Archive

Case Results

State v. D.L., March, 2018

Charges: 1st-3rd Degree Criminal Sexual Conduct/Contact charges - Felonies

Resolution: Third Degree CSC, no prison term. Another attorney, talented in his own right, tried this client's case to a jury. After that jury hung 11-1 in favor of convicting the client, Mr. Adkins was retained for a re-trial, but his superior negotiation skillset meant the case could be resolved short of another trial (and an almost certain conviction), instead as a plea to the lowest count in the complaint, and a probationary sentence. This came after arguments to the sentencing judge regarding a mandatory prison term, a request for a downward departure, the State's request for a year in local jail, and the Court's decision to trust the client would take this opportunity and learn/grow from it. Outstanding results for a man now on the path to recovering his integrity, and better choices in future.

State v. J.F., March, 2018

Charges: 3rd Degree DWI - Gross Misdemeanor (Client blew a .29)

Resolution: Plea to an amended count of 4th Degree DWI as a misdemeanor(!!!). Not only that, the client entered a Norgaard plea based upon the fact that she could not recall the incident. Still, with a .29 reading and a history of prior offenses outside of 10 years, Mr. Gempeler utilized the proper approach when negotiating with the prosecutor to obtain this truly unthinkable outcome. The client's proactive approach - meaning, inpatient, outpatient, and after care to address both chemical dependency and mental health issues - affording our team the ability to negotiate this result. It goes to show that even with the deck stacked against you, North Star can achieve incredible results.

State v. J.T., March, 2018

Charges: 4th Degree DWI - Misdemeanor

Resolution: Plea to an amended count of Reckless Driving. This is a remarkable result considering the client blew a .12 and was involved in a serious single-car accident that left the car resting on its side. Mr. Gempeler leveraged two legal issues relating to the legality of the PBT and probable cause for the arrest into this terrific result. The sentence did not include any jail or community work service, and the fine was minimal. Another great result even though bad facts made it seem unlikely to achieve such a result.

State v. J.R., February, 2018

Charges: 3rd Degree Burglary - Felony

Resolution: Sentence as a Gross Misdemeanor, no jail. To say this client is pleased with his outcome is to say giraffes are tall. Client sought to play a prank on his former employer, and faced a nasty turpitude (lying/cheating/stealing) felony with permanent record consequences for his trouble. After lengthy and creative negotiations with a talented prosecutor, the matter was submitted to a judge with a motion for a downward (durational) departure. These are difficult to obtain, requiring particularized circumstances argued carefully and well, and Mr. Adkins prevailed upon the Court to protect his client's record and minimize his exposure. This result also meant the State could no longer seek to forfeit the client's valuable work vehicle, meaning a win, all around. Remarkable results.

State v. A.W., February, 2018

Charges: Felony Failure to Register as a Sex Offender

Resolution: No Jail, waiver of mandatory prison term. As in so many situations in Minnesota, a conviction for the offense of failing to register can implicate a mandatory minimum prison sentence, but aggressive and creative lawyering can avoid this punishing outcome. This client worked his ass off to correct the mistake he'd made in neglecting to stay in contact with local law enforcement, and was credited for the time he'd already spent in custody--2 nights--rather than head off to Minnesota Correctional Facility--St. Cloud for eight months or longer. If you face a mando sentence, as they are called, contact North Star without delay. You need seasoned professionals, and the sooner you retain them, the better your outlook will be and will STAY.

State v. J.S., February, 2018

Charges: Felony drug offenses

Resolution: Drug Diversion. This client had been advised he did not qualify for a sentence pursuant to Minn. Stat. ยง 152.18 due to the sale components in his narcotics arrest; within three months, with hard work and dutiful attendance to Mr. Adkins' advice, diversion was achieved, and the matter is in line to be fully expunged upon successful completion of an eminently achievable program. Client was overjoyed.

State v. M.W., February, 2018

Charges: False Information to Police - Misdemeanor

Resolution: Stay of adjudication. The City initially wanted a plea to the sole count of false info to police. This is common for this type of charge. But, the attorneys at North Star leveraged their strong relationship with the prosecuting attorneys and a sound negotiation strategy to land this needful result for a teacher. As a result of this outcome, the client will maintain a clear record.

State v. A.S., February, 2018

Charges: Indecent Exposure and Disorderly Conduct - Misdemeanors

Resolution: Stay of Adjudication to the Disorderly Conduct charge and the Indecent Exposure charge was dismissed. For a client employed in the financial world that requires state licensures, avoiding any plea or record relating to the indecent exposure was critical. The State's initial offer was a plea. Heeding Mr. Gempeler's suggestion, the client prepared two letters of apology that proved crucial in negotiating such a terrific outcome for a deserving client. It is this type of creativity in negotiations that allows the North Star team to consistently get the right results for our clients.

State v. A.L., February, 2018

Charges: Identity Theft and Financial Card Fraud - Felonies

Resolution: Stay of Imposition to the identity theft charge. Using identity and credit cards belonging to multiple people, our client purchased items from Target and committed other identity theft, totaling in excess of $25,000 - and perhaps even closing in on $100K depending on how the accounting occurred. Nonetheless, after losing a close battle on whether the search of a vehicle was constitutional, Mr. Gempeler negotiated an outcome in which the client is only probation for three years, has no further jail to serve, no fine, and restitution is capped at $6,000 - $1K per identifiable victim as required under the statute - in a joint and several capacity with a co-defendant. Essentially, the client has to just pay restitution and not commit any same or similar offenses and this serious felony case will be a misdemeanor conviction on his record.

K.M. v. C.S., February, 2018

Charges: Harassment Restraining Order - Sought against client

Resolution: Opposing party obtained an ex party harassment restraining order against our client - meaning, the Order was imposed without a hearing initially. Client challenged it and the Order was dismissed prior to the hearing after further investigation and developments led to the opposing party doing what was necessary - dismiss the HRO without the hearing. Client was incredibly stressed with this challenging situation and grateful for the patience and guidance of North Star in not only fighting for her, but in getting the right result.

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