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Domestic Assault Case Results
To see just how successful our approach is, here are some representative results:
State v. J.B.
June, 2023
Charges: Domestic Assault - Strangulation - Felony; Misdemeanor domestic assault
Resolution:
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.
State v. Z.G.
June, 2023
Charges: Domestic Assault - Misdemeanor
Resolution:
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.
State v. J.B.
June, 2023
Charges: 5th Degree Drug Possession - Felony; domestic assault - Misdemeanor
Resolution:
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.
State v. A.P.
January, 2023
Charges: Two counts of misdemeanor domestic assault, two counts of misdemeanor assault, and one count of disorderly conduct
Resolution:
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.
State v. S.W.
December, 2022
Charges: Harassment Restraining Order Violations - misdemeanor - THREE separate cases
Resolution:
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.
State v. Confidential
November, 2022
Charges: Domestic Assault, Disordery Conduct
Resolution:
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.
State v. M.W.
November, 2022
Charges: Order for Protection Violation - Misdemeanor
Resolution:
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.
State v. B.T.
April, 2022
Charges: Domestic Assault by Strangulation - Felony; Domestic Assault - Misdemeanor
Resolution:
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.
State v. D.H.
April, 2022
Charges: Order for Protection Violation (x2) - Misdemeanors
Resolution:
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.
In re Welfare of the Child; State v. S.W.
April, 2022
Charges: Combination of child custody and domestic abuse type crimes.
Resolution:
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.