Case Results

Plea to count 3, the misdemeanor careless driving, and the other two DWI counts were dismissed. Additionally, the client had no jail to serve and was placed on administrative probation. Even with a losing argument, the North Star team properly leveraged a motion hearing and witness availability issues for the State to get this utterly fantastic outcome. The client was uncooperative due to wanting to speak with an attorney - while a constitutional right, often, not at the times he was asking for the attorney. Despite the challenges it faced, the North Star team executed a savvy strategy and achieved the outcome the client needed.

Dismissed. After carefully scrutinizing the discovery and, most importantly, the squad video, Mr. Gempeler detected that the Officer was clearly fishing for DWI's at a common happy hour destination and, as a result, the alleged basis for the stop was completely fabricated. Once this was brought to the State's attention, they reviewed it on their own and made the decision to dismiss the case - well in advance of the scheduled contested hearing. Such a result is atypical because, even in these types of instances, prosecutors will often just let the judge do the hard job of dismissing the case, rather than them doing the right thing. But Mr. Gempeler's advocacy and respect from his peers earned this outcome for a deserving client.

On top of that, Mr. Gempeler won the implied consent battle. But, he didn't just win it, his cross was so effective that the Attorney General handling the case dismissed the fight without even re-directing the officer. She knew there was no coming back from the cross and dismissed it outright in the middle of the hearing. This is literally unheard of. Even the Judge was caught off guard, commenting not only on the excellent cross, but also that she had never seen a dismissal mid-hearing like that.

Acquittal at trial. Client was alleged to have pulled a gun on his brother-in-law, while threatening him. If convicted, he would've faced a mandatory 3-year prison commitment. From the very beginning, he was adamant the charges were false, and he wanted his day in court. Mr. Gempeler put on a masterful trial, hammering every witness the State called and even flipping the officers to lay positive foundational testimony for the closing. The jury deliberated for less than two hours - a remarkably short time, especially over a lunch hour. The County Attorney was flustered the entire trial, never able to counter the sound strategy and technique Mr. Gempeler used throughout. You know it's a good trial performance when the primary bailiff compliments the attorney, and two jurors waited in the courthouse lobby after the trial for a business card because they were so impressed and wanted the North Star team should they ever need us. Delivering justice for a deserving client is why we do this and is the best feeling in our line of work.

Plea to a drug count and dismiss the murder count. Mr. Adkins and his team convinced a judge, and eventually the State, to completely abandon a murder allegation, concerning delivery of drugs/fentanyl that resulted in an overdose death, simply based upon Mr. Adkins' assessment of the evidence and a timeline he prepared. This case, involving more than fourteen (!!) victim impact statements and a palpable political environment, was closed with no further jail, a relatively brief period of probation, and a life utterly recovered from despair and panic. This client has followed Mr. Adkins' express directives as well as any client in three decades of practice, and it mattered, right up to the moment the judge pronounced sentence and thanked Mr. Adkins for his efforts. Wins like this are why we exist.

Plea to an amended count of careless driving as a misdemeanor. No jail or community service, a minimal fine, and only one year of probation with easy conditions to follow. The deal was so good, in fact, that the Judge was questioning the prosecutor about how they were willing to offer a Careless on a Gross Misdemeanor DWI-Refusal. The Judge commented that he understood an agreement to a misdemeanor DWI, but to get a Careless was a bit shocking, to say the least. This is the type of outcome that isn't so atypical when the North Star team is involved. Getting so good of outcomes that it even surprised the Court.

Plea to a misdemeanor 4th degree DWI. On top of getting this in line with a true first-time DWI as far as the misdemeanor conviction, the sentence included no jail, credit for all of the proactive steps taken, a minimum fine, and even probation to the court. All in all - a great outcome for a client that owned up to his mistakes and worked hard to put it in his past. This outcome should ensure it has little impact on him as he moves forward.

Plea, but an agreement to a dispositional departure, resulting in a gross misdemeanor conviction with no jail to serve and a minimum fine. The client was alleged to have waved a gun (turned out to be a BB gun) at another driver in a road rage incident. Complicating matters, he was no probation for a felony drug case. Despite these challenging facts, Mr. Gempeler worked hard on the prosecutor, stressing the client's efforts at sobriety, to achieve this incredible outcome. The Judge praised the client for his efforts, but understood it is a journey and gave him every opportunity to succeed moving forward. All because of the hard work the North Star team put into the case to achieve such a fantastic outcome.

Plea to an amended count of fifth degree assault (non-domestic in name). What's more, the sentence included no time to serve, a minimal fine, and otherwise simple terms and conditions of probation for only one year. Considering the client's child witnessed the alleged strangulation, obtaining this non-felony, non-custody outcome is incredible. The client did everything asked of Mr. Gempeler following the incident - obtaining a chemical dependency assessment, achieved provable sobriety, and complied with his alcohol monitoring. The client's wife - the victim - remained supportive and helped explain the critical impact alcohol had in the overall situation. And after everything, the client is able to move forward with his life in the best position possible following such a regrettable mistake.