Archive

Case Results

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 Adkins obtained a complete dismissal of the criminal charges, and successfully rescinded the license revocation and the return of the client's vehicle.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.

State v. N.M., October, 2015

Charges: Domestic Assault

Resolution: Stay of adjudication to a new count of disorderly conduct in violation of Minneapolis City Ordinance. The domestic assault charge was dismissed. For a service member, avoiding a conviction was imperative in order for him to advance and rise in rank. And because the plea was to an ordinance disorderly conduct, this will not impact his gun rights. Both were the main priorities for the client and obtained, despite the State's first two offers being much worse. Finally, at sentencing, probation recommended a chemical dependency evaluation, random testing, and the possibility to impose anger management and/or domestic abuse programming - none of which were imposed by the Court after careful arguments against imposing them.

State v. A.S., October, 2015

Charges: Underage Consumption and Speeding

Resolution: Continuance for dismissal on both charges. The prosecutor's initial offer was for client to plead to one charge as a petty misdemeanor and dismiss the other. Through strategic and persuasive negotiations, Mr. Gempeler talked the prosecutor into giving a continuance for dismissal on minimal court costs, thereby allowing the client the ability to keep his criminal and driving record clean. An important result for a college student.

State v. L.H., September, 2015

Charges: Failing to drive with due care, Hit and run, and No proof of insurance (all misdemeanors)

Resolution: Stay of adjudication to a petty misdemeanor failing to drive with due care. The stay period is only 6-months - compared to the typical one-year - and the client needed to pay restitution and surcharges. There were no additional prosecution costs. And the only remaining condition was no same or similar offenses, which is more narrow than the typical no moving violations condition. With the client being a commercial driver, getting a resolution that did not result in a conviction is a significant victory.

State v. B.D., September, 2015

Charges: Domestic Assault (Misdemeanor)

Resolution: Stay of adjudication to an amended charge of disorderly conduct. Upon successful completion of the one-year probationary period, the client will maintain a clean record and not lose his gun rights privileges. The pre-sentence investigation recommended random UA's. Mr. Gempeler successfully argued against the imposition of this condition even though alcohol was undoubtedly a factor in the alleged conduct. It is this diligence and driving force to always fight for his clients that lead to Mr. Gempeler regularly obtaining favorable results.

State v. M.J., August, 2015

Charges: Gross misdemeanor driving after cancellation - inimical to public safety (DAC-IPS) and misdemeanor failure to drive a vehicle equipped with an ignition interlock device

Resolution: Stay of adjudication to misdemeanor charge, the DAC-IPS charge was dismissed. After one year of unsupervised probation, paying minimal prosecution costs, and having no same or similar offenses, this entire case will be dismissed without any record of a conviction. This is great result in that the client will not further hurt her driver's license status because of this incident and can continue progressing towards getting a fully valid license. A conviction to either of these charges would have resulted in a longer loss of license and negated any progress she had made to date.

State v. N.A., August, 2015

Charges: Misdemeanor traffic offenses following an accident

Resolution: Continuance for dismissal on both charges. The State's initial and "final" offer was a straight plea to a misdemeanor traffic offense. After aggressive and strategic negotiations - which included representations about the unavailability of a key witness following North Star's investigation - the State finally agreed to a continuance for a dismissal. The client will stave off a conviction and keep his insurance premiums low - thereby saving more money in the long-term than it took to retain us. It pays to hire North Star.

State v. C.G., August, 2015

Charges: Felony Arson and Negligent Fires

Resolution: Expungement granted. Juvenile client pled guilty to a felony count of negligent fires. After demonstrating to the court that he has made positive strides in becoming a respectful and hard-working young man, the court granted the expungement in full over the State's objection. The State's attorney was unfamiliar with the new expungement law as it pertains to juveniles, which allowed Mr. Gempeler to educate the Court about the proper interpretation - to the benefit of the client. This expungement will permit the client to pursue his future careers without fear that this felony will hold him back.

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