Archive

Case Results

State v. T.S., May, 2017

Charges: 4th Degree DWI - Misdemeanor

Resolution: Plea to Failing to Drive with Due Care. This is a prime example of how Mr. Gempeler is undeterred in seeking extraordinary results on routine cases. Client's alcohol reading was .08. Immediately and predictably, the city's offer was a careless driving, with an opportunity to fight the license revocation. Most attorneys grab this at the first hearing, sell their clients on this incredible outcome, and make a lot of money quickly and easily. We try harder, though. Utilizing what leverage existed from some legal issues, Mr. Gempeler artfully negotiated the failing to drive with due care plea. It pays to ensure you get the right team that will fight for the best possible outcome.

State v. N.H., May, 2017

Charges: 3rd Degree DWI - Gross Misdemeanor

Resolution: Plea to an amended charge of 4th Degree DWI - Misdemeanor. This was a first-time offense, with an elevated reading of .20. The City's policy of departing to a misdemeanor DWI on these types of cases is .18 - meaning, we had no business getting this agreement, per "policy". But, the team at North Star understands policy can be overcome with the proper approach. Client was thrilled at the opportunity to get this misdemeanor result.

State v. D.S., May, 2017

Charges: 3rd Degree DWI - Gross Misdemeanor

Resolution: Plea to a Misdemeanor 4th Degree DWI. Client was charged with a 3rd Degree DWI because of a prior offense. Still, Mr. Gempeler was not deterred in fighting for and ultimately obtaining a plea agreement to a 4th Degree misdemeanor DWI. Such an outcome is almost unheard of. But it was earned after the correct counseling of a thoughtful client and a deft touch during negotiations. For a veteran, this was an absolutely critical outcome for his future.

State v. J.J., May, 2017

Charges: 2nd Degree DWI

Resolution: Stay of Imposition to 3rd Degree DWI, meaning this will be a misdemeanor upon completion of probation. Client blew almost three-times the legal limit and was charged with assaulting the officer. Still, due in part to the client's proactive measures to seek help, Mr. Gempeler was able to not only negotiate this incredible criminal result, but also negotiated the buy-back of the vehicle - a critical result for the client.

State v. M.K.L., April, 2017

Charges: Shoplifting - Misdemeanor

Resolution: Continuance for dismissal. The City Attorney took a firm stance on the offer being a stay of adjudication - a great result that the client would have been pleased with. But, Mr. Gempeler knew a better outcome was obtainable with the proper approach. After counseling the client about ways to be proactive in a manner that could lead to a better result, Mr. Gempeler aggressively negotiated the better result for the client - a continuance for a dismissal. For a client that must disclose her criminal record for her job, the distinction is significant in that she no longer has to state she pled guilty to the offense. The client is relieved that her mistake won't impact her future due to the aggressive approach by Mr. Gempeler.

State v. S.S.A., April, 2017

Charges: 2nd Degree DWI - Gross Misdemeanor

Resolution: Plea to 3rd Degree DWI - Gross Misdemeanor. The client had a recent prior (in fact, she's still on probation from it) and a high breath test reading. Further, she had a single-car accident that resulted in damage to public property. Her vehicle was subject to forfeiture, as well. Still, despite this bad facts, Mr. Gempeler negotiated a result that is consistent with a standard, low-reading second-time offense (which means, no further jail, minimal fine, no increase in house arrest often associated with high-reading/accident cases) and, most importantly to the client, the return of her vehicle. The client is very pleased with this result, understanding how easily it could have ended up so much worse for her without the proper counseling of North Star.

State v. (Confidential), April, 2017

Charges: Threats of Violence, Felony

Resolution: Charges out of Dakota County. Counts were reduced to Misdemeanor Assault with no jail time and only community service. All felony counts were dismissed. This result is better than it appears; it permits an active duty soldier with an impeccable record to continue his service to our country, uninterrupted. A man with five overseas tours got tied up in a road-rage incident, and made a momentary poor choice--which would almost certainly result in a felony in any other circumstances, and possible jail time, loss of firearm rights, and a host of collateral negative impact for the man. Careful negotiations and a perfect score card for commitment to therapies and thoughtful self-analysis resulted in a last-minute, career-saving result. We rarely get this much pride from our work, or this much tangible benefit to a remarkable life. Yet another case where an ill-timed decision on the client's part, to tell the truth to officers investigating a complaint, almost cost more than can be quantified. Never, never ever speak to police or prosecutors without your team, North Star Criminal Defense.

State v. F.L., April, 2017

Charges: Second Degree DWI, Gross Misdemeanor

Resolution: An extremely high PBT test and two aggravating factors out of Washington County, settled as essentially a 4th Degree DWI. The forfeiture of his motor vehicle dismissed and car returned without costs, driving privileges reinstated, and no jail time. This client was representing himself, facing a mandatory 6 months in jail, a three year revocation of his driving privileges, and the loss of his treasured vehicle. After six months of careful negotiations and strong efforts to reform himself, the client gets his car back, avoids so much as an HOUR in custody, and moves forward with his new baby and family intact. Hard to say what aspect of our work was responsible for this outcome, other than a relentless commitment to integrity-based advocacy, and carefully-managed relationships with judges, judicial staff, prosecutors and clerks. A great, great outcome.

State v. C.S., March, 2017

Charges: 5th Degree Domestic Assault, Misdemeanor

Resolution: Stay of Adjudication result out of Hennepin County. Tough facts, including damning photographic evidence, became less important than a thoroughgoing approach to counseling and reconciliation between the parties, and a thoughtful prosecutor. Remember, a victim doesn't control the charging decision any longer, if they ever truly did; even more important, the State retains full authority to take a case forward, including to trial. It takes a careful, highly experienced hand to manage a complex assault matter, even with a recanting or reluctant complaining witness/'victim,' so do NOT assume a case will be dismissed without extreme care and planning, and a lawyer from North Star.

State v. (Confidential), April, 2017

Charges: Fraud/Theft by Deception/Receiving Stolen Property, Felony

Resolution: Case out of Washington County was Continued for Dismissal/Diverson. An outstanding client gets a better result. Complex facts, unfortunately rather easy to prove as misconduct and insurance fraud, was disproven sufficiently by aggressive investigation and outstanding work by North Star support staff for the State to offer a short-term dismissal program, no guilty plea required. Client, a professional and highly concerned about his reputation in the community, can move forward with confidence and a clean sheet. One of three ideal outcomes, on the same morning in Washington County.

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