Archive

Case Results

State v. M.C., June, 2016

Charges: Disorderly Conduct and Trespass. Misdemeanors.

Resolution: Stay of adjudication to trespass charge and the disorderly conduct charge is dismissed. The stay period is for only 9 months and the terms of the agreement are light - small fine, no criminal convictions, and no contact with the complaining witness, which is a non-issue for this client. This outcome further ensures the client will be in a great position to have this record expunged in short order because the burden of proof on an expungement will flip to the State.

State v. M.G., June, 2016

Charges: 1st and 3rd Degree Arson, and Negligent Fires. All felonies.

Resolution: Client pled guilty to negligent fires as a gross misdemeanor. It was of utmost importance to keep a felony off of his record. The facts pointed to his actions causing the fire. Still, through diligent and strategic negotiations, the client is only convicted of a gross misdemeanor offense. The State didn't even agree to this plea deal, but remained silent, meaning the Court had to be convinced this was the right and just result - which was no easy feet considering the victim gave a powerful victim impact statement at sentencing. The client is thrilled with the outcome.

State v. T.T., June, 2016

Charges: Misdemeanor Domestic Assaults - two charges

Resolution: Case dismissed on the first day of trial. The State requested a late continuance, which was successfully opposed by Mr. Gempeler. Preparation was key, for not only being trial ready, but also to be able to make the correct arguments opposing an often granted continuance request. Due to the denial, the State could not proceed at trial and the case was dismissed. Mr. Gempeler also wisely laid a record to assist in defeating a potential re-filing of the charges due to bad faith by the State. This was a critical result for a client facing possible deportation with any conviction stemming from these allegations.

State v. (Confidential), June, 2016

Charges: Misdemeanor DWI

Resolution: Aggressive pre-charge negotiations on this relatively high-test DUI stop resulted in an immediate dismissal of the entire complaint, in favor of a tab charge to Reckless Driving and an outcome consistent with a petty misdemeanor offense after a short term of conditional release, minimal fine, and verification of driver education. Where travel to Canada, or other vital professional implications are at stake, contacting the lawyers at North Star can literally save your skin; it worked in this instance, to be sure.

State v. M.S., June, 2016

Charges: Felony DUI, First Degree Burglary, Felony Domestic Abuse No Contact Order Violation, among many charges

Resolution: Misdemeanor outcomes. Client's long-term relationship dissolved poorly, multiple felony counts resulted, Then two separate DUI matters allegedly occur. An utterly inclusive and long-term commitment to sobriety, and verification of the same, changed the tenor of the case completely, and a presumptive prison sentence was avoided completely. Client is able to maintain employment, keep his home, recover his work truck, and move on with his life, and was overjoyed with his results.

State v. A.B., June, 2016

Charges: Client had four pending cases - 3 separate cases with the same charge - DANCO Violation - and the fourth case included the following charges: 4th Degree Assault of an Officer, Obstruction of Legal Process, 4th Degree DWI, DANCO Violation, and petty drug possession. These four cases were venued in two different counties - Anoka and St. Louis.

Resolution: Client pled to three misdemeanor charges: Obstruction of Legal Process, 4th Degree DWI, and DANCO Violation. Client has no jail time to serve and must complete standard programming for chemical dependency and domestic abuse. This was an incredible result for a client that, at one time, had five pending domestic-related matters. In the end, he will have no new jail time, minimal fines, and be on probation with standard conditions. For a young man with no criminal record, limiting the damage to only one domestic-related conviction, a single DWI, and an obstruction is a home run. The client is ecstatic and thrilled with this outcome.

State v. M.D., May, 2016

Charges: Misdemeanor Failing to Yield

Resolution: Continuance for Dismissal. Client was charged as a result of an accident that was no one's fault. The client had a completely clean criminal and traffic record and it was imperative to keep it that way. Mr. Adkins negotiated this desirable outcome and kept the prosecution costs to a minimum - $100 - and restitution was reserved. Client is thrilled with this outcome.

State v. L.J., May, 2016

Charges: 5th Degree Possession Record

Resolution: Expungement granted from the bench. Client obtained a statutory stay of adjudication - pursuant to Minn. Stat. 152.18 - of a felony drug possession charge. The client was an RN that obtained drugs from her place of employment. Due to the thorough petition and arguments at the hearing, the judge made the rare decision to grant the expungement from the bench.

State v. N.G., April, 2016

Charges: 7 Felonies, 1 Gross Misdemeanor, 12 Misdemeanors - All related to the manner in which the client ran his used car business.

Resolution: Stay of imposition to a gross misdemeanor "unlicensed sales finance company" charge that will become a misdemeanor at the conclusion of the brief probationary period. The original offer from the state was to plead to three felonies and to serve significant time. Through diligent and thorough research and preparation, Mr. Gempeler became the expert on these unusual charges and was educating the State about the issues it faced in proceeding forward. Realizing this, the State was ready to make the major concession in its offer after Mr. Gempeler further humanized his client, showing that he deserved the deal obtained. Considering the client was staring at 20 total counts, including 7 felonies, the client is beyond relieved to have only a misdemeanor record and not have to serve any jail. This was a significant victory.

State v. J.A., May, 2016

Charges: Misdemeanor Domestic Assault

Resolution: Stay of adjudication to a city ordinance violation of disorderly conduct. Client faced his second domestic assault charge in a two-year span involving the same complaining witness. Mr. Gempeler leveraged a possible self-defense claim and information he learned through the complaining witness to obtain this incredible outcome. The client is thrilled to be able to walk away without a criminal record after these two serious allegations were levied against him.

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