Archive

Case Results

State v. S.M., June, 2018

Charges: Felony 4th Degree Assault (of an Officer) and Gross Misdemeanor Obstruction of Legal Process

Resolution: Stay of adjudication to the assault charge. Offenses involving harming an officer and disobeying their commands are often difficult to resolve in a favorable manner. Almost always, the prosecutor will want a permanent conviction. Yet, Mr. Gempeler was able to get a stay of adjudication, which means the client will not have a conviction following her successful completion of probation. Another terrific result - and this was in a county in which Mr. Gempeler had yet to practice in, proving that our approach works across the State.

State v. S.B., June, 2018

Charges: Fourth Degree DWI - Controlled Substance

Resolution: Plea to an amended count of careless driving. The sentence was consistent with a standard first-time DWI offense - meaning, no jail or community service, minimal fine, and complete the DWI one-day program and MADD victim impact panel. Point being, the client didn't have to earn the careless driving with a more serious punishment. And, most importantly, because this was a controlled substance DWI, the client's license was never revoked. Achieving a non-DWI outcome in such an instance is rare because prosecutors care deeply about getting a record to enhance any future DWI's. After following the guidance of Mr. Gempeler, the client took the proactive steps necessary and provided the information about his studies and future career that were leveraged to get this incredible result.

State v. M.J., June, 2018

Charges: Gross misdemeanor domestic assault with a firearm and a misdemeanor domestic assault

Resolution: Stay of adjudication to a misdemeanor domestic assault. For a registered nurse, avoiding a permanent record permitted the client to keep her nursing license and preserve her good record. Such an outcome was hard to come by with a prosecutor that was dead-set on getting a conviction. After lengthy negotiations and setting the case on for trial, the North Star team finally obtained the appropriate outcome for a deserving client. It's this diligence and willingness to fight that led to this fantastic outcome.

State v. K.B., May, 2018

Charges: Felony Fleeing and Gross Misdemeanor DWI (with an elevated reading)

Resolution: Plea to the gross misdemeanor DWI and the felony fleeing charge was dismissed. Additionally, the vehicle was returned to the client, instead of being forfeited due to the second degree conviction. So, after all is said and done, the felony count is dismissed, the vehicle is returned, and the client faces a standard second-time DWI sentence. With such an expensive vehicle possibly being forfeited and the additional felony count, such an outcome is truly remarkable. The client was expecting far worse in a smaller community in which he knows there have been worse consequences. Despite this being the first trip to a northern county for North Star, our professional approach quickly gained the trust of the County attorney and led to this great outcome. Some worry that hiring a "big city" attorney for a case outside of the metro can work against you. That's not the case with our attorneys because we know how to establish the rapport with the prosecutor quickly and fight the case in the appropriate manner. Our clients get fantastic results, everywhere.

State v. S.O., April, 2018

Charges: Theft and Theft by Swindle - Gross Misdemeanors

Resolution: Stay of Adjudication to the theft count and the theft by swindle count was dismissed. The case involved a concerted effort between our client and a colleague who stole merchandise from a retail store they worked at. Any workplace theft is a serious crime that prosecutors are want to give any sort of meaningful deal, let alone one that would keep a conviction off the defendant's record. Due to the great relationship North Star has developed with the City over the years and the proper approach, the client is afforded the opportunity to keep her record clean and her future bright.

State v. V.X., April, 2018

Charges: 2nd Degree DWI - Gross Misdemeanor

Resolution: Plea to a 3rd Degree DWI. The initial offer from the State was for 45 days to be served in custody - a truly terrible offer for a second-time offender. Through North Star's strategic approach, the client was afforded an opportunity to plead to a 3rd Degree, with no jail to be served. Importantly, the plea to a 3rd Degree now positions the client to seek the return of her vehicle that was pending forfeiture on the conviction to a 2nd Degree. This last part was the primary goal of the client. Another client more than satisfied with our diligent and aggressive defense.

State v. J.P., April, 2018

Charges: 3rd Degree DWI - Gross Misdemeanor

Resolution: Acquitted of the driving under the influence count after a jury trial. Convicted of the .08 or more count. Due to the loss of license that would result from any conviction, the client was forced to take this case to trial, despite not have much of a legal defense. Still, Mr. Gempeler crafted a creative argument and defense to beat one of the counts. This proved crucial when arguing sentencing. The State sought jail time and house arrest, consistent with the statutory minimums. Armed with the acquittal, Mr. Gempeler successfully argued for no jail and only house arrest, plus a shorter probationary period. Even when you lose at trial, you can win in the long run with a sentence better than what the State was offering.

State v. T.L., April, 2018

Charges: 1st Degree Arson - Felony, Mandatory Prison Commitment

Resolution: Stay of Imposition to an amended count of 3rd Degree Arson. In addition to getting a stay of imposition in which the client's criminal record will be a misdemeanor after successful completion of probation, the State also agreed not to charge an additional felony count. The client has half the time in jail the State was requesting and minimal conditions for her to follow in order to earn that misdemeanor record. For a single mother with a bright future, the client was thrilled to avoid prison and a felony record.

State v. M.H., April, 2018

Charges: 4th Degree DWI - Misdemeanor

Resolution: Plea to amended count of Careless Driving. Client received no jail time or even community work service to be completed. The fine was only $100 and the client only needs to complete the standard conditions while on one-year probation. With no meaningful defense to the charge, obtaining this incredible outcome to a non-DWI offense is exactly what the client deserved and needed to avoid this impacting her bright future.

State v. L.B., April, 2018

Charges: Felony domestic strangulation; Gross Misdemeanor Child Neglect; two Misdemeanor Domestic Assaults - Crow Wing County

Resolution: Dismissed. County attorney dismissed the case prior to a contested hearing challenging probable cause on one count. Mr. Gempeler, after thorough investigation into the facts and discussing strategy with the client, developed an alibi defense that was provided to the County Attorney prior to the hearing. After considering this evidence, alongside the allegations of the complaining party, the County Attorney determined made the right decision and dismissed the entire case. Obtaining a dismissal at such an early stage is rare because prosecuting attorneys want to assume their cases are worthy of a jury's consideration - even when they know they don't have strong cases. Mr. Gempeler's thoughtful and respectful approach was key to earning this outcome and getting the prosecutor on his side when making the decision to dismiss the case.

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