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Minnesota Domestic Assault Case Results
To see just how successful our domestic assault attorneys are, here are some representative domestic assault case results:
Stay of adjudication to an amended charge of disorderly conduct. Upon successful completion of the one-year probationary period, the client will maintain a clean record and not lose his gun rights privileges. The pre-sentence investigation recommended random UA's. Mr. Gempeler successfully argued against the imposition of this condition even though alcohol was undoubtedly a factor in the alleged conduct. It is this diligence and driving force to always fight for his clients that lead to Mr. Gempeler regularly obtaining favorable results.
Stay of adjudication to a new count of disorderly conduct in violation of Minneapolis City Ordinance. The domestic assault charge was dismissed. For a service member, avoiding a conviction was imperative in order for him to advance and rise in rank. And because the plea was to an ordinance disorderly conduct, this will not impact his gun rights. Both were the main priorities for the client and obtained, despite the State's first two offers being much worse. Finally, at sentencing, probation recommended a chemical dependency evaluation, random testing, and the possibility to impose anger management and/or domestic abuse programming - none of which were imposed by the Court after careful arguments against imposing them.
Expungement granted. The client had little to no actual burden resulting from a domestic assault conviction out of Hennepin County. But, after working with his client to build the case, Mr. Gempeler emphasized the strides made to save the client's marriage (the victim was his wife) and to rehabilitate himself. And with the help of citing key statistics about how a record is likely to impact job applicants, the Court made the tough, but right decision in granting the expungement.
Dismissed. Through diligent investigation and strategic negotiations, Mr. Adkins was able to obtain a complete dismissal of this serious criminal charge. Facing numerous collateral consequences stemming from this charge, the client will now avoid all of it. A dismissal is a rare result, but it can be obtained with the right team.
Stay of adjudication. The client was facing two new cases out of a different county at the time this matter was resolved. Despite these two other cases, Mr. Gempeler was able to obtain this result after carefully scrutinizing the evidence and leveraging critical facts during negotiations with the prosecutor. By obtaining this incredible result - one in which the matter will be entirely dismissed if the client abides by the conditions of probation - the client is also positioned to get the two other cases resolved in a favorable manner.
Continuance for Dismissal. This remarkable result was obtained even in spite of the fact that the Defendant had a history of felonious behavior with the complaining witness. Yet, after strenuous litigation over the admissibility of a putative confession, and repeated demands for a guilty plea or formal trial, the Court granted Mr. Adkins' request for a continuance for dismissal, with no findings of fact, and a turnaround of six months--not the typical two years. Client is thrilled; he gets to keep his Second Amendment rights intact, which were of paramount concern to him.
Stay of adjudication on misdemeanor counts only. Mr. Adkins was able to achieve this incredible resort with a short probationary period as well. And, if the client, as anticipated, successfully completes that period without violating his terms, the matter will be dismissed outright on motion of the prosecutor, and thereafter be eligible for potential expungement. This, notwithstanding the case starting out as a mandatory-minimum jail, and possible prison-commit matter; the judge did announce, as he placed the matter on hold for six to twenty-four months, that Mr. Adkins had "achieved a remarkable resolution" for his client. It's always nice to even impress the Judge.
Stay of adjudication to a city ordinance violation of disorderly conduct. Client faced his second domestic assault charge in a two-year span involving the same complaining witness. Mr. Gempeler leveraged a possible self-defense claim and information he learned through the complaining witness to obtain this incredible outcome. The client is thrilled to be able to walk away without a criminal record after these two serious allegations were levied against him.
Misdemeanor outcomes. Client's long-term relationship dissolved poorly, multiple felony counts resulted, Then two separate DUI matters allegedly occur. An utterly inclusive and long-term commitment to sobriety, and verification of the same, changed the tenor of the case completely, and a presumptive prison sentence was avoided completely. Client is able to maintain employment, keep his home, recover his work truck, and move on with his life, and was overjoyed with his results.
Stay of adjudication to the disorderly conduct, with an agreement to expunge the record when eligible. With the client in the midst of a divorce with the alleged victim, obtaining a non-conviction result was critical. Even after obtaining this great result, Mr. Gempeler argued successfully against probation's recommendations for domestic abuse programming. Instead, the judge credited the client for having completed anger management and did not impose any additional terms of probation. The client is set up to succeed and get back on her feet.
