Archive

Case Results

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.

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.

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