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State v. P.V.
January, 2025
Charges: 9 counts of felony failing to file and failing to pay tax returns
Resolution:
Stay of imposition, resulting in a misdemeanor conviction after probation ends. If convicted, the client was looking at a presumptive prison sentence. This plea deal not only results in a misdemeanor when the client completes easy terms of probation, but it also avoided any time in custody. Considering the State's initial offer was for a permanent felony record and lengthy time to be served, the outcome Mr. Gempeler achieved is incredible, especially in Hennepin County, which is notoriously hard on individuals facing these charges. Due to this outcome, the client can continue in his career and move forward with his life in way he did not think possible after being charged.
State v. A.T.
January, 2025
Charges: Failing to stop after accident - Misdemeanor
Resolution:
Stay of adjudication. This outcome ensures the client will not be convicted of a crime following a traffic accident - an important result for the client. Additionally, this outcome should avoid a probation violation from a prior careless driving conviction. Two major wins for the client so he can move forward without a record.
State v. C.N.
January, 2025
Charges: 3rd Degree DWI - Gross Misdemeanor; Underage Drunk Driving
Resolution:
Plea to an amended count of misdemeanor 4th Degree DWI with no jail or STS, and the absolute minimum fine possible of $50. The client was a high school student who got into an accident after consuming alcohol one non-school day afternoon. Major mistakes made throughout, clearly. With the help of Mr. Gempeler's advocacy, she got back on track and is pursuing post-secondary education. This outcome will position her in the best position possible, considering the mistakes made.
State v. M.B.
January, 2025
Charges: 4th Degree DWI - Misdemeanors
Resolution:
Plea to an amended count of failing to drive with due care. Client blew a .11 and had no legal defense. But, she was remorseful and took immediate ownership of her actions by getting an assessment and completing the recommendations. Mr. Gempeler raised a creative legal argument regarding the validity of the breath test. Combined with the client's proactive steps, he was able to achieve such a fantastic outcome. The client was very appreciative not only of Mr. Gempeler's dogged efforts, but also of his respect shown her during the case.
State v. Confidential
December, 2024
Charges: Felony Invasion of Privacy/Amended to Gross Misdemeanor
Resolution:
The outcome of the case was a significant victory, marked by a stay of adjudication that reduced the charges to a radically minimized count. Importantly, this decision comes with no obligation for sex offender registration, which can often have lifelong consequences. The proposed custody arrangement is also favorable, with a staggered 30-day term that could potentially be waived entirely if good progress is demonstrated during probation.
This remarkable result holds immense value, particularly considering the initial severity of the charges at the time of filing. The client's unwavering devotion to family and steadfast commitment to personal recovery through therapy played a crucial role in shaping this outcome. The client's commitment to recovery, coupled with Dan's relentless dedication and innovative approach, truly made the difference in communicating with both the judge and the State. His advocacy not only showcased the client's journey toward healing but also highlighted the potential for positive change.
State v. B.L.
December, 2024
Charges: Careless Driving and Leaving the Scene of an Accident - Misdemeanor Counts
Resolution:
Stay of adjudication to the leaving the scene count and the careless driving is dismissed. This was essentially a DWI, but he was not stopped at the time and not investigated into until the next morning - meaning they had no way of proving impairment. Still, it was a serious matter. Despite that, Mr. Gempeler worked hard on the prosecutor to achieve an outcome that results in a non-conviction - a truly remarkable outcome considering the severity of the incident.
State v. Non-Public
December, 2024
Charges: Identity Theft and Fraudulent Transactions - Felony Counts
Resolution:
Stay of Adjudication with no restitution! State initially demanded a conviction and restitution of nearly $40K, and one of the State’s most conservative judges on the bench would not have likely permitted any resolution short of an all-but-unwinnable jury trial. However, Mr. Adkins employed creativity in extremis, and with a client committed to recovering and repairing the damage (the victims were in her family), the result is no conviction, restitution of less than $400, a path to expunging the entire matter—and a result that forced Probation Agents and the Judge to repeatedly ask if this was in fact the plan—it is that lenient, that much in favor of our ecstatic and wonderful client. Justice booming.
State v. D.O.
December, 2024
Charges: 4th Degree DWI - Misdemeanor
Resolution:
Creative careless - stay of adjudication to a DWI count and conviction to an amended careless driving count. The end result is only a careless driving conviction. This is a fantastic outcome considering it was a .13 with no legal defenses available. Mr. Gempeler was persistent as heck in getting this outcome, as the prosecutor was unrelenting in the DWI offer for multiple hearings. Finally, after leveraging a trial date, Mr. Gempeler was able to get a non-DWI conviction for a client that absolutely needed it to best minimize possible job consequences stemming from this one-time mistake.
Types of Charge(s): DWI Case Results
State v. A.W.
November, 2024
Charges: 2nd Degree DWI - Gross Misdemeanors
Resolution:
Plea, but no jail to serve, minimal fine, and credit for treatment and programming. What makes the result so fantastic for the client is that it avoids the statutory requirement of 30 days in custody. The client had maintained sobriety for over a year and was desperate to avoid serving time in custody, which worried her for maintaining her sobriety. After efforts to get her entry into DWI court were rejected due to her residing in Ramsey County, Mr. Gempeler worked with the prosecutor to get creative and deliver this most needed outcome. Now, the client maintains her sobriety and network of support with a sentence that does not interrupt it. She continues progressing and moving forward advantageously in life due to the creativity and doggedness shown by the North Star team.
State v. A.P.
November, 2024
Charges: Reckless Driving - Misdemeanor
Resolution:
Stay of adjudication. The client was driving on a gravel road and trying to do tail-whips. It did not go well, as he ended up in the ditch with two other passengers also in the car. Thankfully no injuries, but certainly a risky situation. The gravel road offered strong circumstantial proof of this driving misconduct. Undeterred, the North Star team negotiated this great outcome from a County Attorney's office notoriously difficult to deal with. Now, our client keeps his record crime free and won't have this negatively impact him (and his insurance, for instance) moving forward.