Prior Success Stories
A man from South County was charged with child molestation in the City of St. Louis for allegedly fondling his stepdaughter. He was facing up to fifteen years in prison and lifetime sex offender registration. The alleged victim had promptly disclosed the allegation to her friend at school. She then later told adults, including a school counselor, a DFS worker, a detective, and a forensic interviewer. All of these people testified at trial and repeated her allegation. The State argued that she had to be telling the truth because she showed up at all of her interviews and court appearances and that the overall allegation was consistent and a child just wouldn’t “make this type of thing up”.
The jury did not buy that argument. Attorney Muhlenkamp highlighted the inconsistencies in the disclosures, her motive to fabricate the allegation in the first place, and the overall lack of reasonableness/common sense that surrounded each allegation. Our client testified in his own defense and proclaimed his innocence. The jury found him not guilty within 90 minutes.
Fraud Charge Results in No Prison Time
A St. Louis woman was charged with wire fraud in violation of federal law. She worked as an assistant property manager at two separate apartment complexes and misappropriated approximately $100,000 worth of rental payments from many tenants over a two year period. The federal government wanted her to go to prison. Attorney Anthony Muhlenkamp was able to convince the Court to sentence his client to probation with no prison time.
Accused Robbery and Armed Criminal Action Charges Dismissed
A St. Louis County man was charged with two counts of robbery in the first degree and armed criminal action, felonies that carried a potential sentence of life in prison. At the preliminary hearing, attorney Muhlenkamp convinced the alleged victim that he had no actual personal knowledge that his client had anything to do with the robbery, and in fact he was robbed by two other men, whom he specifically named at the hearing. The alleged victim’s prior identification of Mr. Muhlenkamp’s client was only the product of a Facebook search on his friend’s cellphone that proved to be completely unreliable. The judge dismissed the case and the State agreed not to reissue charges.
Felony Charges Dismissed in St. Louis County
A St. Louis County man was wrongfully accused of domestic assault in the second degree for allegedly choking his girlfriend. He was forced to post a cash bond and was not able to have any contact with his family. Attorney Bernsen was able to convince the court to dismiss the charges within a month of them being filed. He was then able to move back in with his family and continue supporting his children.
Felony Charges Dismissed in St. Louis County
A Tennessee man was recently released from on stealing a motor vehicle charges. These allegations dated back to 2012 when he allegedly stole the car. The state filed charges against him a couple of years later. Attorney Muhlenkamp filed a motion to dismiss the charges based upon recent Missouri Supreme Court caselaw that reclassified the offense as a misdemeanor and not a felony. As a result, the state missed the one year statute of limitations and the court had no choice but to dismiss the charges.
Felony Charges Dismissed in the City of St. Louis
A City of St. Louis man was charged with felony theft for allegedly stealing unemployment benefits from the State of Missouri back in 2007. The state charged him with this crime back in 2010, but never bothered to tell him that he had been charged even though he lived here in the City of St. Louis, as he did every day, for the last seven years! When he was finally notified in 2016 he was obviously caught completely off guard and had no idea what these charges were about. Attorney Muhlenkamp filed a motion to dismiss the charges due to the state missing the statute of limitations in light of a recent Missouri Supreme Court case that reclassified the allegation as a misdemeanor and not a felony. Therefore, the charges had to be filed within one year as opposed to three. The state received the motion to dismiss and, two days later, dismissed the case prior to even having a hearing on the motion.
Felony Charges Dismissed in Warren County
A Jefferson County woman recently realized, for the first time, that she was charged with the felony offense of writing a bad check for a transaction that occurred over twenty years ago! Despite her best efforts, back then, to resolve the matter and explain to the Warren County Prosecuting Attorney that this was simply a sloppy business transaction and therefore a civil matter, the state went forward and tried to prosecute her over twenty years later. Attorney Muhlenkamp promptly filed a motion to dismiss the charges due to her speedy trial rights being violated along with the state failing to meet the proper statute of limitations. The court summarily granted Muhlenkamp’s motion and dismissed the case after approximately two minutes of argument.
