Ramsay & Devore, P.A. - Recent Successes of Kevin W. DeVore

Kevin DeVore successfully pursuaded the Court to refrain from ordering prison time. A single mother of a 7 year old boy, facing the threat of 42 months on prison, pleaded with the Court to give her one more chance. Mr. DeVore pointed out to the court all of the accomplishments of his client, including excelling at her job, owning her own home, and successfuly participating in treatment, as well as the tragedy that certainly would be brought onto the defendant's family if prison time was ordered. The Court made the "right decision" and justice was served.

• HENNEPIN COUNTY JURY FINDS R&D CLIENT NOT GUILTY

Kevin DeVore brought another criminal matter before a jury last week and received another verdict of not guilty. On August 17, 2006, after two days of trial and less than an hour of deliberation, the jury returned its verdict, finding the defendant not guilty on charges of Aggravated DUI- Chemical Test Refusal.

Mr. DeVore’s client was also charged with DUI and Driving After Revocation, however, those charges were dismissed by the court during trial at the close of the State’s case. Mr. DeVore’s motion for judgment of acquittal was granted when the Judge determined that the State had failed to prove the prima facie elements of the DUI and DAR charges.

As of August, 2006, Mr. DeVore has tried four criminal jury trials and one federal court trial. His client’s have
received not guilty verdicts on all but one of the jury trials.

• DOMESTIC ASSAULT CHARGES DISMISSED

At the jury trial on November 20 in Ramsey County, Kevin DeVore was successful in negotiating the dismissal of Domestic Assault charges brought against his client.

• DUI IMPLIED CONSENT CHALLENGE SUCCESSFUL

Kevin DeVore obtained an order from a Dakota County Judge rescinding the revocation of his client’s license stemming from a DUI arrest. At the Implied Consent (License Revocation) hearing on July 25, 2006, a Dakota County Judge ruled that the State’s attempt to revoke the driver’s license should be dismissed. Mr. DeVore’s client was facing a one year revocation of his license.

• DOMESTIC ASSAULT CHARGES DISIMISSED

Attorney DeVore also successfully defended his client on Domestic Abuse charges brought in Washington County. On July 24, 2006, at the jury trial, the State moved to dismiss all charges against Mr. DeVore’s client. The prosecutor agreed with Mr. DeVore that the State did not have enough evidence to proceed to trial.

• DIFFERENT CLIENTS … DIFFERENT COUNTIES … SAME RESULT-- ALL CRIMINAL CHARGES DISMISSED!!!

Assault Charge Dropped

On July 10, 2006, Kevin DeVore obtained the dismissal of assault charges brought against his client in Ramsey County. At the jury trial, Mr. DeVore convinced the State to dismiss all charges for lack of merit to support the charges. An assault is committed when a person commits an act with intent to cause fear in another of immediate bodily harm or death; or intentionally inflicts or attempts to inflict bodily harm upon another. The maximum penalty on this offense is 90 days of jail and a fine of $1,000.

Felony Flee Charge Dropped

Two days later, on July 12, 2006, Mr. DeVore was also able to obtain a dismissal of all charges stemming from a Felony Fleeing a Peace Officer in a Motor Vehicle incident out of Hennepin County. At the omnibus hearing, Mr. DeVore convinced the State to dismiss all charges against his client.

To Flee a Peace Officer in a Motor Vehicle means:

Whoever by means of a motor vehicle flees or attempts to flee a peace officer who is acting in the
lawful discharge of an official duty, and the perpetrator knows or should reasonably know the same
to be a peace officer.

The offense is a felony and carries with it a maximum penalty of 3 years imprisonment and a fine of $5,000.

As a result of the dismissal, Mr. DeVore was also able to get his client’s driver’s license immediately reinstated. The license had been revoked for 1 year. Plus, earlier this year, Sharon Osborn, attorney with Ramsay & DeVore, P.A., was able to win the Vehicle Forfeiture case, which required our client’s car to be returned.

• DOMESTIC ASSAULT CHARGES DISIMISSED

Kevin DeVore persuaded an Anoka County prosecutor to dismiss the Domestic Assault charges against his client. On June 5, 2006, at the start of jury trial in the matter, Mr. DeVore was able to prove his client’s innocence to the prosecutor, who, after completing his own investigation, determined the truthfulness of the defendant’s allegations. All criminal charges were dismissed.

Domestic Assault is defined as:

Whoever does any of the following against a family member or household member…, commits an assault
and is guilty of a misdemeanor:
(1) commits an act with intent to cause fear in another of immediate bodily harm or death; or
(2) intentionally inflicts or attempts to inflict bodily harm upon another.

• FELONY ASSAULT IN THE SECOND DEGREE CHARGES DISMISSED

On May 26, 2006, Kevin DeVore obtained a dismissal of all criminal assault charges against his client. One week prior to the start of a jury trial in Ramsey County on the felony matter, DeVore persuaded to the State to dismiss the case for lack of probable cause. DeVore’s client was charged with Assault in the Second Degree, which is a serious felony, and carries with it a maximum penalty of imprisonment of up to 7 years and a fine of up to $14,000.

