Archive

Case Results

State v. M.D., January, 2016

Charges: 3rd Degree DWI - Refusal (Gross Misdemeanor)

Resolution: Misdemeanor DWI Plea, with no jail time and a low fine. The client refused the alcohol concentration test back at the station, making this first-time offense a gross misdemeanor. But, before then, she tested a very high level when given the PBT and, to make matters worse, her conduct was less than ideal - she resisted officers, engaged in verbal abuse, etc. As a result of this behavior, despite mandatory bail not being necessary, she was held for a couple days before getting this firm involved. Despite all of this, Mr. Adkins resolved this case with no jail time, the lowest possible fine by statute, and probation to the Court (saving the client several hundred in additional expenses). An early assessment, hustle by the client to get her license reinstated via the ignition interlock, and compelling use of the Bernard matter pending in the United States Supreme Court all combined for a remarkable outcome, for a remarkable young client.

State v. G.O., December, 2015

Charges: 5th Degree Assault - Expungement

Resolution: Expungement granted. Client received a most favorable outcome. Yet, despite no conviction resulting from the case, the Department of Human Services vehemently objected to the Court granting the expungement. After careful and aggressive arguments at the oral hearing by Mr. Gempeler, the Court granted the expungement on the bench. A terrific outcome for a deserving client and veteran.

State v. M.J., December, 2015

Charges: 3rd Degree DWI, Under the Influence of a Controlled Substance; 3rd Degree DWI, Under the Influence of a combination of Alcohol and a Controlled Substance; and 3rd Degree DWI, Under the Influence of a Schedule II Controlled Substance

Resolution: Dismissed. This fantastic result was obtained due to the development of a personalized legal strategy that pushed the right legal defenses that were leveraged during negotiations with the prosecutor. The client's breath alcohol concentration came back at .056, yet the officer still demanded a blood test to determine the presence of a narcotic in his system. But, the client had a valid prescription for the narcotic, which was an affirmative defense raised via motion. The failure of the officer to do any further testing - such as a drug recognition evaluation - proved costly as the State was left with no evidence that the client was under the influence of the narcotic. This is a terrific result for a great client/veteran.

State v. A.F.P., December, 2015

Charges: Order for Protection Violation

Resolution: Dismissed. Through diligent investigation and strategic negotiations, Mr. Adkins was able to obtain a complete dismissal of this serious criminal charge. Facing numerous collateral consequences stemming from this charge, the client will now avoid all of it. A dismissal is a rare result, but it can be obtained with the right team.

State v. A.B., November, 2015

Charges: Domestic Assault - Misdemeanor

Resolution: Stay of adjudication. The client was facing two new cases out of a different county at the time this matter was resolved. Despite these two other cases, Mr. Gempeler was able to obtain this result after carefully scrutinizing the evidence and leveraging critical facts during negotiations with the prosecutor. By obtaining this incredible result - one in which the matter will be entirely dismissed if the client abides by the conditions of probation - the client is also positioned to get the two other cases resolved in a favorable manner.

State v. J.F., November, 2015

Charges: Driving after Cancellation, Inimical to Public Safety (DAC-IPS), and B-Card Violation

Resolution: Dakota County. Case dismissed. Here, the issue of a lack of actual, verifiable notice to the client that his driving privileges were cancelled, was argued forcefully by Mr. Adkins, to a fantastic end. Be sure to hire lawyers who will go beyond simply accepting the State's assertions. Diligent discovery and investigation led to this outright dismissal. This is what distinguishes North Star Criminal Defense from the pack. This client gets to return to the roadway without fear, and without further needless blemishes on his record.

State v. F.H., November, 2015

Charges: 12 felony counts in multiple matters

Resolution: In this clusterbomb of a situation, Mr. Adkins was able to negotiate a result utterly impossible to have expected: in exchange for a mere 5 months longer in prison that was already ordered for an unrelated kidnapping/aggravated assault case, this client resolved 8 drug cases, another ugly kidnapping, several assaults, and a failure to register matter, as well as having nearly 20 misdemeanor cases dismissed. The client will be back with his family next summer, rather than facing between 20-30 years of prison. In this matter, the absolute requirement of a consistent, honest approach to both your judge and the assigned prosecutor was highlighted. It certainly did not hurt that the client had done such a magnificent job remaking himself while awaiting the outcome to his cases. Justice sought, justice achieved.

State v. A.P., November, 2015

Charges: 2nd Degree DWI - Refusal and 3rd Degree DWI

Resolution: Washington County. Plea to a lesser included conviction with a sentence that did not include any jail time, house arrest, or sentence to service - a rare outcome for DWI offenders with priors and a refusal. This case points to the importance of being proactive. The client immediately obtained an alcohol-dependence assessment, readily accepted responsibility for his actions, and had an honest commitment to community-building conduct before the case is resolved. By dedicating a significant amount of time to community service in advance of any formal hearings, this client escaped nearly all of the pitfalls inherent to DUI prosecution. The benefit is limiting the criminal consequences, with less supervision and obligations while being supervised. A fantastic result for a truly exceptional client.

State v. P.M., November, 2015

Charges: 2nd and 3rd DWI - Narcotics

Resolution: Washington County. Client was facing gross misdemeanor DWI charges for being under the influence of narcotics, along with a lengthy revocation of his driving privileges and forfeiture of his vehicle. Through his aggressive and effective advocacy, Mr. Adkins obtained a complete dismissal of the criminal charges, and successfully rescinded the license revocation and the return of the client's vehicle. Critical to the defense was the fact the officer did not complete a drug recognition evaluation and made a dubious statement while the stop was being recorded.

State v. R.E., October, 2015

Charges: Domestic Assault

Resolution: Expungement granted. The client had little to no actual burden resulting from a domestic assault conviction out of Hennepin County. But, after working with his client to build the case, Mr. Gempeler emphasized the strides made to save the client's marriage (the victim was his wife) and to rehabilitate himself. And with the help of citing key statistics about how a record is likely to impact job applicants, the Court made the tough, but right decision in granting the expungement.

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