Theft & Shoplifting Case Results
To see just how successful our approach is, here are some representative theft and shoplifting case results:
Charges: Felony theft (out of two counties) and misdemeanor theft from a workplace
Resolution: Client straight-pled one felony case to the judge and was granted a downward departure to a gross misdemeanor sentence. The other felony case out of a different county was dismissed as part of the global resolution. And the client received a stay of imposition, vacate and dismiss, on the misdemeanor case. So, even though he was facing three separate cases (including one more that remains unresolved), the client will have only one gross misdemeanor conviction remain on his record. The sentence is incredibly lenient too – no jail, no house arrest, small fine, and some community service to do. The deserving young man literally changed his life around following these incidents and is sober for over a year by the time sentencing rolled around. That, along with a strong argument for the departure by the North Star team, led to this fantastic result that will allow him to continue to succeed going forward.
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.
Charges: Gross Misdemeanor – Shoplifting
Resolution: Diversion. Client will be placed on a few months of diversion, wherein she only needs to complete some community service and pay a small fee. The typical request to complete a class regarding shoplifting was waived due to the client’s proactive approach in addressing her underlying gambling addiction. The end result is a complete dismissal of the case and a client that is on her way to combating her addiction. This is what matters most to the team at North Star.
Charges: Shoplifting – Misdemeanor
Resolution: Continuance for dismissal. The City Attorney took a firm stance on the offer being a stay of adjudication – a great result that the client would have been pleased with. But, Mr. Gempeler knew a better outcome was obtainable with the proper approach. After counseling the client about ways to be proactive in a manner that could lead to a better result, Mr. Gempeler aggressively negotiated the better result for the client – a continuance for a dismissal. For a client that must disclose her criminal record for her job, the distinction is significant in that she no longer has to state she pled guilty to the offense. The client is relieved that her mistake won’t impact her future due to the aggressive approach by Mr. Gempeler.
Charges: Fraud/Theft by Deception/Receiving Stolen Property – Felony
Resolution: Case out of Washington County was Continued for Dismissal/Diverson. An outstanding client gets a better result. Complex facts, unfortunately rather easy to prove as misconduct and insurance fraud, was disproven sufficiently by aggressive investigation and outstanding work by North Star support staff for the State to offer a short-term dismissal program, no guilty plea required. Client, a professional and highly concerned about his reputation in the community, can move forward with confidence and a clean sheet. One of three ideal outcomes, on the same morning in Washington County.
Charges: Shoplifting – Misdemeanor
Resolution: Continuance for Dismissal. Shoplifting (theft) case out of Anoka County. Besides an outright dismissal, this is the best possible result a client can achieve in their case. Assuming our client stays law abiding for a year, this case will be completely dismissed and stay off their record.
Charges: Felony Theft
Resolution: Diversion and dismissal. Client was charged with a workplace theft – a serious offense that would have a long-lasting negative impact on his ability to gain employment in the future. The client was not eligible for diversion, thereby facing an offer to plead guilty to the offense as charge. Do to North Star’s diligence and careful discussions with the County Attorney’s office, the client became eligible for the diversion program more than a year after the alleged incident. The client is now able to keep a clean criminal record and stands a good chance to get an expungement of this record soon after he completes the diversion program.
Charges: Theft Counts (Career Offender)
Resolution: Both North Star attorneys took turns assisting this vital client, whose history is literally arms-long relative to prior theft and other turpitude-style convictions. Initial offers from prosecutors started at statutory maximum jail terms, or multiples thereof; the cases were eventually resolved for petty misdemeanor fines, no jail, no additional criminal conviction, and the still-young lady can continue her phoenix-like rise via treatment, employment rehabilitation and a completely spin-dried group of friends and associates. Both James and Dan like nothing more than to participate in a complete makeover for troubled clients, and they have rarely been as successful as here.
Charges: Misdemeanor Theft
Resolution: Continuance for Dismissal. The terms of the agreement are minimal – small fine, no entry at place of theft, and no same or similar incidents (a non-issue with a clean record before this incident). With the client facing the possibility of losing her job if there was ever a plea or conviction, this was the necessary result obtained through the appropriate approach by North Star attorneys.