The client pled to three misdemeanor charges:
- Obstruction of Legal Process;
- 4th Degree DWI;
- DANCO Violation.
The client has no jail time to serve and must complete standard programming for chemical dependency and domestic abuse. This was an incredible result for a client that, at one time, had five pending domestic-related matters.
In the end, he will have no new jail time, minimal fines, and be on probation with standard conditions. For a young man with no criminal record, limiting the damage to only one domestic-related conviction, a single DWI, and an obstruction charge, is a home run.
The client is ecstatic and thrilled with this outcome.
Case dismissed on the first day of trial. The State requested a late continuance, which was successfully opposed by Mr. Gempeler. Preparation was key, for not only being trial ready, but also to be able to make the correct arguments opposing an often granted continuance request. Due to the denial, the State could not proceed at trial and the case was dismissed. Mr. Gempeler also wisely laid a record to assist in defeating a potential re-filing of the charges due to bad faith by the State. This was a critical result for a client facing possible deportation with any conviction stemming from these allegations.
Client pled to a petty misdemeanor - a non-crime by law - disorderly conduct. In this matter, artful management of the court calendar and careful redemptive efforts by and for a thoughtful client resulted in all criminal counts being dismissed in favor of a petty plea, and a small assessment of costs. No other consequences will ensue, and the client is ecstatic. Considering the serious nature of the alleged offense and the consequences that can ensue from it, this is a remarkable result obtained by the attorneys at North Star.
North Star has become literally the place to go for assistance via a furlough to inpatient dual-diagnosis treatment and therapies. Both of these clients--staring a months-long delay in custody with bail that simply could not be posted (or on hold-without-bail, worse yet), prior to trial and potential long prison sentences--received judicially-approved placement at treatment facilities that may well keep them out of any further custodial time, while North Star attorneys work feverishly on soft landings or a favorable trial strategy. No firm, literally no firm, has the record that North Star has created in this field.
Charges were never filed against our client. The client was diligent in retaining North Star on the day of the alleged incident. Because of this, it afforded an opportunity for Mr. Gempeler to contact the local prosecutor prior to charges being filed (in fact, he caught the prosecutor at the time he was drafting the Complaint). Credit to the prosecutor in allowing us time to provide some critical information that he promised to consider prior to filing charges. Based upon this and thoughtful and assertive negotiations, an agreement is in place for the client to never be charged with the domestic assault. This is an incredible and necessary result for a client that needs licensing through the Dept. of Human Services. Even the charge of domestic assault would likely lead to disqualification, regardless of how the criminal case would be resolved. This outcome had never been done before with the local prosecutor. Yet, Mr. Gempeler employed the proper approach and was persistent with negotiations to secure this outcome. A great start to the new year!
Continuance for dismissal for 180 days. No fine, jail, community service, or lengthy conditions. The client had already completed 30 days of house arrest as a result of a probation violation stemming from these allegations. Using this as leverage and the new progress of the child in getting back on track in school and his personal life, Mr. Gempeler obtained this rare result - a dismissal.
Dan and James worked together to not only resolve this matter via a continuance for dismissal--relatively rare for a crime wherein actual battery is verified--but executed a full and final expungement of the matter on the anniversary of the agreement. Client now moves forward with no record whatsoever, and the family he created can carry on without the burden of a criminal notation.
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.
Stay of adjudication to a misdemeanor domestic assault. For a registered nurse, avoiding a permanent record permitted the client to keep her nursing license and preserve her good record. Such an outcome was hard to come by with a prosecutor that was dead-set on getting a conviction. After lengthy negotiations and setting the case on for trial, the North Star team finally obtained the appropriate outcome for a deserving client. It's this diligence and willingness to fight that led to this fantastic outcome.
Stay of Adjudication result out of Hennepin County. Tough facts, including damning photographic evidence, became less important than a thoroughgoing approach to counseling and reconciliation between the parties, and a thoughtful prosecutor. Remember, a victim doesn't control the charging decision any longer, if they ever truly did; even more important, the State retains full authority to take a case forward, including to trial. It takes a careful, highly experienced hand to manage a complex assault matter, even with a recanting or reluctant complaining witness/'victim,' so do NOT assume a case will be dismissed without extreme care and planning, and a lawyer from North Star.
