Archive

Case Results

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.

State v. Confidential, December, 2016

Charges: Hit and Run, Failure to Report Property Damage Accident

Resolution: Dismissal. In this matter, wherein a person of significant local fame faced a matter that would have proven quite embarrassing had it reached the papers or the local news, Mr. Adkins secured a dismissal before the first court date. Outright dismissal, no fees, no term of conditions.

State v. E.A., December, 2016

Charges: Obstructing Legal Process - Misdemeanor

Resolution: Dismissed. Client has a clean criminal record, which was imperative to maintain in order for him to continue volunteering with his kids extra-curricular activities. The initial offer - a stay of adjudication, which would have resulted in a dismissal - was authorized to be accepted by the client. Still, Mr. Gempeler knew that the right approach to pushing the City Attorney could lead to a better result. After further negotiations and discussions, the City Attorney agreed that there was no merit for the charge.

U.S. v. Confidential, December, 2016

Charges: Possible Money Laundering/Postal Fraud, Possible Litigation Abuse/Copyright Fraud

Resolution: In two separate investigations, our clients received notices (but not quite a formal target letter) indicating they might be subject to an indictment if they were unwilling to come forward and proffer (formally answer questions about possible crimes, of their own or other people). In light of Mr. Adkins' more than two decades of experience in these matters, North Star is uniquely positioned to assist in these matters, including isolating issues with the investigators before a meeting, ample and aggressive meeting preparation for the client in advance of the proffer, artful postures throughout the meeting (which can be confrontational and unpleasant), and careful follow-up post-meeting. In both of these matters, the clients were quickly and comprehensively excluded from any prosecution, and their involvement going forward (as, say, trial witnesses) may well be eliminated. This work is detailed, and takes a light hand. Never ever handle these sorts of meetings without a talented and aggressive team of attorneys.

State v. L.G., November, 2016

Charges: Gross Misdemeanor Unauthorized Computer Access

Resolution: Expungement Granted. Client had previously sought an expungement, but was denied. Through the guidance and counsel of Mr. Gempeler, she successfully expunged a record that had caused her to miss more than a dozen employment opportunities. For a mother of young children, this expungement was critical for her and her family's future.

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