Archive

Case Results

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.

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.

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