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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)
Resolution:
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.
State v. P.L.
February, 2024
Charges: Gross Misdemeanor Shoplifting
Resolution:
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
Resolution:
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.
State v. L.M.
February, 2024
Charges: Possession of a Firearm by an Ineligible Person - Gross Misdemeanor
Resolution:
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
Resolution:
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.
State v. S.E.
January, 2024
Charges: Careless Driving - Misdemeanor
Resolution:
Plea to an amended count of improper passing as a petty misdemeanor (a non-crime). Client passed a vehicle in his lane on a county road, causing the vehicle approaching in the other to pull over onto the shoulder. When pulled over, he was detected of having alcohol in his system and even blew a .08 in the PBT on the side of the road. Luckily, the cop didn't arrest him for a DWI, but instead issued a justified careless driving citation. With trial approaching, Mr. Gempeler pushed back on the prosecutor, explaining the lack of a DWI charge makes this all about driving conduct and that there were issues with the careless driving at trial. While it was a coin-flip, at best for the defense, the persistence paid off with a plea to a driving infraction, non-crime. This outcome avoiding creating a criminal record and assure the client he would not face employment consequences for a job that requires a good driving record. In all, the North Star team successfully pushed back on a DWI/Careless Driving and obtained a traffic ticket outcome.
State v. E.N.
January, 2024
Charges: 3rd Degree DWI-Refusal - Gross misdemeanor; 4th Degree DWI - Misdemeanor
Resolution:
Plea to an amended count of Careless Driving. To make this outcome even more incredible, the client is placed in administrative, unsupervised probation for one-year and only has to stay good for the year and pay a minimal fine. No jail; no community service; no punitive punishment. The client had no defense for the case. But, the North Star team utilized the client's impressive proactive steps, the lack of available evidence that should have been preserved, and its good relationship with the prosecutor to get such an incredible and unlikely outcome strictly through negotiations. The client was shocked that we were able to achieve what seemed like the longest of long shot outcomes. But that's what we do.
State v. S.N.
January, 2024
Charges: Careless Driving - Misdemeanor; Speeding in Excess of 100 mph - Petty Misdemeanor
Resolution:
Case dismissed on the day of the court trial. The client was alleged to have committed a serious traffic offense due to his excessive speed. At the pre-trial, the North Star team successfully negotiated with the prosecutor in convincing them that this was not a careless driving case simply due to the excessive speed. And despite all of the North Star team's efforts to negotiate prior to trial, the State was unrelenting in moving off of the excessive speed charge, which would result in a six-month revocation. Ready for trial, the North Star team pushed and the State had to dismiss the case due to witness problems.
State v. J.S.
January, 2024
Charges: 2nd Degree DWI - Gross Misdemeanor
Resolution:
Plea to an amended misdemeanor count of 4th degree DWI with no jail to serve and only a minimal fine. The client had two aggravating factors bringing the charges of 2nd Degree DWI: a high reading and a prior within 10 years. Usually when this happens, obtaining a non-GM DWI is almost always out of the question. The North Star team was diligent in its review of the facts and raised a critical legal issue that led to the State's agreement to our assessment, resulting in the DWI test being tossed out as evidence. There was plenty of evidence left to convict the client, so entering a plea was necessary. Still, the North Star team strategically negotiated with a stronger position and obtained this incredible result of a misdemeanor, no-jail outcome for the client. He was thrilled to get this offer and be able to move forward successfully after his mistake.
State v. A.Y.
December, 2023
Charges: Nonconsensual Dissemination of Private Sexual Images - Felony
Resolution:
Stay of Imposition, no jail to serve, minimum fine, which results in a misdemeanor conviction upon the client's successful completion of probation. The client was struggling through alcoholism and mental health issues after a breakup with a long-term girlfriend. He sent private videos of them to third-parties, including her family. Needless to say, a terrible decision and one that impacted her beyond just the embarrassment. Realizing the depths he was sinking due to his alcoholism and mental health issues, he started on a path toward recovery. And by the time sentencing arrived, he was sober, heavily involved in the AA community, including being in leadership positions, was accountable and demonstrably remorseful of his actions, and truly just a changed man. Because of these positive and noticeable actions, the North Star team was able to convince a tough, strict judge into imposing a non-jail sentence and the stay of imposition outcome. The client never imagined getting this good of outcome and driven to reward those who are trusting him with such a sentence.
Types of Charge(s): Sex Crimes