Gross Misdemeanor

To see just how successful our approach is, here are some representative results:

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)

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.

State v. S.L.

June, 2024
Charges: 3rd Degree DWI-Refusal - Gross Misdemeanor

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

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.

Types of Charge(s): DWI Case Results, Gross Misdemeanor

State v. W.T.

May, 2024
Charges: 3rd Degree DWI-Refusal - Gross Misdemeanor; 4th Degree DWI-Misdemeanor; Careless Driving - Misdemeanor

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.

State v. D.T.

April, 2024
Charges: 3rd Degree DWI-Refusal - Gross Misdemeanor; 4th Degree DWI - Misdemeanor

Plea to an amended count of careless driving as a misdemeanor. No jail or community service, a minimal fine, and only one year of probation with easy conditions to follow. The deal was so good, in fact, that the Judge was questioning the prosecutor about how they were willing to offer a Careless on a Gross Misdemeanor DWI-Refusal. The Judge commented that he understood an agreement to a misdemeanor DWI, but to get a Careless was a bit shocking, to say the least. This is the type of outcome that isn't so atypical when the North Star team is involved. Getting so good of outcomes that it even surprised the Court.

State v. J.W.

April, 2024
Charges: 3rd Degree DWI - Gross Misdemeanor (two charges)

Plea to a misdemeanor 4th degree DWI. On top of getting this in line with a true first-time DWI as far as the misdemeanor conviction, the sentence included no jail, credit for all of the proactive steps taken, a minimum fine, and even probation to the court. All in all - a great outcome for a client that owned up to his mistakes and worked hard to put it in his past. This outcome should ensure it has little impact on him as he moves forward.

Types of Charge(s): DWI Case Results, Gross Misdemeanor

State v. J.B.

March, 2024
Charges: 3rd Degree DWI - Gross Misdemeanor - Two Counts

Plea to an amended count of misdemeanor fourth-degree DWI, with no time to serve and unsupervised probation to follow completing the recommended DWI class and MADD panel. This is a great result, considering there were no defenses and the client blew a .199. Despite this, Mr. Gempeler relied on strategic negotiations and a strong working relationship with the prosecutor to get an outcome commiserate with a first-time DWI and no extra punishment for poor driving and such a high reading. The client is happy to put this behind and move forward in a much better position.

Types of Charge(s): DWI Case Results, Gross Misdemeanor

State v. B.R.

March, 2024
Charges: 3rd Degree DWI-Refusal (Gross Misdemeanor); 4th Degree DWI (Misdemeanor); Carrying While Under the Influence (Gross Misdemeanor); Carrying without a Valid Permit (Misdemeanor)

Plea to count 2, a misdemeanor DWI with no jail or community service to serve, and a minimal fine. The client was in a single vehicle accident, was underage, and had a handgun with an extended magazine in the vehicle (not to mention marijuana (legal)). Needless to say, a lot of bad facts and there was no legal defense. Nonetheless, Mr. Gempeler leaned on his great relationship with the prosecutor and utilize a strategic negotiation approach to achieve this incredible result.

Types of Charge(s): DWI Case Results, Gross Misdemeanor

State v. P.L.

February, 2024
Charges: Gross Misdemeanor Shoplifting

Stay of Adjudication. Client was charged with stealing merchandise from a local Target several times over the course of a couple of weeks. And the State had surveillance video showing the theft acts from beginning to end - i.e. there were no defenses to the charge. Still, Mr. Gempeler emphasized the client's overall good record, remorse, accountability, and need to avoid creating a record that will hold him back going forward. The State understood and agreed to the second chance afforded by this fantastic result.

State v. L.M.

February, 2024
Charges: Possession of a Firearm by an Ineligible Person - Gross Misdemeanor

Case dismissed after legal arguments. The State tried to fit a square peg in a round hole with a "creative" charge that truly lacked facts and merit. Essentially, the client was charged as being a felon in possession, even though he was never convicted of a felony. The State, instead, asserted that a felony charge was sufficient to deem someone ineligible when the person received a gross misdemeanor sentence/conviction to said felony charge. The problem - the criminal statute required a felony conviction, which the client never had, by law. Mr. Gempeler and the North Star team raised a probable cause challenge. After a motion hearing in which the State made brief oral arguments, Mr. Gempeler submitted a lengthy brief arguing that there is no law that authorizes this charge. The City of Minneapolis immediately asked for a continuance to further assess its position and even brought in its in-house appellate team to research the arguments. After taking additional time, the City relented and dismissed, admitting defeat.

Types of Charge(s): Gross Misdemeanor