Continuance for dismissal. Client is a young woman who is a licensed nurse in the state. A domestic assault conviction would effectively end her young career. Heeding Mr. Gempeler's counsel, the client sought mental health treatment that proved critical to obtaining this necessary result. The State initially offered a great outcome, but one worse than the one achieved. Most defense attorneys would've seized this first offer and been pleased with the result - not Mr. Gempeler. He knew a better outcome was available and knew how to negotiate to get this better and amazing result on behalf of a deserving and needful client. Now, there is no record of any plea or conviction and the client maintains her perfect criminal record.
Resolution of a case described below in greater detail, with a one-year commitment to state hospitals and an initial declaration that the client was incapable of proceeding due to mental illness. Client exited the hospital directly into in-patient treatment and his parents' home, and has recovered magnificently well. No additional jail, and NO PRISON, required of him, he will stay free so long as he stays on top of his medications and avoids re-arrest. This could easily have been an attempted murder and a sentence literally decades in length, had the wrong lawyer been responsible. A defining win for Mr. Adkins and North Star.
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.
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.
Dismissed. Client was aggressive in getting therapies in place after a poor choice of conduct, and his supportive spouse assisted Mr. Adkins in getting this matter dismissed outright well in advance of a trial. Like theft or perjury counts, domestic assaults have MASSIVE consequences even beyond jail and a jarring record of arrest/conviction. The collateral consequences here, including permanent loss of gun rights, would have been disastrous for the client, who can now continue his life, and any future job search, without fear of his Second Amendment rights being crushed.
Continuance for Dismissal. For a minimal cost, the client will earn the right to keep her record clean. While the North Star team built up a self-defense claim, it was still able to negotiate the guaranteed outcome that was most critical - a dismissal. On top of that, the City agreed to expunge the record immediately upon satisfaction of the terms of the deal. A truly great outcome.
Continuance for dismissal to an amended count of disorderly conduct. The client had no criminal record, but had engaged in rather poor behavior overall (though the assaultive behavior was not severe) due to a multi-day alcohol binge. The client was extremely proactive in addressing his underlying alcohol and mental health issues. With this, the North Star team leveraged their good relationship with the prosecutor and obtained this incredible outcome for a needful client.
Stay of Adjudication to a single misdemeanor domestic assault. The terms of probation are minimal - no use of non-prescribed drugs or alcohol and testing upon demand. That's it. No jail. No community service. No domestic abuse programming. A small fine. For a hard-working father of several girls that were all supportive of him, obtaining this outcome was important for the family to continue its healing process and move forward from this off night.
Further proof that North Star has become the ONLY place to take a family member or friend with a raft of open matters, facing a multitude of sentences for a rash of misconduct. This client faced a massive hit in a neighboring state for violations of parole, and had enough open cases in Minnesota to face an almost larger term HERE. Mr. Adkins worked with prosecutors all over the state to reduce her exposure to no additional jail time, and prepared her to return to a program back in her state that will permit her to be home for the holidays this Fall. When you need your lawyers and their team to handle this sort of complication, and this many opposing prosecutors and cops, you'd be foolish not to call North Star. We have perfected this challenging effort.
Mr. Adkins was able to resolve this complex felony for a continuance for dismissal on misdemeanor grounds, after assisting the complaining witness and his client to create a creative resolution not only to the criminal case, but also the custody battle that had been starting up when the offense conduct occurred. If your matter has family-law considerations, you need to contact North Star RIGHT AWAY, so a coordinated approach can be instituted and your rights protected from the start. Client was overjoyed, and his initial attorney's claim that no defense existed proved utterly inaccurate.
Probation. This client was, shall we say, not quite ready for prime time, and continued to reside with his accuser, for many months after initial arrest. After intense and repeated negotiations, the felony was resolved as a Stay of Imposition (probation) with a modest jail term and staggered sentencing going forward, several DANCO violations dismissed, and the DANCO itself now formally removed. North Star is equal to all emergencies, and can handle any developments, including clients not quite ready to succeed.