Assault in the second degree is defined as:
Whoever assaults another with a dangerous weapon and inflicts substantial bodily harm.

DeVore, on behalf of his client, was prepared to try the case on the defense of self-defense. However, after the State dismissed the charges, the trial was stricken from the court calendar.

• ANOTHER JURY VERDICT OF NOT GUILTY

Kevin DeVore received his second not guilty verdict within the past month after a Ramsey County jury found Mr. DeVore’s client not guilty on felony criminal damage to property charges. On May 19, 2006, after two days of trial and two days of deliberation, the 12-person jury found the State failed to prove beyond a reasonable doubt that Mr. DeVore’s client committed the crime.

In the trial, two eyewitnesses testified that they saw the defendant commit the crime, identified the defendant’s car by make, model, color and license plate number, and they picked the defendant out of a photo lineup. The defense presented alibi testimony as to the actual whereabouts of the defendant at the time of the crime.

• DEVORE WINS FEDERAL SEXUAL ASSAULT TRIAL

On May 19, 2006, Kevin DeVore received a finding and order of not guilty on all criminal charges following a trial before the federal court that took place on April 24, 2006. After one day of trial where eight witnesses testified, a Federal Magistrate Judge found that the United States had failed to prove beyond a reasonable doubt that Mr. DeVore’s client had committed the sexual assault offense. The sexual assault allegedly occurred on federal property which gave rise to the federal jurisdiction. Mr. DeVore used character witnesses and exposed the absence of significant evidence in the United States’ case, to prove that his client was not guilty.

• DEVORE GETS ASSAULT CHARGES DISIMISSED

At a Hennepin County jury trial proceeding, and through timely motions and compelling argument, Kevin DeVore convinced the State to dismiss its charges of Domestic Assault against the defendant. On May 17, 2006, upon the motion of the defense, the State dismissed all criminal charges against Mr. DeVore’s client.

• THE VERDICT IS IN: NOT GUILTY

Attorney DeVore successfully defended his client on a Felony Terroristic Threats charge. On April 19, 2006, after two days of trial and one day of deliberations, a 12-person jury in Hennepin County found Mr. DeVore’s client not guilty on the serious felony charge. One of keys to the successful trial was Mr. DeVore’s ability to limit the State’s proposed evidence by attacking the State’s case through pretrial motions. A large part of the State’s evidence was suppressed before the trial. Further support to the adage that many trials are won before the jury is even picked.

• DUI CHARGES DISMISSED

On April 18, 2006, at a pretrial hearing and upon a motion to dismiss filed by the defense, Kevin DeVore obtained a dismissal of all Driving Under the Influence charges against his client. The license revocation (Implied Consent) matter had already been litigated at trial in March and was dismissed for an illegal stop. Mr. DeVore filed a motion to dismiss on specific legal grounds and the State disimssed the criminal charges. A Dakota County judge approved the State's motion to dismiss and the matter was stricken from the trial calendar. Sharon Osborn, associate at Ramsay & DeVore, P.A., appeared for our client in this matter.

• ASSAULT CHARGES DISMISSED AT TRIAL

On April 12, 2006, at a pretrial, Kevin DeVore obtained his second dismissal of Gross Misdemeanor Domestic Assault charges within one week. In a matter pending out of Anoka County, Mr. DeVore used appropriate motions to pursuade the State to dismiss all charges against his client. An Anoka County judge approved the State's motion to dismiss and the matter was stricken from the trial calendar.

On April 5, 2006, at the start of jury trial, Kevin DeVore obtained a complete dismissal of all charges of Gross Misdemeanor Domestic Assault on behalf of his client. A Ramsey County judge approved the State's motion to dismiss and the matter was stricken from the trial calendar.

• DEVORE CONVINCES JUDGE TO DEPART FROM SENTENCING GUIDELINES

In a well publicized case, Kevin DeVore convinced a Ramsey County Judge to depart from the State Sentencing Guidelines, allowing the defendant to avoid prison. Convicted of five counts of felony theft, Mr. DeVore’s client was presumed to be ordered to serve 19 months in prison. The defense challenged the State’s Sentencing Guidelines and presented witness testimony as well as research documentation to paint a more accurate picture of the situation for the Court.

The departure will provide several options to Mr. DeVore’s client that otherwise would not have been available in prison, including home motoring and work release, not to mention significantly less incarceration time.

• DEVORE WINS 2ND DUI TRIAL IN TWO WEEKS

Within just two weeks in March, 06, Kevin DeVore earned his second dismissal of DUI license revocation charges brought against his client. This time the issues were probable cause and due process. Upon conclusion of the trial that included testimony of the officer, a Hennepin County Judge ruled in his written Order that the officer lack sufficient probable cause to arrest. The Judge also ruled that because the hearing was not held within 60 days, this violated our client’s constitutional due process rights.

• DEVORE WINS DUI TRIAL

Kevin DeVore, partner at Ramsay & DeVore, P.A., successfully defended a DUI license revocation in a trial on March 7^th. Kevin and his client challenged the officer’s basis for stopping his vehicle. A Dakota County Judge ruled that the officer lacked the reasonable articulable suspicion necessary to stop the vehicle; thus infringing upon the driver’s Fourth Amendment rights.