Archive

Case Results

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.

State v. A.S., April, 2018

Charges: 3rd Degree DWI - Gross Misdemeanor

Resolution: Plea to an amended count of 4th Degree DWI. Client blew a .20. Minneapolis City Attorney refused to offer anything less than a plea to the 3rd Degree as charged, while asking for a significant amount of STS to serve. Seeing not much of a benefit to taking this deal, Mr. Gempeler pushed the case to a jury trial date, at which the offer improved dramatically to this misdemeanor result. For a first-time offender and an individual that took all the right steps following the incident, this was the just result and one that we fought for all the way to trial.

State v. R.B., March, 2018

Charges: Misdemeanor Domestic Assault

Resolution: Stay of adjudication to an amended count of disorderly conduct. The State initially asked for a plea to the domestic assault as charged. After following North Star's advice on how to be proactive in addressing potential chemical dependency and mental health issues, the client sought regular counseling that demonstrated to the prosecutor and the Court that he was worthy of a second chance. The client pled guilty with no assurances to the stay of adjudication. But, after taking the proper proactive steps, Mr. Gempeler was able to make the persuasive argument at sentencing to get the critical stay of adjudication the client needed to keep his record clean.

State v. R.B., March, 2018

Charges: Domestic assault - Misdemeanor

Resolution: Stay of adjudication to an amended charge of disorderly conduct. The State was initially seeking a plea and long-term conviction. But, through a smart proactive approach to treatment and counseling, the State believed in the client's future and want to keep his record clean. The result is moving the State off its once firm offer to an outcome that was exactly what we set out to accomplish. The client is thrilled for the opportunity to earn a clean record.

State v. J.F., March, 2018

Charges: 3rd Degree DWI - Gross Misdemeanor (Client blew a .29)

Resolution: Plea to an amended count of 4th Degree DWI as a misdemeanor(!!!). Not only that, the client entered a Norgaard plea based upon the fact that she could not recall the incident. Still, with a .29 reading and a history of prior offenses outside of 10 years, Mr. Gempeler utilized the proper approach when negotiating with the prosecutor to obtain this truly unthinkable outcome. The client's proactive approach - meaning, inpatient, outpatient, and after care to address both chemical dependency and mental health issues - affording our team the ability to negotiate this result. It goes to show that even with the deck stacked against you, North Star can achieve incredible results.

State v. J.T., March, 2018

Charges: 4th Degree DWI - Misdemeanor

Resolution: Plea to an amended count of Reckless Driving. This is a remarkable result considering the client blew a .12 and was involved in a serious single-car accident that left the car resting on its side. Mr. Gempeler leveraged two legal issues relating to the legality of the PBT and probable cause for the arrest into this terrific result. The sentence did not include any jail or community work service, and the fine was minimal. Another great result even though bad facts made it seem unlikely to achieve such a result.

State v. M.W., February, 2018

Charges: False Information to Police - Misdemeanor

Resolution: Stay of adjudication. The City initially wanted a plea to the sole count of false info to police. This is common for this type of charge. But, the attorneys at North Star leveraged their strong relationship with the prosecuting attorneys and a sound negotiation strategy to land this needful result for a teacher. As a result of this outcome, the client will maintain a clear record.

State v. A.S., February, 2018

Charges: Indecent Exposure and Disorderly Conduct - Misdemeanors

Resolution: Stay of Adjudication to the Disorderly Conduct charge and the Indecent Exposure charge was dismissed. For a client employed in the financial world that requires state licensures, avoiding any plea or record relating to the indecent exposure was critical. The State's initial offer was a plea. Heeding Mr. Gempeler's suggestion, the client prepared two letters of apology that proved crucial in negotiating such a terrific outcome for a deserving client. It is this type of creativity in negotiations that allows the North Star team to consistently get the right results for our clients.

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