Mr. Adkins succeeded in getting this order dropped, after providing opposing counsel ample evidence to rebut her claims on behalf of her client. This avoids the collateral consequences, including a loss of gun rights, that almost always ensue from these civil/family orders. If you are served with a petition for a harassment order or a family-court order for protection, do not delay in calling Dan or James, and do NOT seek to handle this matter alone. Attorneys are essential to rights-protection generally, but nowhere more clearly than in these contentious matters.
Client released, returned to probation. This seemingly endless matter, involving a high-profile assault, an intervening DUI, multiple failed urinalysis tests, and other alleged acts violating probation could have meant a trip to prison for this troubled but engaging client, if not for Mr. Adkins' intervention and creativity. It is never not time for North Star to assist, and both James and Dan are regarded statewide as experts in solving these types of problems. We utilize state of the art therapeutic evaluators and providers, and cutting edge technology for these purposes, and our success rate is unmatched. We are soup-to-nuts problem-solvers, and this particular client is out of custody and working a plan to stay that way.
Plea to a tab charge of disorderly conduct and stay of adjudication on a domestic assault charge. The DANCO case was dismissed entirely. And no DANCO was issued during the pendency of the client's probation. This last part was absolutely critical because the client is a military member and the presence of a DANCO would result in the loss of his firearm rights and being out of the Army. And this plea agreement provided him a chance to avoid a domestic conviction, which again would have jeopardized his military career. Most cases where a DANCO violation is added to a domestic charge result in at least one conviction to a domestic type charge. The North Star team avoided this and saved this client's future with the Army.
Stay of Adjudication to the bottom count of disorderly conduct. On top of that, the probationary term is only 6-months, compared to a year, and the client is on unsupervised probation. The end result is the client will not a conviction, despite the five charges. For a young man planning to pursue a masters program, getting this outcome was critical.
Case Dismissed. The North Star team raised a self-defense claim and utilized the mental health treatment the client was undergoing to negotiate the client to a great offer leading up to trial. Yet, it wasn't good enough and the defense knew that the complaining witness was not responsive to the State. With a trial date set, the State knew it had to dismiss the case due to both the self-defense claim and the complaining witness's absence. A much deserved and needed victory for the client.
In the latest example of global-deal/high volume case-per-client litigation, Mr. Adkins successfully kept a young man out of prison, notwithstanding more than eight (!) open felony matters alleging inappropriate contact between his client and a number of domestic partners. Client faced multiple years, up to a decade, in prison, and actually served no more than the sixty days he spent voluntarily in treatment and aftercare. Client is back to work, sober, safe at home with his father, and overjoyed that he found North Star Criminal Defense.
County Attorney's office DECLINED TO CHARGE the client and even went so far as instructed the investigator to immediately release the client from custody. Within hours of being retained, the North Star team gathered sufficient information from the family to relay to the County Attorney who was in the middle of reviewing the file for charging. With this additional information, the choice was clear - this client needed to be released without charges immediately and returned to her family. The family was overjoyed at this news and emphasized they were right to choose our team over other firms they were considering. Another case where the North Star team's immediate hustle and tenacity leads to another incredible result.
No formal charges. The client contacted North Star within hours of the alleged incident happening. Immediately, our team got on the phone to contact the prosecutor. In doing so, we bought time to provide additional information for the prosecutor's consideration when making a decision whether to charge our client or not. Based upon the information provided, the prosecutor gave our client the opportunity to earn the chance to never be charged with the domestic assault. Our client eagerly completed the requested proactive steps, leading to the prosecutor to formally acknowledge that she will never be charged. This was an absolutely critical outcome for a person in the nursing field, where even a charge of domestic assault can lead to the possibility of losing her career. What makes this outcome that much more impressive is that the prosecutor commented that he had never, in his several decades as a city prosecutor, done anything like this before. Needless to say, the client was thrilled that she immediately got the North Star team on her side.
Dismissed. The client was charged with a first-time domestic involving his wife. Their decades long relationship was leading to a divorce, with this incident serving as the rock bottom point. But, the response by the family was remarkable. Proactive steps, including weekly meetings with their pastor and completing an anger management course, allowed the family to heal and rebuild their relationship. And despite living in the country for a long time, the client was just in the process of finishing his application for citizenship. The fear was that anything other than an outright dismissal could negatively impact his application, including the possibility of deportation. Understanding this, Mr. Gempeler and the North Star team developed a strategy that positioned the client for this dismissal -—via negotiations. There was no defense. This outcome was obtained through both the strong and trust relationship with the prosecutor, and an understanding of how to best approach the negotiations to get such an incredible and atypical result.
