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Gross Misdemeanor
To see just how successful our approach is, here are some representative results:
State v. A.W.
November, 2024
Charges: 2nd Degree DWI - Gross Misdemeanors
Resolution:
Plea, but no jail to serve, minimal fine, and credit for treatment and programming. What makes the result so fantastic for the client is that it avoids the statutory requirement of 30 days in custody. The client had maintained sobriety for over a year and was desperate to avoid serving time in custody, which worried her for maintaining her sobriety. After efforts to get her entry into DWI court were rejected due to her residing in Ramsey County, Mr. Gempeler worked with the prosecutor to get creative and deliver this most needed outcome. Now, the client maintains her sobriety and network of support with a sentence that does not interrupt it. She continues progressing and moving forward advantageously in life due to the creativity and doggedness shown by the North Star team.
State v. M.W.
November, 2024
Charges: 3rd Degree DWI - Gross Misdemeanor
Resolution:
Plea to an amended count of a misdemeanor DWI with credit for time served, the minimum fine, and probation to the court. For a client with a .20 reading and no viable defenses, achieving a misdemeanor and these terms of probation are fantastic. This goes to show that the North Star team continues to get great results, even when there is nothing from which to really work with to get these outcomes. Another satisfied client ready and anxious to move forward with the minimal impact on her future.
State v. S.R.
November, 2024
Charges: School Bus Stop Arm Violation - Gross Misdemeanor
Resolution:
Stay of imposition plea to an amended misdemeanor count and only six-months' probation. What makes this such a great outcome is that it took 1.5 years' worth of pushing and negotiating to finally get a stubborn County Attorney to make this meaningful offer. In achieving this, the client avoids the six-month revocation and a nasty criminal record from a mere traffic offense. She was nearly crying, with a sense of relief that the long ordeal is finally over and in such a fantastic manner for her.
State v. G.S.
November, 2024
Charges: 3rd Degree DWI - Gross Misdemeanor charges
Resolution:
Plea to an amended count of a 4th degree misdemeanor DWI, with no jail to serve, a minimal fine, and a year of probation where the only ongoing obligation is to remain law abiding. What makes this such an incredible result is the facts were not favorable - the client got into a single-vehicle accident on the side a highway and blew a .29. Yup, a .29. And we still leveraged his changed behaviors, proactive steps, and need for a misdemeanor to get what most would consider an impossible outcome to achieve - except for us.
State v. T.F.
October, 2024
Charges: 3rd Degree Assault, victim under 4 y.o. - Felony; Malicious Punishment of a Child - Gross Misdemeanor
Resolution:
Stay of adjudication. Client was charged for physically disciplining his young children. Because of the age, it was a felony count and the State obviously took the allegations very seriously. Despite that, the allegations left room for interpretation - after all, a parent has a right to physically discipline their child under the corporal punishment statute. Leveraging that and the client's non-existent record, Mr. Gempeler worked hard to push for this incredible outcome. The client is able to earn the non-conviction and move forward with his life without a damaging criminal record.
State v. C.Q.
September, 2024
Charges: Fleeing in a Motor Vehicle - Felony; DWI-Refusal - Gross Misdemeanor
Resolution:
Plea to a gross misdemeanor DWI-Refusal and the felony count is dismissed. Additionally, the sentence called for no jail, a minimal fine, and merely staying on track with treatment and programming already engaged in. Considering he was facing a felony fleeing charge, avoiding a felony and any custody is remarkable. This outcome also ensured he would have the high-priced vehicle returned to him and not lose his license (and not able to use ignition interlock) because of the fleeing charge. Overall, a truly fantastic result for a client that was thrilled to have Mr. Gempeler and the North Star fighting for him.
State v. M.R.
August, 2024
Charges: School Bus Stop Arm Violation - Gross Misdemeanor
Resolution:
Continuance for dismissal. This is an example of how persistence by Mr. Gempeler pays off. The initial offer was a plea to a misdemeanor offense, which is a great start because that ensures there is no loss of license stemming from the incident. Yet, it wasn't good enough. After rescheduling the hearing and showing up, Mr. Gempeler then got an offer to a stay of adjudication - a fantastic offer. But that was not sufficient for the client, given her line of work and consistent background checks. So, Mr. Gempeler finally got the prosecutor to offer this incredible outcome - one that is exceedingly rare for a gross misdemeanor offense.
State v. J.H.
July, 2024
Charges: Carrying a Firearm While Under the Influence - Gross Misdemeanor
Resolution:
Stay of Adjudication. Unbelievably pleasant surprise in court this day—a dead-to-rights collateral-consequence nightmare of a set of charges, with multiple witnesses to the inebriated behavior and all confirming the presence of a firearm (albeit with a conceal and carry permit, voided by that alcohol!), resolves via a strong and successful negotiation as a stay of adjudication. Client can retain his gun rights, albeit with a pause on the carry permit, and will not only avoid a conviction, but will achieve an expungement of the entire matter upon successful completion of as few as six months of light conditions on his conduct. Just a remarkable result, for a client who had already avoided a massive prior set of allegations.
Types of Charge(s): Gross Misdemeanor
State v. R.K.W.
June, 2024
Charges: 2nd Degree DWI - Gross Misdemeanor (2 counts); Obstruction of Legal Process & a separate Driving After Cancellation - Inimical to Public Safety (GM)
Resolution:
Plea to a single DWI count, dismiss remaining two counts of the DWI case (including the obstruction of legal process charge) AND dismiss the entire separate case for driving after cancellation - inimical to public safety. Not only that, but the sentence did not include a term of in-custody time, which is mandated by law. This is truly a phenomenal result and one that can only be achieved through the creative and aggressive negotiation skills from the North Star team.
Types of Charge(s): DWI Case Results, Gross Misdemeanor, Obstructing Legal Process Case Results, Traffic Violations Case Results
State v. S.L.
June, 2024
Charges: 3rd Degree DWI-Refusal - Gross Misdemeanor
Resolution:
Plea to an amended count of careless driving. On top of this incredible outcome, the client has no jail to serve, no community service, a minimal fine, and essentially administrative probation for one year. The client was alleged to have refused the breath test, despite trying to provide an adequate sample. She suffered from asthma, which was exacerbated under high stress - such as being arrested for a DWI. Working with the client to get medical records verifying this, Mr. Gempeler was able to leverage this imperfect defense (imperfect because it is not recognized under the law) and the client's proactive steps to achieve this incredibly rare and fantastic outcome. A careless driving plea deal - without litigating - on a refusal charge is nearly unheard of. But these types of rare outcomes are commonplace when the North Star team is involved.