Archive

Case Results

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.

State v. T.B., 

Charges: Second Degree Burglary

Resolution: All counts dismissed after investigation and interviews by our staff. Client was facing consecutive prison terms if the matter was not dismissed; great example of lawyers and clerks undaunted by State’s accusations, pressing for details notwithstanding a damning complaint and initial reports.

State v. C.S., 

Charges: Felony Assault count against a Sheriff’s Deputy

Resolution: Misdemeanor sentence to an assault charge, successfully obtained upon arguments directly to Trial Judge – even after the State refused to relent from a prison-commit offer. No jail was required. Client’s outstanding effort to rehabilitate himself changed hearts and minds, and legal arguments regarding voluntary intoxication convinced the judge to extend a probationary outcome to the client. A significant win, to say the least.

State v. J.O., 

Charges: Felony Fraud/Forgery/Theft counts

Resolution: Dismissal with prejudice of all counts. The win was the result of a combination of efforts, including Mr. Adkins’ research, expert-consultation, and successful courtroom arguments. Client may now continue his burgeoning music career without fear of this damaging mark on his character.

State v. (Confidential), 

Charges: Felony Damage to Property Pre-Charge Matter

Resolution: After extensive research and interviews by North Star Criminal Defense staff, charges noll prossed (declined to be charged) by police and complainant. Client was a college senior who got to complete his education without a nasty charge with turpitude aspects. Another example of soft-glove negotiations fronting iron-fist litigation capacity, all to a favorable result. Client is overjoyed.

State of Minnesota v. Len Olson, CX-98-2048, 

Charges: Criminal Sexual Conduct in the First Degree, other related counts.

Resolution: In this matter, a client facing a mandatory 144 months in prison on allegations he had molested a minor child at a warming house received quite literally a new lease on life when the Minnesota Court of Appeals reversed the trial judge’s order that he be tried a second time. After initially electing to proceed to trial with a personal friend who specialized in bankruptcy, and being denied the opportunity to change counsel late in the proceedings by a judge on a crazy streak, Mr. Olson was forced to start a formal jury trial while representing himself. Dan achieved a landmark outcome, one that has been employed repeatedly since by other attorneys seeking to protect clients from abusive judges and prosecutors. In light of the judge’s manifest and repeated errors, and the refusal on the part of the prosecutor to halt the madness, Mr. Olson was absolved of the counts, and justice was finally achieved. This matter points up the importance of getting the right lawyer, right away. Do not hesitate, and do not stand pat with a lawyer who won’t answer your questions, or who does not make your own peace of mind the primary concern of your defense.

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