State v. D.T.

April, 2024
Charges: 3rd Degree DWI-Refusal - Gross Misdemeanor; 4th Degree DWI - Misdemeanor

Plea to an amended count of careless driving as a misdemeanor. No jail or community service, a minimal fine, and only one year of probation with easy conditions to follow. The deal was so good, in fact, that the Judge was questioning the prosecutor about how they were willing to offer a Careless on a Gross Misdemeanor DWI-Refusal. The Judge commented that he understood an agreement to a misdemeanor DWI, but to get a Careless was a bit shocking, to say the least. This is the type of outcome that isn't so atypical when the North Star team is involved. Getting so good of outcomes that it even surprised the Court.

State v. J.W.

April, 2024
Charges: 3rd Degree DWI - Gross Misdemeanor (two charges)

Plea to a misdemeanor 4th degree DWI. On top of getting this in line with a true first-time DWI as far as the misdemeanor conviction, the sentence included no jail, credit for all of the proactive steps taken, a minimum fine, and even probation to the court. All in all - a great outcome for a client that owned up to his mistakes and worked hard to put it in his past. This outcome should ensure it has little impact on him as he moves forward.

Types of Charge(s): DWI Case Results, Gross Misdemeanor

State v. T.K.

April, 2024
Charges: Threats of Violence - Felony

Plea, but an agreement to a dispositional departure, resulting in a gross misdemeanor conviction with no jail to serve and a minimum fine. The client was alleged to have waved a gun (turned out to be a BB gun) at another driver in a road rage incident. Complicating matters, he was no probation for a felony drug case. Despite these challenging facts, Mr. Gempeler worked hard on the prosecutor, stressing the client's efforts at sobriety, to achieve this incredible outcome. The Judge praised the client for his efforts, but understood it is a journey and gave him every opportunity to succeed moving forward. All because of the hard work the North Star team put into the case to achieve such a fantastic outcome.

State v. A.B.

April, 2024
Charges: Felony Domestic Assault by Strangulation; Misdemeanor domestic assault

Plea to an amended count of fifth degree assault (non-domestic in name). What's more, the sentence included no time to serve, a minimal fine, and otherwise simple terms and conditions of probation for only one year. Considering the client's child witnessed the alleged strangulation, obtaining this non-felony, non-custody outcome is incredible. The client did everything asked of Mr. Gempeler following the incident - obtaining a chemical dependency assessment, achieved provable sobriety, and complied with his alcohol monitoring. The client's wife - the victim - remained supportive and helped explain the critical impact alcohol had in the overall situation. And after everything, the client is able to move forward with his life in the best position possible following such a regrettable mistake.

State v. J.B.

March, 2024
Charges: 3rd Degree DWI - Gross Misdemeanor - Two Counts

Plea to an amended count of misdemeanor fourth-degree DWI, with no time to serve and unsupervised probation to follow completing the recommended DWI class and MADD panel. This is a great result, considering there were no defenses and the client blew a .199. Despite this, Mr. Gempeler relied on strategic negotiations and a strong working relationship with the prosecutor to get an outcome commiserate with a first-time DWI and no extra punishment for poor driving and such a high reading. The client is happy to put this behind and move forward in a much better position.

Types of Charge(s): DWI Case Results, Gross Misdemeanor

State v. B.R.

March, 2024
Charges: 3rd Degree DWI-Refusal (Gross Misdemeanor); 4th Degree DWI (Misdemeanor); Carrying While Under the Influence (Gross Misdemeanor); Carrying without a Valid Permit (Misdemeanor)

Plea to count 2, a misdemeanor DWI with no jail or community service to serve, and a minimal fine. The client was in a single vehicle accident, was underage, and had a handgun with an extended magazine in the vehicle (not to mention marijuana (legal)). Needless to say, a lot of bad facts and there was no legal defense. Nonetheless, Mr. Gempeler leaned on his great relationship with the prosecutor and utilize a strategic negotiation approach to achieve this incredible result.

Types of Charge(s): DWI Case Results, Gross Misdemeanor

State v. P.L.

February, 2024
Charges: Gross Misdemeanor Shoplifting

Stay of Adjudication. Client was charged with stealing merchandise from a local Target several times over the course of a couple of weeks. And the State had surveillance video showing the theft acts from beginning to end - i.e. there were no defenses to the charge. Still, Mr. Gempeler emphasized the client's overall good record, remorse, accountability, and need to avoid creating a record that will hold him back going forward. The State understood and agreed to the second chance afforded by this fantastic result.

State v. R.E.G.

February, 2024
Charges: 5th Degree Assault - Misdemeanor

Stay of adjudication with minimal terms of probation above and beyond what the client is already doing. This was a rather non-descript case - an assault caused by severe impairment. The client did the right things after in getting an assessment and cutting out alcohol. Still, the County Attorney took the case much more serious, demanding a conviction and possible time to be served initially. Undeterred, Mr. Gempeler pushed back, even had the case set for trial, and continued pressing on the prosecutor to get the appropriate and just outcome. Finally, after these strategic efforts and dogged negotiations, the client got the right deal and is happy to be able to move forward without this drunken night further impacting him.

Types of Charge(s): Assault Case Results, Misdemeanor

State v. L.M.

February, 2024
Charges: Possession of a Firearm by an Ineligible Person - Gross Misdemeanor

Case dismissed after legal arguments. The State tried to fit a square peg in a round hole with a "creative" charge that truly lacked facts and merit. Essentially, the client was charged as being a felon in possession, even though he was never convicted of a felony. The State, instead, asserted that a felony charge was sufficient to deem someone ineligible when the person received a gross misdemeanor sentence/conviction to said felony charge. The problem - the criminal statute required a felony conviction, which the client never had, by law. Mr. Gempeler and the North Star team raised a probable cause challenge. After a motion hearing in which the State made brief oral arguments, Mr. Gempeler submitted a lengthy brief arguing that there is no law that authorizes this charge. The City of Minneapolis immediately asked for a continuance to further assess its position and even brought in its in-house appellate team to research the arguments. After taking additional time, the City relented and dismissed, admitting defeat.

Types of Charge(s): Gross Misdemeanor

State v. A.C.

January, 2024
Charges: Reckless Driving, Careless Driving, and Speeding

Stay of adjudication to the careless driving charge and the remaining two are dismissed. Client was alleged to be going 90 mph, weaving in and out of traffic, tailgating, etc. The video did not show the full scope of this driving conduct due to how far back the squad vehicle was. And the client explained he was trying to get home to a sick wife. Without any legal defense, the North Star team were able to negotiate an outcome that results in no conviction, which is fantastic and frankly a bit unexpected given the 90 mph alleged speed. Typically, the prosecutor would want at least the speeding ticket as a conviction, but we successfully avoided even that.