State v. F.M.

January, 2023
Charges: Escape from Custody - Gross Misdemeanor; Probation Violation in separate DWI matter

Executed sentence on the underlying probation violation matter and a stay of execution with no additional time to serve on the Escape from Custody case. The client absconded from custody after not returning to jail from work release. He was on the run for a year before getting picked up on a new crime in a different county. This was also a second violation of his probation for the underlying DWI. In a county known for being unfriendly to defendants, the North Star team litigated this matter and worked hard on a strong sentencing argument in what was otherwise a lost case. The County Attorney requested an additional 90 days to be served on the Escape charge after the client was ordered to complete the full sentence of the DWI. After litigating the matter, the County Attorney then asked for a full year to be consecutive to the DWI sentence. Thankfully, Mr. Gempeler made a thoughtful and strong sentencing argument. And the Judge gave our client one final chance, ordering he receive a stay of execution (meaning NO JAIL (which was beyond even our expectations)) on the escape from custody case. The client and his wife are so happy they retained the North Star team to fight for them when they needed an advocate the most.