- Home
- Criminal Defense
- Arson & Negligent Fires
- Assault
- Burglary
- Child Neglect
- Criminal Vehicular Operation
- Disorderly Conduct
- Domestic Assault
- Drug Crimes
- Federal Crimes
- Gun Rights Restoration
- Malicious Punishment of a Child
- Murder/Homicide
- Obstructing Legal Process
- Pre-Charge Representation
- Probation Violations
- Robbery
- Sex Crimes
- Sexual Assault
- Theft
- Threats of Violence
- Traffic Ticket Attorney
- Underage Drinking Crimes
- Weapons Charges
- White Collar Crimes
- Dwi Lawyers
- 1st Degree DWI Minnesota
- 2nd Degree DWI Minnesota
- 3rd Degree DWI Minnesota
- 4th Degree DWI Minnesota
- Implied Consent Law
- License Consequences
- License Plate Impoundment
- Limited License
- Bail & Conditional Release
- Mandatory Penalties
- DWI Defenses
- Minnesota DWI Laws
- Field Sobriety Tests
- Vehicle Forfeiture
- Ignition Interlock Device
- DWI Case Results
- Expungement Law
- Case Results
- Assault Case Results
- Domestic Assault Case Results
- Drug Crime Case Results
- DWI Case Results
- Expungement Case Results
- Felonies
- Gross Misdemeanor
- Misdemeanor
- Obstructing Legal Process Case Results
- Sex Crimes
- Theft & Shoplifting Case Results
- Threats of Violence Case Results
- Traffic Violations Case Results
- About
- Blog
- Contact Us
Gross Misdemeanor
To see just how successful our approach is, here are some representative results:
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. H.T.
October, 2024
Charges: Theft - Gross Misdemeanor
Resolution:
Stay of Adjudication. State initially demanded a conviction and substantial jail term, but Defendant’s hustle and Mr. Adkins’ artful arguments (commercial theft cases can often involve substantial witness and documentation challenges, creating a point of leverage for a gifted defender) resulted in a 6-month stay with no conviction and no collateral consequences. Client would have been immediately fired, and thereafter un-employable, with a conviction. Client is overjoyed.
State v. S.K.
September, 2024
Charges: Assault - Gross Misdemeanor
Resolution:
Stay of Adjudication. Mr. Kehren, on his third-year practice certificate and before he became a full member of the bar, took the reins with Mr. Adkins' oversight and crushed expectations! Client was looking at a nasty conviction, a long weekend or worse in jail, and a lifetime bar on firearms rights, but no longer. Mr. Kehren convinced a seasoned (and conservative!) prosecutor to give our client a chance at redemption. Simply extraordinary results, and we’ll see more like this from Mr. Kehren very quickly and for a long time hence.
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.
State v. L.H.
June, 2024
Charges: 3rd Degree DWI - Gross Misdemeanor
Resolution:
Plea to a single count, no jail to serve, and a minimal term of probation. The client blew nearly triple the legal limit and got into a single-vehicle accident. Needless to say, difficult facts to overcome, especially with no real legal defense to try to leverage. The prosecutor initially offered time to be served in custody and a minimum of four-years probation. Through a strategic approach that used time to the advantage, Mr. Gempeler eventually obtained a plea negotiation that avoided jail, lowered the probationary period to two-years, and the remaining terms and conditions are very straight forward. Considering what he was up against, the client is very pleased with this outcome and avoiding what would have come had he chosen a different firm to represent him.
State v. W.T.
May, 2024
Charges: 3rd Degree DWI-Refusal - Gross Misdemeanor; 4th Degree DWI-Misdemeanor; Careless Driving - Misdemeanor
Resolution:
Plea to count 3, the misdemeanor careless driving, and the other two DWI counts were dismissed. Additionally, the client had no jail to serve and was placed on administrative probation. Even with a losing argument, the North Star team properly leveraged a motion hearing and witness availability issues for the State to get this utterly fantastic outcome. The client was uncooperative due to wanting to speak with an attorney - while a constitutional right, often, not at the times he was asking for the attorney. Despite the challenges it faced, the North Star team executed a savvy strategy and achieved the outcome the client needed.