Stay of Adjudication to a misdemeanor domestic assault and the remaining counts are dismissed. On top of earning the opportunity to keep his clean record, the terms of probation are basically non-existent - pay a small fine and remain law abiding. Because of this outcome, the client has no job consequence and can maintain and continue to build his relationship with his son, who was caught up in the incident - allegedly. Notably, this case was in a county that Mr. Gempeler had yet to appear in. Yet, he was quickly able to earn the respect and trust of the County Attorney and negotiate this incredible result, showing that our approach translates to success across the State, regardless of our prior history in any one county.
Stay of Imposition, Vacate and Dismiss, to an amended count of disorderly conduct. This means that, once the client successfully completes probation, the conviction will be vacated and the case is dismissed. This is another perfect example of the North Star team doing exactly what is necessary and in the client's best interests. The reason why is there was another offer that may have been considered better from a true legal standpoint. The client was offered a stay of adjudication to a domestic assault charge, which means he'd never be convicted of anything. But, after consulting with his employer, the vacate and dismiss of a disorderly conduct was the better outcome for him. The North Star team always knows to get the big picture from the client to understand exactly what's at stake and how to get through it the best possible way. Every client is a new, unique client that deserves the attention and respect they need. No two cases or outcomes are the same. And in this case, the vacate and dismiss was the best possible outcome, given its unique facts and circumstances.
Misdemeanor conviction. Client facing a life-altering felony obtains an agreement from a very conservative county attorney's office to reduce all counts to a misdemeanor. Notwithstanding virtually no available defenses, and a full (and admissible) confession, Mr. Adkins was able to negotiate a radical reduction in exposure for the client, and even permission for the parties to reconnect and work together again. Client has reconnected with his therapist and made massive advancements on his personal life and issues that brought him to this stage. Wonderful stuff.
This client, facing more than a decade in prison (at mandatory minimum levels!), ended up getting released from local jail after less than six months, due to the thoughtful and hustling intervention of North Star and Mr. Adkins. Creative therapeutic options created an increased trust level for the judges involved and quieted the shouting from prosecutors; even where the facts are damning, and actual defenses don't exist, North Star and this team of pros can achieve results other firms couldn't imagine, let alone create.
No further jail, probation only. This client, facing an armful of complaints alleging improper contact with ex-partners, was looking at a long stint in prison, for even one contested conviction. Instead, he has a single concurrent term of probation, with exceptionally workable terms, and has been released to complete in-patient treatment and begin an aggressive aftercare program to both secure and protect his sobriety and to forestall any similar missteps with law enforcement in the future. Client has already signed a contract in his chosen field, and looks to be moving remarkably forward from his challenges. North Star lawyers work closely (when possible) with thoughtful prosecutors and creative probation advisers to reach the best possible outcomes, with the least amount of risk and fear of judicial mistakes.
Case DISMISSED. Client was facing a serious domestic-related charge for pocket-dialing his ex-wife who had obtained an order for protection against him. Complicating things is the fact that the pocket-dialing occurred when the client was at a gun range. Certainly, the prospect of potential intimidation for the protected party was a primary concern of the State. Nonetheless, the North Star team utilized the progress and closing of the family law matter to the client's benefit in negotiating and convincing the prosecutor that dismissing the case was the proper and just result. Needless to say, client is overjoyed to avoid a criminal record from a truly innocent mistake.
Plea to the 4th Degree Assault, sentenced as a misdemeanor, and the disorderly conduct case was dismissed in its entirety. On top of this great outcome, the client was ordered to do no further time in custody or community service - despite probation recommending an additional 120 hours of community service. The fine was the bare minimum that could be imposed, too. The client is battling alcoholism, which led to these charges. She was also on probation at the time of the incident for a felony 4th degree assault of a police officer and picked up a DWI, too. Despite all of that, the North Star team successfully negotiated this a misdemeanor outcome. Proactive steps by the client are instrumental. And this client did everything she could to earn this outcome.
