Archive

Case Results

State v. N.M., August, 2015

Charges: 5th Degree Assault Expungement

Resolution: Expungement granted. Client was unsuccessful in seeking an expungement less than a year ago. Mr. Gempeler had the expungement hearing venued at the Stand Down event - an event that offers extensive free services to veterans. It was the first time an expungement had been heard at this event. Due to the client's tremendous service and rehabilitation record, the Judge felt compelled and "proud" to grant this expungement. No longer will this record be a disqualifying offense by the DHS and prospective employers.

State v. G.D., July, 2015

Charges: 5th Degree Criminal Sexual Contact

Resolution: Expungement granted, in full. Client obtained a stay of adjudication to a gross misdemeanor 5th Degree criminal sexual contact charge in 2008. The county attorney, Department of Human Services ("DHS"), and Board of Nursing all opposed the expungement in writing and at oral arguments. Mr. Gempeler successfully explained the nuance of the appropriate burden of proof shifting to the state and the data practices concerns raised by the DHS and Board of Nursing. The Board of Nursing even commented that it's never been done before in asking that its records be sealed. The Court granted the expungement in full, ordering all agencies records to be sealed. And the Court ordered that the client be restored to the position he held before the incident - meaning, he does not need to acknowledge this charge and record for any reason, at any time. The most important result is that the client no longer has a record that can be utilized by the DHS as a permanent disqualification in getting his appropriate professional license. This is the ultimate second chance for the client.

State v. D.M., July, 2015

Charges: 3rd Degree DWI

Resolution: Dismissed. Mr. Gempeler pushed the case to a contested hearing, with a jury trial scheduled after it. Prepped to fight the unjustified stop, the charges were dismissed prior to the hearing.

State v. A.S., July, 2015

Charges: Fourth Degree DWI

Resolution: Plea to misdemeanor failure to signal traffic offense and the DWI charges were dismissed. After Mr. Gempeler filed motions challenging the stop and probable cause for arrest, the prosecutor made an offer the client could not refuse because the legal motions were far from guarantees. In addition to getting only a misdemeanor traffic offense on her record, the client was not sentenced to complete any jail time, do any community service, and did not even have to do the one-day alcohol education program that is typically required for all DWIs. The client also avoided the probation fee when supervised probation was limited to five months.

State v. S.R., July, 2015

Charges: Expungement of 2012 Disorderly Conduct, Underage Consumption, and Obstruction of Legal Process matter

Resolution: Mr. Gempeler successfully obtained an expungement of a 2012 matter in which the client was convicted of misdemeanor disorderly conduct and underage consumption. A charge of obstruction of legal process was dismissed at that time, making this matter one involving disobedience to the police – i.e. one that courts are reluctant to expunge typically. The success hinged on Mr. Gempeler’s ability to work with his client to build and improve the case by getting several letters of recommendation, transcripts, treatment records, and a diligent review of the 12-factors in the petition paperwork.

State v. J.L., July, 2015

Charges: Second Degree DWI

Resolution: Dismissed. Mr. Adkins obtained the dismissal after successfully raising the post-incident consumption defense. The client admitted to drinking prior to driving to a local restaurant, thereby giving the prosecution traction to pursue the DWI. Mr. Adkins’ thorough investigation into the night in question led to the discovery of multiple eyewitnesses that corroborated the client’s story that he consumed a number of drinks at the restaurant, which is what ultimately led to him being well-above the legal limit. An expert report concluding that the client could not have had an alcohol concentration higher than .06 at the time of driving was the final push the prosecutor needed in order to dismiss the case short of a contested hearing. Needless to say, the client is overjoyed with Mr. Adkins’ work.

State v. B.G., June, 2015

Charges: Misdemeanor Theft

Resolution: Mr. Gempeler successfully moved the court to withdraw a previously entered guilty plea by the client (prior to Mr. Gempeler’s involvement). At the same time, the client obtained a stay of adjudication on the misdemeanor theft. The client is on one-year unsupervised probation and cannot commit any same or similar offenses. There was no new fine or costs imposed. This is a terrific result because not only did Mr. Gempeler have to move the court to withdraw the guilty plea, but then he negotiated such a favorable resolution on a theft that could have been charged out as a gross misdemeanor. Because of Mr. Gempeler’s work, the client went from a conviction on his record to a dismissal one-year from now.

State v. F.H., June, 2015

Charges: Total of 12 files, 9 of which contained felony counts, including Assault, First Degree Drug Sales, and Kidnapping.

Resolution: Client avoided designation as a Career Felony Offender, and thereby avoided a prison term of at least twenty years; he will serve only 2-6 months additional incarceration over the term he was already serving for a prior Kidnapping conviction (in that matter, the client avoided a possible Attempted First Degree Homicide prosecution, and received less than 20% of the time he would normally have had to serve). Multiple complex negotiations were required, and artful work with a particularly talented and well-regarded prosecutor. The client will be home to give his children back a father in less than 18 months, armed with a new lease on life.

State v. J.M.J., June, 2015

Charges: Third Degree DUI

Resolution: No additional jail service, minimal fine. In this matter, a high test and a recent prior conviction proved less relevant than Mr. Adkins’ negotiating prowess, and a thoughtful judge agreed that time already spent in custody was all that was necessary to prevent future misconduct. The client avoided a lengthy term of either jail or home monitoring, and can keep working without having a long interruption to complete either program.

State v. J.A.P., June, 2015

Charges: Fourth Degree DUI

Resolution: Stay of Imposition to an amended count of careless driving and the DUI charges were dismissed. The blood test revealed an alcohol concentration level of 0.15. Despite the client being nearly twice the legal limit, Mr. Gempeler was undeterred in seeking and obtaining a Careless Driving – which is usually reserved for 0.10 or lower. Mr. Gempeler was skillful and diligent in negotiating with a talented prosecutor. The icing on the cake was that the client was not required to complete a significant amount of community service or jail time to earn this outcome. The negotiated sentence required no jail, no community service, a minimal fine, and probation to the court.

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