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State v. R.K.
February, 2020
Resolution:
Carlton County. Expunged a 3rd Degree DWI conviction. DWIs are rarely expunged – only a few have been granted statewide. Yet, even with a high reading, Mr. Gempeler successfully petitioned and argued for this record to be expunged. The client had been overlooked on three separate occasions for career advancement due to this DWI conviction. The expungement was necessary and earned by a deserving client. This proves that – even though it’s an uphill battle – it pays to retain an experienced expungements attorney to fight for a DWI expungement.
Types of Charge(s): Expungements
State v. J.W.
February, 2020
Resolution:
Hennepin County. Expunged three (3!!!) DWI records. To the best of our knowledge, these were the first DWI records ever expunged in Hennepin County. And we got three of them expunged. The three DWIs occurred during a four-year period just over ten years ago. The client completed a remarkable life turnaround since then, become a well-recognized speaker in the field of chemical dependency, which included presentations to various government agencies, and had a demonstrable burden. Through Mr. Gempeler’s guidance, the client presented an incredible petition and argument to the Court, to the point where this outcome was not just lucky, but deserved and appropriate – despite the “facial absurdity” of seeking an expungement of 3 DWI’s as the State retorted in its opposition memorandum. Even on cases that seem impossible, we get the right results for our clients. There is not a better example of this than obtaining an expungement of 3 DWI records in Hennepin County.
Types of Charge(s): Expungements
State v. M.E.
February, 2020
Charges: 4th Degree DWI - Misdemeanor
Resolution:
Stay of Adjudication. Client had a .10 breath alcohol concentration level and we had no defense. But, the client took proactive measures to demonstrate that she did not have an alcohol problem and learned from her mistake. Complicating things is the fact that the client's significant other lived in Canada. Traveling to Canada with a DWI is not possible and there's a wide debate whether a careless driving conviction even permits entry into Canada. Through diligent negotiations, the North Star team achieved this nearly impossible outcome. The end result for the client is that she will not have any convictions as a result of the charge and can freely travel to Canada.
Types of Charge(s): DWI Case Results
State v. P.E.
February, 2020
Charges: Gross Misdemeanor DWI (Marshall County)
Resolution:
Plea to an amended count of Misdemeanor DWI. Client registered a significant breath alcohol concentration (.22). Yet, despite this awful fact, the North Star team was able to negotiate an outcome that is truly remarkable. Not only was the plea to a misdemeanor, but the sentence included no jail to serve and he was placed on probation to the court (rather than to probation services), which saved him both stress and money. Obtaining a misdemeanor outcome on a .22 is nearly unheard of - except when you hire the North Star team.
Types of Charge(s): DWI Case Results
State v. J.A.
January, 2020
Charges: Felony Tobacco Tax Fraud
Resolution:
Dismissed upon North Star's motion to dismiss for an unconstitutional search. The client was charged with transporting untaxed tobacco product. He ran out of gas and was stopped on the exit ramp. A state trooper pulled up behind him during a welfare check, offered to assist by staying behind him to ensure traffic new of the stopped truck. But, instead of doing that, the trooper continued asking questions about what our client was doing. He detected the client was acting nervous. So, the trooper kept prying and eventually asked to search the back of the truck. The only "suspicious" behavior was the client's nerves, which is not enough to continue interrogating him and eventually ask to search the truck. The Court agreed, ruling from the bench even(!), that this conduct by the trooper violated the client's constitutional guarantees to be free from unreasonable searches and seizures. Without the evidence gathered during the illegal search, the County was forced to dismiss the case.
Types of Charge(s): Tax
State v. J.L.
January, 2020
Charges: Misdemeanor Domestic Assault charges
Resolution:
Stay of Imposition, Vacate and Dismiss, to an amended count of disorderly conduct. This means that, once the client successfully completes probation, the conviction will be vacated and the case is dismissed. This is another perfect example of the North Star team doing exactly what is necessary and in the client's best interests. The reason why is there was another offer that may have been considered better from a true legal standpoint. The client was offered a stay of adjudication to a domestic assault charge, which means he'd never be convicted of anything. But, after consulting with his employer, the vacate and dismiss of a disorderly conduct was the better outcome for him. The North Star team always knows to get the big picture from the client to understand exactly what's at stake and how to get through it the best possible way. Every client is a new, unique client that deserves the attention and respect they need. No two cases or outcomes are the same. And in this case, the vacate and dismiss was the best possible outcome, given its unique facts and circumstances.
Types of Charge(s): Domestic Assault Case Results
State v. A.K.
January, 2020
Charges: 4th Degree DWI - Misdemeanor
Resolution:
Plea to an amended count of Failing to Drive with Due Care. The client had zero record and was concerned how a DWI-related outcome (even a Careless Driving) could impact her future. Despite no meaningful legal defense to the case, the North Star team was able to negotiate this fantastic result due to a smart strategy, leveraging the criminal process, and positioning the client in the best position possible with some proactive steps. The end result was more than the client even thought possible.
Types of Charge(s): DWI Case Results
State v. L.V.
January, 2020
Charges: 4th Degree DWI - Misdemeanor
Resolution:
Plea to an amended count of failing to drive with due care. In addition to pleading to such a low criminal charge and avoiding the DWI, the client was placed on probation to the court, and had no time to serve and a minimal fine. Without a true defense, but compelling underlying facts, the North Star team leveraged a pending trial, some proactive steps by the client, and its good relationship with the prosecutor to eventually obtain this great outcome. The client was thrilled to walk away with essentially a traffic ticket, not to mention avoiding a careless driving (the standard non-DWI outcome most defenders seek), which would still have impacted her insurance rates.
Types of Charge(s): DWI Case Results
State v. J.P.
December, 2019
Charges: Failing to Pay or File Tax Returns - Felonies (9 Counts)
Resolution:
Plea to tax crimes as gross misdemeanors. Durational departure granted. The client was facing nine felony counts. And, if convicted at trial, stacking all nine convictions could have led to a prison sentence (as the Judge detailed to the client at an early hearing). The client was also in the midst of recovering from a severe stroke. Taking Mr. Gempeler's advice, the client paid off the unpaid taxes in full and got his tax filings current. Without a criminal record (for an older man) and his declining health, avoiding time in custody and serious criminal penalties (such as felony records) was critical. After extensive negotiations, the client gladly accepted a plea deal to a gross misdemeanor result and avoided any time in custody, which, given his health, could have been life-saving. The client was thankful that he hired the North Star team to guide him during this challenging time.
Types of Charge(s): Tax
State v. K.M.
December, 2019
Charges: 5th Degree Assault - Misdemeanor
Resolution:
Stay of adjudication on a disorderly conduct charge. The client had a plausible self-defense claim. But he also had enough self-awareness to realize that his imposing presence compared to that of a complaining witness that was half his size would be tough to overcome. Leveraging the defense and willingness to go to trial, the client was thrilled to get an outcome in which he could earn a dismissal of the record, without a conviction, once he completes probation. And he also knows that he is presumed to get an expungement one short year later. For a young man that will be completing school around the same time frame, this terrific result via negotiations was too much to turn down and he was happy to move forward, without having to have this case hold him back.
Types of Charge(s): Assault Case Results