Client received a deferred judgement of conviction - the equivalent of a stay of adjudication in Minnesota - to the disorderly conduct charge solely, as the domestic assault enhancer was dropped. For a young man that intends to pursue further schooling, maintaining a clean record was imperative. Yet, with a motivated complaining witness and no true defense for pre-trial litigation, the North Star team was able to negotiate this fantastic result, which not only gives the client a second chance, but minimizes his risk in the process too. The client was very pleased to have the North Star team by his side - even in Wisconsin.
In a change of pace, Mr. Adkins was retained by the complainant wife in a domestic assault case, to seek a removal of all Domestic Abuse No Contact Orders (there are two open cases for this same fellow). Mr. Adkins engaged careful and creative motion practice, crafted a compelling affidavit for the wife, and convinced a terribly conservative judge to remove nearly every restriction on the couple as they attempt reconciliation. Even if your loved one hires alternate counsel, we may be able to obtain positive results for you; it never hurts, and it never costs a dime, to contact the lawyers at North Star to discuss next steps and the best ways forward. Smashing results for folks that deserve the same.
Continuance for Dismissal. This matter, concerning a new mom and her partner navigating allegations of battery and threats, could have been catastrophic. Instead, after careful and creative negotiations, the matter has been continued for dismissal. After the payment of mild prosecution costs... and no other sanction, our wonderful client can continue with an amazing life; she won't face 1. crushing impacts on her employability, or 2. impossibility of an apartment lease or a home mortgage, or 3. the permanent loss of her right to possess or carry a firearm, in a case that was looking like a necessary (and complicated, in light of ample photographic and other evidence of the assault) jury trial. Indeed, Mr. Adkins obtained this agreement from perhaps the most conservative prosecutor in the county, perhaps in the state, due to kickass negotiating talent.
Stay of adjudication to the lowest count, disorderly conduct, with minimal terms and requirements while on one-year probation. For someone facing a gross misdemeanor interference with a 911 call and having admitted to many of the allegations, this is an incredible result. Despite these challenging facts, the North Star team leaned on its great relationship with the prosecutor and persuaded her that this was the just and right outcome for the case. The client could not be happier he chose North Star Criminal Defense to fight for him and to get this result.
Continued for dismissal. Client was alleged to have violated an OFP that protected the ex-wife of the protected party. The allegations had holes in them and investigation into the accuser revealed damning information that led to an ability to leverage this rare, but outstanding outcome. The client was thrilled to avoid the risk of trial and get a resolution that included no risk and just time until the case is ultimately dismissed. He is thrilled he retained the North Star team to guide him through this maze and get him back on his feet.
Stay of Adjudication to a Disorderly Conduct charge. Mr. Adkins was retained by a long-ago former client, who had utilized a number of other high-profile firms for her criminal interactions in more recent years. In this matter, after beating her partner bloody with a shoe, she was certain she faced weeks in local jail and a set of onerous conditions on probation. After careful negotiations and aggressive orientation toward therapy and treatments, Mr. Adkins secured a stay of adjudication on disorderly conduct, an incredible result--made all the more remarkable for the prosecutor involved, a former police officer known for his inflexible approach. We mean business, at North Star, and our results continually prove this out.
Stay of adjudication to one misdemeanor domestic assault charge and two misdemeanor domestic assault convictions. The felony domestic assault by strangulation charge and third case of violating an order for protection were dismissed. This is a remarkable outcome because the initial offer was to plead to the felony count and serve custody time. But, the North Star team raised a creative and new argument that the strangulation count was a specific intent crime, thereby allowing the client to raise a voluntary intoxication defense at trial (which was clear as day that he was seriously impaired). The county attorney initially scoffed at such a motion. The Court did not, though, and agreed with our arguments. That was a game-changing motion as it led to a plea deal to non-felony counts, no additional jail time, and the dismissal of a third case. And after the client successfully completes probation, the stay of adjudication will result in a dismissal of the second case entirely, too. The client is thrilled with the fight given to him by the North Star team.
Case Dismissed. This was a unique case in how it proceeded after the incident. Clearly showing that he was not the victim in the alleged dispute, the complainant repetitively contacted our client through all channels of communication with threats, thoughts of making up, and other mental health concerns. The client never responded, as ordered to due to the no contact order. And, on top of abiding by her conditions of release, our client sought therapy to help gain a better understanding of herself and the relationship. With the continued volatility of the complainant and our client's proactive and smart steps, the prosecutor realized this was not a case to pursue and dismissed it well before a trial was even scheduled to begin. Another great win for the North Star team and a most deserving client.
