Case Results

State v. B.N., March, 2017

Charges: School Bus Violation - Traffic Arm - Gross Misdemeanor

Resolution: Continuance for Dismissal. The prosecution costs were minimal and the client is able to maintain a perfect driving record.

State v. D.M., March, 2017

Charges: Order For Protection Violation - Misdemeanor (Juvenile case)

Resolution: Continuance for dismissal for 180 days. No fine, jail, community service, or lengthy conditions. The client had already completed 30 days of house arrest as a result of a probation violation stemming from these allegations. Using this as leverage and the new progress of the child in getting back on track in school and his personal life, Mr. Gempeler obtained this rare result - a dismissal.

State v. A.B., February, 2017

Charges: 3rd Degree DWI, B-Card Restriction, Careless Driving, DAR

Resolution: Guilty plea to misdemeanor Careless Driving, rest of charges were dismissed. Initial offer was to a gross misdemeanor DWI and for 90 days to be served in custody and via house arrest. Mr. Gempeler successfully moved the Court to suppress the blood test result due to a faulty warrant, leading to the dismissal of the DWI charge. After the Court ruled in his favor, the Defendant obtained the result he wanted - 1-year probation (not 4), less jail time (he only faces house arrest), and no DWI record.

State v. A.S., February, 2017

Charges: Threats of Violence - Felony

Resolution: Dismissed. This matter concerned a felony count of Threats of Violence, and allegations of gunpoint menacing during a road rage incident (which could have led to an amended complaint including a Second Degree Assault count, with potential prison implications). Mr. Adkins got the case dismissed on the morning trial was set to begin, after extensive wrangling and legal arguments/motions. The client, whose record contains a number of previously felony convictions, saw his position get markedly improved when the North Star Criminal Defense motion practice placed the admissibility of those convictions into the atmosphere. Needless to say, the client is extremely pleased.

State v. S.N., February, 2017

Charges: Domestic assault and disorderly conduct

Resolution: Stay of adjudication to the disorderly conduct, with an agreement to expunge the record when eligible. With the client in the midst of a divorce with the alleged victim, obtaining a non-conviction result was critical. Even after obtaining this great result, Mr. Gempeler argued successfully against probation's recommendations for domestic abuse programming. Instead, the judge credited the client for having completed anger management and did not impose any additional terms of probation. The client is set up to succeed and get back on her feet.

State v. M.M., January, 2017

Charges: 3rd Degree DWI - Gross Misdemeanor

Resolution: Pled guilty, but limited criminal consequences dramatically. Client was charged with a 3rd degree on a first-time DWI due to an alcohol reading of .22 - nearly three times the legal limit. Typically, such a reading would require jail and/or community work service, plus a steep fine. Following our advice to complete a chemical dependency assessment and provide proof of exceptional performance in school, the client was sentenced to no jail, no community work service, a minimal fine, and is on probation to the court, rather than supervised probation, which saves the client an additional $200-300. These efforts may seem minor, but they are incredibly valuable and appreciated by our clients.

State v. P.P., January, 2017

Charges: Five traffic offenses, including a gross misdemeanor charge.

Resolution: Stay of adjudication for $500. This is truly a remarkable outcome given the sheer quantity of charges and severity of them - one gross misdemeanor and four misdemeanors. Additionally, the criminal behavior involved a level of deceit relating to deliberate efforts to use tabs that were registered to other vehicles. With the threat of losing his license with certain convictions, the client is thrilled to maintain a clean criminal record and to not risk losing his license.

State v. J.L., January, 2017

Charges: 4th Degree DWI - Misdemeanor

Resolution: Plea to Careless Driving. The client was sentenced to no jail or community service and instead ordered to complete a chemical assessment - which he already did - and complete a MADD panel. The fine was minimal and the client preserved the right to fight the implied consent revocation. This is a rare result. For an active military service member, this result was critical to get him reinstated.

State v. Anonymous, January, 2017

Charges: Pending Domestic Assault - Misdemeanor

Resolution: Charges were never filed against our client. The client was diligent in retaining North Star on the day of the alleged incident. Because of this, it afforded an opportunity for Mr. Gempeler to contact the local prosecutor prior to charges being filed (in fact, he caught the prosecutor at the time he was drafting the Complaint). Credit to the prosecutor in allowing us time to provide some critical information that he promised to consider prior to filing charges. Based upon this and thoughtful and assertive negotiations, an agreement is in place for the client to never be charged with the domestic assault. This is an incredible and necessary result for a client that needs licensing through the Dept. of Human Services. Even the charge of domestic assault would likely lead to disqualification, regardless of how the criminal case would be resolved. This outcome had never been done before with the local prosecutor. Yet, Mr. Gempeler employed the proper approach and was persistent with negotiations to secure this outcome. A great start to the new year!

State v. A.I., December, 2016

Charges: Obstructing legal process, License Plate Fraud

Resolution: Continuance for Dismissal. This matter was resolved by a continuance for dismissal, that in early negotiations was termed "impossible" to achieve. Hard work by Mr. Adkins, and careful avoidance of additional silly decision-making by a wise and creative client, meant the impossible became par for the course. This matter also exemplifies the importance of a client participating meaningfully in the process; his videotape evidence was essential in moving a prosecutor from leery to sympathetic.

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