Case Results

State v. C.S.

July, 2015
Charges: Felony Assault count against a Sheriff’s Deputy

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.

Types of Charge(s): Assault Case Results, Felonies

State v. T.B.

July, 2015
Charges: Second Degree Burglary

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. J.A.P.

July, 2015
Charges: Fourth Degree DUI

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.

Types of Charge(s): DWI Case Results

State v. J.M.J.

July, 2015
Charges: Third Degree DUI

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.

Types of Charge(s): DWI Case Results

State of Minnesota v. Todd Longsdorf, K3-00-414

July, 2015
Charges: Narcotics Sale in the First Degree

Police armed with a proper search warrant who turn a trailer almost completely inside out could not justify a further search of Dan’s client, including tearing his jacket apart, when they mishandled the manner of the search; a trial court finding that the search was excessive and insupportable was affirmed on appeal, and the client avoided a potential 100-month+ prison commitment. Yet another example of a case aggressively argued from bail hearing through early appearances and in a contested evidentiary hearing including a jury trial (if necessary) and most importantly artfully argued before the Court of Appeals. This represents one of Dan’s favorite cases to date, where the wins just kept coming, due in large part to a client dedicated to the best outcomes and to cautious, thoughtful conduct during the litigation process. Sobriety, law-abiding conduct, and timely assistance to your legal team mean the world, and helped immeasurably to make this outcome possible. Be the result you seek, is a great epigram for this case.

Types of Charge(s): Drug Crime Case Results

State v. B.G.

July, 2015
Charges: Misdemeanor Theft

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. J.L.

July, 2015
Charges: Second Degree DWI

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.

Types of Charge(s): DWI Case Results

State v. S.R.

July, 2015
Charges: Expungement of 2012 Disorderly Conduct, Underage Consumption, and Obstruction of Legal Process matter

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.

Types of Charge(s): Expungements

State v. F.H.

July, 2015
Charges: Total of 12 files, 9 of which contained felony counts, including Assault, First Degree Drug Sales, and Kidnapping.

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.

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