Case dismissed. The client had a viable self-defense claim and the allegations were nebulous, as well. We pushed for a trial, knowing the complainant had a history of false allegations and not further pursuing them in the criminal justice system. The North Star team successfully negotiated an almost no-lose proposition with the State. IF the witness reasserts herself, they would still offer a diversionary outcome, which would still mean no conviction. As the trial approached, the North Star team corresponded with the prosecutor about the case and he ultimately realized the right decision was to dismiss the case entirely. Another fantastic result by the North Star team.
Domestic assault diversion program, which will result in an outright dismissal of the case after a brief probationary period. The client was facing serious allegations of threatening her husband's life with a knife. The North Star team's immediate involvement helped get the client on the right track with proactive steps and verifiable sobriety. The result is that we had the leverage to push for this unique and rare outcome. Our understanding is that the County Attorney's office has only permitted less than a handful of matters to enter this relatively new diversion program. Thankfully, our creative efforts and the trust they had in us and our client paid off.
HRO's dismissed, and a mom and her daughter are reunited over strenuous objection from a belligerent father. North Star handles family matters with the same care and attention as the criminal cases, particularly where the two types collide and overlap. Messrs. Adkins and Gempeler worked mightily hard to protect this mom on all fronts, and to advocate for her artfully and well. One of the more meaningful victories, because so many people are affected and lives so strongly improved.
Plea to one case, the other two dismissed. No time to be served, minimal fine, and probation conditions that are more than manageable for a client that took to treatment, gained sobriety, and is back on the right track. What could have been a devastating situation with three separate violations, is now simply one conviction due to the fight from her North Star team. She is beyond happy she chose us to counsel her and give her back a future she can prosper in.
Stay of adjudication to one count of assault. Making this outcome even more remarkable is the fact that we avoided the requirement for domestic abuse programming that was recommended by probation in the pre-sentence investigation is usually imposed for any domestic assault case. The proactive steps - advised to be taken by the North Star team - proved to be the difference in both the negotiations and "sentencing." Now the client can keep his record conviction free thanks to this incredible result.
Stay of adjudication to both counts, meaning the client will not be convicted of anything following this incident so long as he complies with minimal and easy terms of probation for just one year. The client had zero defense, as his ex-spouse's therapist witnessed the incident via a zoom meeting. Despite the evidence completely working against him, proactive steps and the thoughtful approach from Mr. Gempeler yielded this critical and incredible outcome for a deserving client.
Stay of adjudication to an amended count of disorderly conduct. The client was alleged to have broken the door to enter his daughter's room during a disagreement over social media use. The client was impaired at the time and struggling with alcohol, to say the least. He self-admitted himself into extensive alcohol treatment, achieved sobriety, and re-established a great relationship with his daughter. All of these efforts and both the Mom's and daughter's support led to North Star pushing for this incredible result. Avoiding any conviction was critical for the client's continued success, sobriety, and desire to hunt with his daughter. Another fantastic result from the North Star team.
Plea to the misdemeanor domestic assault, dismissal of the remaining counts, and no jail time to serve. The client was staring at a presumptive commitment to prison on the felony burglary count. And while the client took some proactive steps toward sobriety - because alcohol was an underlying issue in the case - full sobriety was not achieved. The North Star team raised legal defenses to possibly challenge with the Court, but also successfully leveraged in plea negotiations. The result is this incredible result where the client avoids prison, local jail time, and a long-term felony conviction record. This accomplished everything the client was hoping for, even though he didn't even believe it was possible. Another great result by the North Star team.
Norgaard plea, received a stay of adjudication on the threats of violence charge, stay of imposition to an added count of interfering with an emergency call (gross misdemeanor), and a stay of imposition to the misdemeanor domestic assault charge. This negotiated outcome results in no felony conviction on his record and, instead, just misdemeanor convictions. For an individual facing three serious felony charges, including the second degree assault with a dangerous weapon that would've required a year in prison if convicted, this is a fantastic result. The top priorities for the client were avoiding a felony record and prison time. The North Star team engaged in extensive and creative negotiations over lengthy litigation, ultimately culminating in this deal on the doorstep to trial. Considering the allegations, a motivated victim, and challenging evidence to overcome, accomplishing the client's objectives seemed unlikely to begin, but eventually came to fruition with the strategy implemented.
