Case Results

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.

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.

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.

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.

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.

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.

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.

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.