Mark D. Kelly Criminal Defense

08/13/2026

The Minnesota Court of Appeals has reversed the drug convictions of a client represented by Mark D. Kelly.

The case involved a warrantless vehicle search after a sheriff's deputy smelled ma*****na and observed a burnt ma*****na "roach" in the vehicle. The search resulted in the discovery of additional controlled substances and ultimately led to the client's convictions.

Mark appealed the district court's decision allowing the evidence obtained during the search, arguing that law enforcement did not have probable cause to search the vehicle without a warrant.

The Court of Appeals agreed.

The Court ruled that, under the circumstances, the odor of ma*****na and the presence of the roach were not enough to establish probable cause for the search. Because the evidence should have been suppressed, the Court reversed the client's convictions.

State v. Russell, Minnesota Court of Appeals, August 10, 2026.

Mark Kelly credits his Client for enduring a lengthy battle to defend the constitutional rights of every citizen. But for our Client's perseverance, we do not prevail.

07/30/2026

Sawyer Shepard: Law School Graduation and New Associate

07/22/2026

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🏆 We are honored to have been recognized as the 2026 Star Tribune Readers' Choice Silver – Best Criminal Defense Lawyer.

Thank you to our clients, colleagues, and referral sources who have placed their confidence in our firm over the years. We are grateful for your support and remain committed to providing experienced, dedicated criminal defense representation throughout Minnesota.

Visit our website to learn more about our firm.

05/24/2026

ALL GAVE SOME, SOME GAVE ALL 🇺🇸
I have spent thirty-eight years representing veterans who were forever changed by thier tours of duty.
Service related mental illnesses are commonplace. PTSD, Anxiety Disorder, and Substance Abuse.
I have witnessed, and applaud, the evolution of how we treat service members who come before the bench. 35 years ago, i was largely on my own, begging for a measured response from the prosecutor and the judge. Sometimes to no avail.
But the development of veterans courts and now Minnesota Statute 609.1056 have mandated programming over incarceration when sentencing any misdemeanor and most felonies when the offense is proven to be related a service connected mental illness.
Supporting our Troops means Defending our Defenders.
Know that all who served in a combat zone gave a piece of themselves for our Country.
Happy Memorial Day

05/02/2026

Bail Hearing Paints Different Picture Than Initial Reports of Aitkin Couny Infant Death -
This story has just begun.
My client hired me when her bail was set at $600k. My legal team and i were succesful in reversing the false narrative presented by the police of a Mother's actions before and after the tragic death of her baby boy. Her bail was reduced to $75k and her family was able to secure her release from jail.
THIS SHOULD NEVER HAPPEN.
Truth matters. Facts matter.
My client was, in the wake of her loss, further victimized by law enforcement. The judge has found that the court was misled by the police.
This is far from over.

A field test that showed a presence of "heronie" in the child's bottle was a false positive

04/13/2026

LEGAL VICTORY
State of Minnesota v. KTS, Hennepin County, FELONY CHARGES
DISMISSED.

The District Court Judge held that the warrantless search of my Client during a routine traffic stop violated my Client's Constitutional Rights, Article 1, Section 10, as well as his 4th Amendment Constitutional Rights. Police Officer's search of Defendant's cargo pants pockets exceeded the permissible scope of a "pat frisk", in violation of Terry v. Ohio.
The Hennepin County District Court ruled that the items found in Defendant's pants pockets were not immediately apparent as evidence of illegal activity or a weapon (necessary to justify removing the items from the pants pocket).
The ruling was particularly satisfying given the presiding Judge's reputation in denying defense motions to suppress evidence.

04/13/2026

LEGAL VICTORY:
TMD v Commissioner of Public Safety, Anoka County
ORDER RESCINDING REVOCATION OF DRIVING PRIVILEGES

The District Court Judge found that the arresting Police Officer did not have probable cause to believe my Client was driving while intoxicated. Therefore, the Officer lacked legal authority to invoke the implied consent advisory and ordered that my Client's driving privileges be reinstated.

02/27/2026

Mark D. Kelly Nominated for Minnesota's Best Defense Attorney, Readers' Choice (Star Tribune). Thank you for your support!

10/26/2025

"Made for TV Movie" a true story.
My client was a single Mother of two young boys. She gets a "target letter" from a US Attorney.
She is told her name is on a "drug ledger" of a Mexican cartel, evidencing that she had received shipments dozens of Pounds of m**h and coke.
My client has a former friend and co-worker who is now involved in the drug business, but my client broke ties as soon as that got started a few years ago.
My client swears that she has nothing to do with drugs, but the Feds accuse my client of lying, and threaten that she will soon be indicted.

My client has a fiance' to whom she has sworn her innocence. Several months pass as my client lives in fear that she could be arrested at any moment.

On a Sunday morning, I receive an e mail from the AUSA.... "we have determined that the informant who gave us the drug ledger falsified entries in the ledger to wrongly implicate your client".... "we have therefore charged our informant with obstruction of Justice... will your client agree to testify at trial"?

HUH???!!!

I call my client who is stunned in silence... she says "I can't believe you are calling me on this particular Sunday... I am out of state with my family, I'm getting married tomorrow! This means I get to tell my fiance' (who always believed in me) that my innocence has been proven".

The informant inserted my clients name into an actual "drug ledger" and gave it to the Feds. According to prosecutors, the informant did this only out of jealously and viciousness... and only did this to my client.

Two young boys almost lost their mom, and tomorrow, in Fargo ND, a psychopath will be sentenced.

Questions:

How much time should a lying informant get?

What should be the title of the movie?