Hertzog pleads guilty; is expected to serve jail

BUFFALO, MN — During courtoom proceedings Monday (June 1), Bert Hertzog of Winsted pleaded guilty to charges relating to falsifying inspection stickers, as well as an unrelated traffic vehicle registration citation.

Hertzog admitted in court that during a period of time from 2005 to 2007, he issued inspection stickers for trucks, despite knowing that they were not legitimate.

This will basically result in 10 days of jail time, and a fine, commented Wright County Assistant Attorney Brian Lutes. Hertzog’s actual sentencing date has yet to take place, but the state has insisted that some jail time be served. It is possible that Hertzog could be sentenced community service.

Hertzog was initially charged with two felonies — theft-by-swindle and aggravated forgery. This was changed to lesser charges of a gross misdemeanor of falsely making inspection decals, and two misdemeanors of not having an inspector’s certification and not being certified as an inspector. The traffic vehicle registration took place independently of the other offenses.

The charge of falsely making inspection decals was actually passed into law last year, — “perhaps even because of this case,” Lutes said. This law didn’t exist at the time that Hertzog committed the offenses.

Therefore, during courtroom proceedings, Hertzog and his attorney Thomas Shiah of Minneapolis, asked Judge Michele Davis to waive the “ex post facto” portion of the law and make a plea agreement under the new law, since it was a lesser charge and carried less intensive penalties.

Lutes noted that the new law fits Hertzog’s case perfectly, since the other felony charges were more geared toward people who fake social security cards and the like, which are considered more serious.

If the case had followed its previous course, Hertzog was scheduled for a jury trial, as well as an omnibus hearing for the vehicle registration portion. Hertzog acknowledged that he will not be able to appeal the decision in court that day, and it was announced in court by both parties that this will be end of the legal issues for this matter, which has dragged on for nearly two years.

Hertzog’s sentencing hearing is scheduled for 10 a.m. Friday, June 26. The charge of making false inspection decals carries a penalty of a fine up to $3,000. The motor registration offense and the failure to be properly certified as an inspector both carry a penalty of 90 days in jail and/or $1,000 fine. It is possible the judge may suspend portions of this, but this will not be known until he is actually sentenced.

Other Hertzog stories:
Bert Hertzog case continued until June 1 (Feb. 24, 2008), click here.
Jury trial set for Bert Hertzog March 2 (Sept. 17, 2008), click here.
Pretrial hearing set for Bert Hertzog (Aug. 5, 2008), click here.
Hertzog’s court case bumped/more details on alleged ‘escaping’ tax charge (Aug. 4, 08), click here.
Bert Hertzog charged with attempting to ‘escape’ taxation (June 27, 08) , click here.
Hertzog’s attorney challenges search warrant (April 29, 08), click here.
Bert Hertzog hires ‘Super Lawyer’ (March 17, 08), click here.
Hertzog to challenge search warrant (Feb. 08), click here.
Winsted man faces charges of giving false inspections (July 2007), click here.
WCCO’s report of the initial charges (July 2007), click here.