Case Results

State v. S.O., April, 2018

Charges: Theft and Theft by Swindle - Gross Misdemeanors

Resolution: Stay of Adjudication to the theft count and the theft by swindle count was dismissed. The case involved a concerted effort between our client and a colleague who stole merchandise from a retail store they worked at. Any workplace theft is a serious crime that prosecutors are want to give any sort of meaningful deal, let alone one that would keep a conviction off the defendant's record. Due to the great relationship North Star has developed with the City over the years and the proper approach, the client is afforded the opportunity to keep her record clean and her future bright.

State v. V.X., April, 2018

Charges: 2nd Degree DWI - Gross Misdemeanor

Resolution: Plea to a 3rd Degree DWI. The initial offer from the State was for 45 days to be served in custody - a truly terrible offer for a second-time offender. Through North Star's strategic approach, the client was afforded an opportunity to plead to a 3rd Degree, with no jail to be served. Importantly, the plea to a 3rd Degree now positions the client to seek the return of her vehicle that was pending forfeiture on the conviction to a 2nd Degree. This last part was the primary goal of the client. Another client more than satisfied with our diligent and aggressive defense.

State v. J.P., April, 2018

Charges: 3rd Degree DWI - Gross Misdemeanor

Resolution: Acquitted of the driving under the influence count after a jury trial. Convicted of the .08 or more count. Due to the loss of license that would result from any conviction, the client was forced to take this case to trial, despite not have much of a legal defense. Still, Mr. Gempeler crafted a creative argument and defense to beat one of the counts. This proved crucial when arguing sentencing. The State sought jail time and house arrest, consistent with the statutory minimums. Armed with the acquittal, Mr. Gempeler successfully argued for no jail and only house arrest, plus a shorter probationary period. Even when you lose at trial, you can win in the long run with a sentence better than what the State was offering.

State v. T.L., April, 2018

Charges: 1st Degree Arson - Felony, Mandatory Prison Commitment

Resolution: Stay of Imposition to an amended count of 3rd Degree Arson. In addition to getting a stay of imposition in which the client's criminal record will be a misdemeanor after successful completion of probation, the State also agreed not to charge an additional felony count. The client has half the time in jail the State was requesting and minimal conditions for her to follow in order to earn that misdemeanor record. For a single mother with a bright future, the client was thrilled to avoid prison and a felony record.

State v. M.H., April, 2018

Charges: 4th Degree DWI - Misdemeanor

Resolution: Plea to amended count of Careless Driving. Client received no jail time or even community work service to be completed. The fine was only $100 and the client only needs to complete the standard conditions while on one-year probation. With no meaningful defense to the charge, obtaining this incredible outcome to a non-DWI offense is exactly what the client deserved and needed to avoid this impacting her bright future.

State v. S.B., April, 2018

Charges: Various traffic - Gross Misdemeanors

Resolution: Dismissal and Count reduction. A client with several decades' worth of driving mishaps sought Mr. Adkins' assistance, after years with another lawyer, hoping to avoid a long local jail sentence. He didn't serve a DAY, and his matters are concluded with nothing more than a bit of community service to complete, and he achieved something he hasn't had in all that time--a valid driver's license. We will work tirelessly to put you to rights, with a license, or insurance, or the interlock, or therapies and counseling of a variety of descriptions, to get you onto your feet and avoiding further complications. No firm has more resources, or more energy, to assist you.

State v. L.B., April, 2018

Charges: Felony domestic strangulation; Gross Misdemeanor Child Neglect; two Misdemeanor Domestic Assaults - Crow Wing County

Resolution: Dismissed. County attorney dismissed the case prior to a contested hearing challenging probable cause on one count. Mr. Gempeler, after thorough investigation into the facts and discussing strategy with the client, developed an alibi defense that was provided to the County Attorney prior to the hearing. After considering this evidence, alongside the allegations of the complaining party, the County Attorney determined made the right decision and dismissed the entire case. Obtaining a dismissal at such an early stage is rare because prosecuting attorneys want to assume their cases are worthy of a jury's consideration - even when they know they don't have strong cases. Mr. Gempeler's thoughtful and respectful approach was key to earning this outcome and getting the prosecutor on his side when making the decision to dismiss the case.

State v. A.S., April, 2018

Charges: 3rd Degree DWI - Gross Misdemeanor

Resolution: Plea to an amended count of 4th Degree DWI. Client blew a .20. Minneapolis City Attorney refused to offer anything less than a plea to the 3rd Degree as charged, while asking for a significant amount of STS to serve. Seeing not much of a benefit to taking this deal, Mr. Gempeler pushed the case to a jury trial date, at which the offer improved dramatically to this misdemeanor result. For a first-time offender and an individual that took all the right steps following the incident, this was the just result and one that we fought for all the way to trial.

State v. R.B., March, 2018

Charges: Misdemeanor Domestic Assault

Resolution: Stay of adjudication to an amended count of disorderly conduct. The State initially asked for a plea to the domestic assault as charged. After following North Star's advice on how to be proactive in addressing potential chemical dependency and mental health issues, the client sought regular counseling that demonstrated to the prosecutor and the Court that he was worthy of a second chance. The client pled guilty with no assurances to the stay of adjudication. But, after taking the proper proactive steps, Mr. Gempeler was able to make the persuasive argument at sentencing to get the critical stay of adjudication the client needed to keep his record clean.

State v. R.B., March, 2018

Charges: Domestic assault - Misdemeanor

Resolution: Stay of adjudication to an amended charge of disorderly conduct. The State was initially seeking a plea and long-term conviction. But, through a smart proactive approach to treatment and counseling, the State believed in the client's future and want to keep his record clean. The result is moving the State off its once firm offer to an outcome that was exactly what we set out to accomplish. The client is thrilled for the opportunity to earn a clean record.

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