Court Dismisses Unlawful Use of a Weapon Charge
A South County man was wrongfully charged with a class D felony of Unlawful Use of a Weapon for allegedly exhibiting a Samurai sword in an angry and threatening manner in his front yard at two passers-by. At the preliminary hearing, attorney Muhlenkamp was able to convince the complaining witness that the Defendant, in fact, never threatened anyone with the sword or said an angry word, but rather was simply defending himself against the two passers-by who shot a gun at him. The hearing lasted approximately 20 minutes, after which the Court dismissed the case.
St. Louis County Man Continued on Felony Probation Despite New Felony Drug Charge
A St. Louis County man was on felony probation for Possession of a Controlled Substance. While on probation, the man was convicted of Transportation of 16 Pounds of Marijuana in another state. Despite picking up this new case, attorney Tony Muhlenkamp kept the man out of jail and got his probation continued.
Hearing Impaired Man Wins Administrative DWI Hearing
A Lincoln County man was facing loss of his driving privileges for having a blood alcohol content over the legal limit. The man had a hearing impairment and therefore spoke in a very distinct tone which, to the ordinary person, made him sound like he had been drinking alcohol.
At the hearing for his driver license revocation, Mr. Muhlenkamp walked the man through his lifelong condition and highlighted that law enforcement never bothered to ask him if he understood the questions or whether he had any physical impairments. The driver testified that he could not understand the officer because she spoke very quickly and did not maintain constant eye contact with him when she spoke. This was necessary for the man to understand her, as he had to read lips.
After a full hearing on the matter, the Court agreed that there was no probable cause to believe the man was driving while intoxicated based on the details Mr. Muhlenkamp presented. The Court reinstated the man’s driving privileges immediately.
Property Damage Charge Dismissed
Misdemeanor property damage charges were filed against a City of St. Louis man for breaking down the door to his own house. Mr. Muhlenkamp aggressively filed legal pretrial motions on his behalf and convinced the Court that no crime was actually committed. Although he had moved out of the home, the Defendant had continued to pay half of the mortgage. Persuaded by Mr. Muhlenkamp’s legal argument, the State dismissed the charges before trial.
Statutory Sodomy and Child Pornography Charges Dismissed
A Franklin County man was facing up to life in prison for allegedly sodomizing his stepdaughter. The police also found alleged child pornography on his home computer.
Mr. Muhlenkamp conducted a thorough deposition of the alleged victim. After pointing out several major inconsistencies in her story, she admitted that she made the entire allegation up.
As for the child pornography charges, the lead detective admitted that there was no real evidence that the Defendant knowingly possessed it as it was on a shared computer with many users, not password protected, and all found on “unallocated free space” in which the State could not state with precision when it was downloaded to the computer.
Child Pornography Charges Dismissed
A Lincoln County man was charged with several counts of felony possession of child pornography. His ex-wife discovered the images on his computer and called the police. When confronted with the allegations, he told the police that he had no idea what they were talking about and that he had never seen the images they were describing.
Mr. Muhlenkamp deposed the State’s “expert” witness. The witness was not able to tell when the images were downloaded or whether they were even viewed at all. Mr. Muhlenkamp retained his own expert to review the evidence in the case and he prepared a thorough report that was then turned over to the prosecuting attorney.
Mr. Muhlenkamp was able to show that the Defendant had never viewed the images, let alone “knowingly possessed” any of them. Rather, someone had simply sent him images that he never saw. After Mr. Muhlenkamp presented the State with this information, they dismissed all of the charges against the Defendant.
Stealing a Motor Vehicle Charges Dismissed
The tow truck driver at a repossession company was charged with stealing a motor vehicle in the City of St. Louis. The young man had no criminal history whatsoever and was simply following his boss’s instructions.
Mr. Muhlenkamp subpoenaed car payment records from the alleged victim’s finance company and quickly discovered that she was in fact several months behind in her payments and, in fact, no crime had ever been committed. Instead, the young man was charged with a felony for simply doing his job. The State, when confronted with the business records and argument, agreed to dismiss the case immediately.
