Case Results

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.

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.

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.

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.

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.