Stay of adjudication to an amended count of disorderly conduct. This outcome was absolutely critical for our client, as he is in the process of applying for citizenship. Despite no meaningful defense other than disputing the allegations, the North Star team was able to negotiate an outcome that included no jail time, minimal fine, and ensured he can continue pursuing his citizenship without this hindering him. Making this more remarkable is that the initial offer was to a plea resulting in a misdemeanor conviction. We were undeterred and knew how to push for the just and needed outcome.
Case dismissed on the eve of trial. Typically, OFP violations are very challenging to fight because it often is straightforward to prove a violation. Contact is contact. But, in this case, the State was pushing a theory that simply did not add up to a violation based upon the use of the protected party's name in a website domain. Fighting this required a sophisticated knowledge of understanding the internet and how to create and publish websites - something the investigator and prosecutor did not possess. An expert helped solidify the defense and the North Star team applied the pressure as the trial date approached. Finally, the State realized it did not have a case and dismissed the case. Another fantastic result achieved due to North Star's fight and creativity.
Plea to an amended count of Threats of Violence as a gross misdemeanor. This was a remarkably unique outcome that ultimately satisfied all of the client's goals - no jail, minimal fine, and preserved his gun rights upon completion of probation. The client turned down a better plea deal to a misdemeanor assault (non-domestic), but was concerned with losing his gun rights for three years, which state law mandates even on non-domestic assault convictions. So, the North Star team got creative and figured out a resolution that accomplished exactly this. Despite facing serious domestic assault strangulation felony charges and a prior allegation against him, we were able to get a non-jail, non-felony outcome and saved his gun rights from the three-year prohibition. This proves, once again, that the North Star team takes the big picture approach and tailors the strategy to each clients needs. While this is a worse outcome than an offer previously received, it's the right and perfect outcome for this client, which is what matters most.
Stay of adjudication. Client had absolutely no legal defense. He was permitted to go to the protected party's residence with a police escort. Instead, he showed up without the police, even though he called to arrange for such an escort. Needless to say, no excuses and no defense. Making things more difficult was a "victim" that had it out for the client and wanted him to suffer through this case. Thankfully, after providing proof that the protected party had fabricated allegations that formed the basis of her ex parte order for protection, the North Star team was able to convince the prosecutor to give our client the chance to earn this non-conviction with continued compliance with a no contact order and overall good behavior. Client is thrilled to avoid a devastating domestic abuse type record.
Stay of Adjudication. At the first appearance in this matter, less than a month after client's arrest (and complainant's visit to a doctor's care), Mr. Adkins secured a no-jail, no programming, not even a presentence investigation, stayed adjudication--meaning no conviction, no sanction, and expungement eligibility on fast-track terms--for his client. These types of results are exceedingly, increasingly rare, especially in certain counties, which can treat domestic assaults more seriously than many felonies. Mr. Adkins and client are exultant, with good reason.
Stay of adjudication to an amended count of disorderly conduct. The client was charged with a domestic assault-harm for striking his wife in the face. He also significantly damaged his vehicle, too. Needless to say - the evidence was mounted against our client. But, he responded in the perfect manner by addressing the underlying issues, and recommitting to working on himself and his marriage. By doing so, Mr. Gempeler was able to lean into these proactive steps and the continued support of his wife to negotiate this fantastic outcome. And not only was the ultimate dismissal fantastic, but so to were the probationary terms that all but simply obligate him to continue doing what he's already doing as far as mental health treatment. All in all - a truly fantastic outcome.
Dismissed and pled guilty in a subsequent case where he was charged with another domestic assault, but received a stay of adjudication on an amended count of fifth degree assault. With two cases that included a felony strangulation charge and two separate domestic assault incidents, the client is thrilled to walk away with an outcome that results in no convictions on his record. The North Star team litigated a novel issue and was successful in getting a Court to permit at trial evidence of prior false accusations by the complainant. After winning that motion, the State folded the felony case and offered the non-conviction outcome to a client that was prepared to go to trial. But, even he knew he couldn't turn down this incredible offer and ability to eliminate the risk that comes with a trial.