement was made with the prosecutor where the defendant plead guilty to the 2nd charge and serve no prison time but instead be ordered to probation.

The defendant was serving time in jail for a previous criminal matter. While in jail, the defendant was upset with the court system and he was unhappy with his supervising correctional agent. In jail, you are able to send text messages that are subject to reviewed. He sent messages to his sister "threatening" the supervising correctional agent and was charged with threats of violence.

The defendant hired Jacob Birkholz to take on the matter. At an omnibus hearing, Mr. Birkholz argued that the messages were never intended for the supervising correctional agent to see, but instead the defendant was just venting to his sister. The judge agreed, and the charges were dropped.

Jury Acquits in 15 minutes - all four Felonies - including Felony Rape and Burglary Charges.  Jake Birkholz defeats all odds by arguing a consent defense, and obliterating the credibility of woman  who was clearly fabricating her testimony.  All 12 jurors unanimously agreed with Jacke Birkholz and acquits the defendant.

All charges dropped!

NOT Guilty by Jury, after Jake Birkholz convinces jury that client was not stealing from roommate, and roommate had a pattern of lies exaggerations, and motivated by revenge.

NOT Guilty by Jury, after Jake Birkholz convinces jury that client was not stealing from roommate, and roommate had a pattern of lies exaggerations, and motivated by revenge.

Judge throws out All Assault Charges against Client after Jake Birkholz's strategic Objections that caught the Prosecutor trying to bring in improper Hearsay evidence against the victim.  Judge agrees with Jake and prosecutor's are stuck and fail to introduce the critical evidence.  Judge dismisses all charges as a result.

Judge Grants Motion for Dismissal during Jury Trial for Harassment violation because Jake Birkholz proves the State failed to prove a critical element of crime.

Not Guilty - All Charges!  Jury acquits client after Jake Birkholz shows there was no assault and the "victim" was her drunk boyfriend who claimed assault with a firearm, when client was engaged in self defense to his assault.

Jury Acquits Client of Providing Alcohol to Minors, by proving that the minors took clients alcohol without Client's assistance.

Acquitted of all Charges!  Attorney Jacob Birkholz convinced a Jury that Client was properly using her prescription medication and her car accident was not the result of being impaired by her medication.

Not Guilty on three (3) criminal sexual conduct charges after a five (5) day jury trial.  Jake Birkholz convinces jury that the "victim's" stories were not credible or believable, and bring critical character and eye witnesses.

All charges were dropped after Dan Birkholz argued at an Omnibus hearing that there was lack of probable cause that the defendant was involved in the posession and sale of marijuana.

Judges Throws out All DWI charges  on Illegal siezure by police.  Jake Birkholz convinced the Judge, winning against the Attorney General and Prosecutor, that the Client was merely trying to get into his driveway on a slippery winter day and had not committed any violations of the law.  The Judge agreed and found that Law Enforcement had seized him without a lawful basis.  Result -  License Reinstated! Charges Dismissed!  Reinstatement Fee for License Refunded from the State.

At an Omnibus hearing, Dan Birkholz submitted an affidavit from a friend of the defendant who stated the "victim's" accusations were false and the defendant never assaulted his girlfriend. All charges were dropped for lack of probable cause!

DWI Charges Thrown out by Judge after Jake Birkholz convinces Judge that deputy illegal stopped the vehicle.

Judges Dismisses All DWI charges, agreeing with Jake Birkholz's argument that Police illegally pulled over his vehicle.

Order Grants Dismissal for Lack of Probable Cause.  Jake Birkholz convinces Judge to dismiss all card transaction theft charges.

During an Omnibus, Dan Birkholz argued that the traffic stop that was made did not warrant an investigatory stop. All charges were dismissed.

During an Omnibus hearing, Jake Birkholz convinced the judge the to drop the charges for lack of probable cause.

Judge Dismisses Felony Dangerous Weapon Charges on School Property.  Jake Birkholz convinced Judge that pocket knife was not a "dangerous weapon" under the Statute and all charges were dismissed.  High School client was thrilled and learned to not bring a pocket knife he used for fishing in his vehicle on school property.

At the Omnibus hearing, Dan Birkholz was able to persuade the judge to dismiss the charges by stating the traffic stop was unlawful.

Charges were dropped! During an omnibus, Dan questioned the traffic stop that took place prior to the home investigation. A motion to dismiss and suppress evidence was granted.

At an omnibus hearing, Dan Birkholz questioned the validity of the traffic stop. The sheriff stated his stopped the defendant because a green light did not illuminate on his boat which is required by the state. However, Dan argued that the red light was illuminating and since the red light shares the same bulb as the green light, the green light was also illuminating. All charges were dropped.

At the omnibus hearing, Dan fought with the prosecutor saying they did not have reasonable efforts to locate and arrest the client. All charges were dropped.

Judge Dismissed All Charges of Felony Theft.  In a unique strategy by Attorney Jake Birkholz, Judge was convinced that the allegedly damaged property was possibly the Client's property during a property line dispute.  Judge ordered prosecutor to pay for a survey to proceed with charges.  He didn't ----> All charges tossed!

During an omnibus hearing, Dan Birkholz argued that the defendant was wearing his seatbelt while the state argued the defendant was not wearing his seatbelt. Due to the state not having evidence to prove that the defendant was in fact not wearing his seatbelt, all charges were dropped.

Dismissal of All DWI and Drug Charges by Judge after Jake Birkholz convinces the Judge that the Officer was not credible in his basis for stopping client's vehicle.

2nd Degree DWI Charges Thrown Out by Judge!  Jake Birkholz intensely cross examines the arresting officer that the video proves his police report that the headlights of the vehicle were actually on!  Witnesses testified for the Defense that the headlights were on "auto" and the Court agreed, and threw out the charges due to the Illegal stop.

Judge throws out Felony Drug possession charges, after Jake Birkholz convinces Judge that Trooper illegally extended the initial stop to improperly look for drugs and illegally searched the vehicle.

DWI Charges Thrown out by Judge after Jake Birkholz convinces Judge that client was not in "physical control" when he was reaching in his vehicle.

At the omnibus hearing, Michelle Olsen was able to dismiss 2 of the 3 charges for lack of probable cause.

Rights Restored!  Records Expunged! Despite having a felony burglary on his record.  Jake Birkholz convinced Court that the client's prior offenses were old and he was rehabilitated.

Gun Rights Restored!

Gun Rights Restored!

Gun Rights Restored!

Gun Rights Restored!

Gun Rights Restored!

Charges were dismissed because the prosecutor did not have the evidence to support the charge and would lose at trial.