Case Results

State v. D.M., February, 2016

Charges: 3rd Degree DWI-Refusal

Resolution: Dismissed. Case was previously dismissed when the cop failed to show. The State re-filed the same charges. Armed with six motions, all with credible legal grounds, the cop again failed to show at the contested hearing, forcing the State to dismiss the case again. There's probably a reason the cop didn't show twice - he didn't want to face the music for the bad stop and being caught on tape saying: "I have my drunk for the night." Even if the cop showed, the outcome would have been the same.

State v. N.M., February, 2016

Charges: Contempt of Court, Stalking, and Attempted Coercion

Resolution: Dismissed. Client was initially charged with just contempt of court - which was wrongfully filed. Prior to the contested hearing, the State added the two additional counts. After further consideration and discussions, the case was dismissed prior to the contested hearing. This was the appropriate result when the initial charge was baseless and the State then employed the shotgun method of trying to make one charge fit. Ultimately, none did and the dismissal was warranted. A great result for a veteran of the armed services.

State v. J.G., February, 2016

Charges: 1st and 2nd Degree Criminal Sexual Conduct and Contact

Resolution: Found not guilty on both counts at a jury trial. Midway through the case, the State amended the complaint to change the second count to one that was - to its hope - more likely to stick. Mr. Adkins fought like a bulldog, displaying incredible cross-examination skills that ultimately proved instrumental to the just result. The jury deliberated for a very short amount of time, further proving just how damn good Mr. Adkins was a lead trial attorney. A just result for a client facing registration requirements and being labeled a felon for something he did not do.

State v. A.S., February, 2016

Charges: Underage Consumption

Resolution: Continuance for dismissal. The client was in the process of wrapping up a prior underage consumption citation when he picked up a second while in school. Despite two pending underage consumptions, Mr. Gempeler was able to negotiate a resolution that will prevent any conviction on his record, which is critical for a college student about to enter the work force.

State v. P.P., January, 2016

Charges: 5th Degree Drugs Possession - Felony

Resolution: Case dismissed. Mr. Gempeler successfully raised the immunity defense during pre-trial negotiations. The client was only discovered due to a possible overdose. A new statute grants immunity to those that need immediate medical assistance. Through careful research and investigation, Mr. Gempeler had this defense ready for a contested hearing, prior to the County dismissing the case entirely.

State v. A.D., January, 2016

Charges: Reckless Driving

Resolution: Stay of adjudication for only 6 months. Client was caught on video doing figure-eights in a commercial parking lot. While the driving was rather impressive, it was also reckless, as defined in the statute. This great plea negotiation permitted the client to maintain a perfect record and ensured he would not face job consequences, which he would have had he been convicted of this crime. As a result, the client was thrilled with such a great result.

State v. C.S., January, 2016

Charges: Domestic Assault

Resolution: Continuance for Dismissal. This remarkable result was obtained even in spite of the fact that the Defendant had a history of felonious behavior with the complaining witness. Yet, after strenuous litigation over the admissibility of a putative confession, and repeated demands for a guilty plea or formal trial, the Court granted Mr. Adkins' request for a continuance for dismissal, with no findings of fact, and a turnaround of six months--not the typical two years. Client is thrilled; he gets to keep his Second Amendment rights intact, which were of paramount concern to him.

State v. C.V., January, 2016

Charges: 4th Degree DWI - Misdemeanor

Resolution: DWI was dismissed and the client pled to a misdemeanor speeding citation as a separate criminal file. This outcome was critical to the client because she travels to Canada for work. And a DWI or Careless Driving conviction would result in her being denied entry, thereby resulting in her losing her job. Due to a proactive approach by the client and strong negotiations from Mr. Gempeler, the client is able to say the DWI case was dismissed in its entirety and she now only has a speeding ticket on her record. This will mean she can enter Canada without fear that this DWI record will prohibit her entry. Needless to say, this was an especially meaningful result for the client.

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.

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