Case Results

Continuance for dismissal. This is the best possible plea negotiation absent an outright dismissal. And this was achieved because of the strategic and aggressive approach by Mr. Gempeler and the North Star team. Based upon a recent Supreme Court decision that held the odor of marijuana alone cannot justify a vehicle search, Mr. Gempeler pressed on the State to achieve this outcome. Instead of pushing the matter at a contested hearing where the Court could easily rule in favor of the State, the client took the guaranteed outcome - one in which a dismissal is earned by simply not having any same or similar incidents. Another fantastic result by the North Star team.

Plea to three amended gross misdemeanor tax counts for failing to file sales tax returns in specific quarters. The client was without an actual defense for failing to file or pay sales tax for a business he ran. Worse, he had never done so. While he didn't intend to do so because of a poor understanding of his tax obligations, convincing a jury of tax-paying citizens otherwise would be tough sledding, to say the least. Still, he could not have a felony conviction on his record or he'd be rejected from entering Canada to visit family. Through lengthy negotiations and litigation, the North Star team finally achieved a gross misdemeanor outcome for the client. On top of that, the sentence includes no jail, a minimum fine, and simply cooperating with the tax audit by the Dept. of Revenue and pay off what is owed.

Stay of adjudication. The client had retained other defense counsel, but switched to North Star after her former attorney demonstrated a lack of will and fight. Once North Star took over, we worked hard to humanize our client, explain the major consequences that could come from a conviction, and fought tooth and nail to get a new offer on the table that would permit us to argue for a stay of adjudication to the Court. The State did not agree and, in fact, argued for a stay of execution at sentencing. Despite this, Mr. Gempeler successfully convinced the Court to grant the stay of adjudication - over state objection, which rarely happens (and technically shouldn't by law) - and give the client the second chance she so deserves.

Dismissal. Client was charged with drug possession stemming from a routine traffic stop turning into a full search of his vehicle due solely to the odor of marijuana. With cannabis being legal in various forms, the mere odor of it does not permit a full vehicle search - as dictated by the Minnesota Supreme Court. On the day of the contested hearing, the State rightfully dismissed the case after it realized there was no basis to otherwise justify the search and subsequent discovery of the narcotics. Another fantastic win for the North Star team.

Successfully convinced the court - over State objection - to reopen the conviction from the speeding ticket and then negotiated - at length - to finally get the prosecutor to agree to an amended speed less than 100 mph, thereby avoiding any further revocation. The client unwittingly paid the speeding ticket, not knowing doing so led to the costly 6-month revocation for going in excess of 100 mph. So he retained Mr. Gempeler to try to re-open the case and then figure out a resolution that avoided the revocation. This is no small task, especially with a prosecutor that was proving to be less than caring and unwilling to negotiate or work with Mr. Gempeler. After getting the judge to re-open the case (no small task, in and of itself), Mr. Gempeler then had to set the matter for trial to continue negotiations. Finally, at the courthouse on the day of trial, Mr. Gempeler's persistence paid off with the client getting the outcome sought from the beginning. No matter the severity of the case, we work hard for our clients to get the just results they deserve.

Plea to an amended count of Failing to Drive with Due Care. The client had no legal defenses and blew a .10. Achieving a non-DWI with these facts is great. But, the North Star team pushed for more and didn't just settle for a Careless Driving. Instead, we focused on the client and negotiated an even better deal that will position the client in a much better position for future schooling and her career. While the difference between a Careless Driving and Failing to Drive with Due Care may not seem like much, it is still better and every little bit helps our clients long-term. So we will do everything in our power to get the best possible deal, every time.

Stay of adjudication - no conviction upon successful completion of probation. The client was accused of misappropriating prescription drugs from a nursing home she worked at. Thankfully, she responded the right way by understanding and addressing her addiction that led to this case. By doing so, the North Star team was able to obtain this fantastic outcome - one that is common for a first-time felony drug case, but can be elusive when the allegations include stealing of prescription medications from a workplace. The North Star team emphasized the client's proactive steps and leveraged our good relationships with the prosecutors to secure this needed and deserving outcome.

Plea to an amended count of Failing to Drive with Due Care. The client blew a .09, but he passed two of the three field sobriety tests, contrary to what the arresting officer reported. Without any other real defense, Mr. Gempeler leveraged the cops deceit in negotiations with the prosecutor - one who he has an excellent relationship with - and was able to achieve this incredible outcome. Typically, a great outcome for most other defense attorneys would be a careless driving, but the North Star team shoots for even better and can often get it done, like in this case.