Felony Stealing Charges Dismissed Before Trial
Felony stealing charges were filed against a man in the City of St. Louis for “stealing” several thousand dollars worth of goods from an auction without paying for them. The entire charge was simply a misunderstood business transaction, highlighted by extremely sloppy paperwork and follow up by the auctioneer.
Mr. Muhlenkamp filed numerous discovery motions in the case and was able to show Circuit Attorney that the felony stealing charges were going nowhere. Subsequently, the State dismissed the case completely.
Felony Sex Offense Amended to Non-Registerable Misdemeanor
A man from California was charged with a felony sex offense against a child for exposing himself on the internet to an undercover officer here in St. Louis. He was extradited to Missouri and faced a possible felony conviction, prison time, and lifetime sex offender registration.
Mr. Muhlenkamp deposed the undercover police officer that posed as the “child” and was able to prove that the picture used in the investigation was not actually a child. In fact, the police had no idea how old the person in the picture was and they were not able to provide any verification of the age of the alleged “child” at all. In light of the weaknesses Mr. Muhlenkamp exposed, the State agreed to amend the charge to a non-registerable misdemeanor. The potential felony conviction, prison time, and lifetime sex offender registration were taken off the table entirely.
Felony Sex Charges Amended to Simple, Non Registerable Misdemeanor Assault
A Jefferson County man was facing up to four years in prison and lifetime sex offender registration for allegedly attempting to molest his stepdaughter. Mr. Muhlenkamp cross-examined the alleged victim at the preliminary hearing and took her deposition in preparation for trial. He was able to point out a number of inconsistencies in what she said happened. He also highlighted that her entire story was unreasonable and defied common sense.
On the morning of trial, the State agreed to dismiss the felony sex offense and instead offered the Defendant a non-sex misdemeanor assault. He no longer had to worry about a potential felony conviction or lifetime sex offender registration.
Man High on PCP Acquitted of Child Molestation Charges
A man was charged with eight counts of molesting and assaulting a group of middle school children in the City of St. Louis. He was facing up to fifteen years in prison and lifetime sex offender registration if convicted of the molestation charges.
This was a very unique case. The Defendant was high on PCP and ran through a group of young females outside of a middle school, touching all of them in front of a large number of witnesses. The Defendant did not remember the incident at all. However, there were numerous witnesses, including parents and security guards, that all testified consistently that he touched all of the children in different ways.
The defense was not allowed to argue, due to the voluntary use and intoxication of PCP, that the man did not know what he was doing. However, the defense was still able to get the evidence in at trial with a seldom used exception to the voluntary intoxication rule. Mr. Muhlenkamp told the jury to focus on the defendant’s specific conduct and apply the law properly. He asked the jury to consider whether the Defendant’s conduct amounted to simple assault or child molestation that triggered sex offender registration.
The jury agreed that this conduct only rose to the level of a misdemeanor assault. The Defendant was subsequently convicted of non-sex misdemeanors and received time served on all counts. All of the verdicts on the sex offenses were not guilty.
Murder Conviction and Life Sentence Vacated
A St. Louis County man was convicted of murder in the 1st degree and sentenced to serve a mandatory sentence of life without probation or parole. Ms. Bernsen became involved after the man had been sent to the Department of Corrections and his sentence had already been affirmed on appeal. Ms. Bernsen represented him on his Petition for Post-Conviction Relief and highlighted to the trial court several unconstitutional aspects of his trial. She was able to get his murder 1st conviction and sentence vacated and get him a second chance at life.
Less than One Hour Not Guilty Verdict
A Jefferson County man was facing statutory sodomy charges in the City of St. Louis, which carried a ten-year minimum sentence and mandatory sex offender registration if convicted at trial. Mr. Muhlenkamp handled the case in the City of St. Louis Circuit Court. After several depositions and a thorough investigation of the false allegations, he convinced the jury to return a not guilty verdict in less than an hour.