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Gross Misdemeanor
To see just how successful our approach is, here are some representative results:
State v. E.L.
December, 2023
Charges: Gross misdemeanor interfering with a 911 emergency call; misdemeanor domestic assault.
Resolution:
Stay of adjudication to an amended count of disorderly conduct. The client was in an abusive relationship, which culminated in a disagreement gone wrong. And, unfortunately, evidence existed, including an eyewitness in the house, to support the charges against our client. Undeterred, the North Star team set about to explain the overall relationship to provide critical context to the prosecutor. Once the severity of the situation was properly understood by the State, an outcome that avoids a devastating conviction and includes minimal terms of probation to ensure success. The end game is a dismissal of these serious charges and the ability for the client to move forward without having this case further impact her. She was overjoyed when she received the final offer and what it meant for her future.
State v. C.W.
December, 2023
Charges: Two counts of gross misdemeanor criminal vehicular operation due to alcohol impairment
Resolution:
Plea to an amended count of 3rd Degree DWI and the criminal vehicular operation charges are dismissed. In addition to causing an accident that resulted in exacerbating pre-existing injuries to the victim, the client fled the scene, too. Needless to say, doubling down on wrongdoing never helps the case. There were no legal defenses as the case was airtight. Still, the North Star team understood the importance of avoiding a criminal vehicular operation record on this young man's future and developed a strategy that ultimately succeeded in getting the outcome the client was after - a non-CVO record and no jail to serve. The client is thrilled that he had Mr. Gempeler fighting for him during this difficult case.
State v. B.S.
November, 2023
Charges: 4th Degree Assault Against Cops; Obstructing Legal Process - Gross Misdemeanors
Resolution:
Stay of adjudication. The client had retained other defense counsel, but switched to North Star after her former attorney demonstrated a lack of will and fight. Once North Star took over, we worked hard to humanize our client, explain the major consequences that could come from a conviction, and fought tooth and nail to get a new offer on the table that would permit us to argue for a stay of adjudication to the Court. The State did not agree and, in fact, argued for a stay of execution at sentencing. Despite this, Mr. Gempeler successfully convinced the Court to grant the stay of adjudication - over state objection, which rarely happens (and technically shouldn't by law) - and give the client the second chance she so deserves.
State v. A.S.
September, 2023
Charges: 2nd Degree DWI - Gross Misdemeanors
Resolution:
Plea to an amended count of 3rd Degree DWI, no jail to serve, and probation to the Court. This DWI occurred in a northern County, which is notorious for seeking harsh sentences for this type of offense, including at least 30 days in jail, and no use of alcohol and random testing. The North Star team carefully scrutinized the evidence, discovered a legal issue to raise, and then leveraged that, along with the client's proactive steps, to achieve this fantastic result - a plea to a lesser count, no jail, no alcohol restriction, no random testing, and no probation. And the topper is the fine was reduced by $600 through negotiations.
State v. J.B.
June, 2023
Charges: 3rd Degree DWI-Refusal - Gross Misdemeanor; 4th Degree DWI - Misdemeanor
Resolution:
Plea to the misdemeanor 4th Degree DWI. Client was placed on probation with no time to serve, credit for the proactive steps completed, and we even argued successfully to the Court to not impose a no use and testing provision due to the client's business development obligations. What makes this result so fantastic is that the client was uncooperative with police overall (including refusing both the evidentiary test at the station and the PBT on the side of the road) and demonstrated tell-tale signs of significant impairment. Under those circumstances, obtaining a plea deal to the fourth-degree is very hard to achieve, especially in Scott County. Still, Mr. Gempeler achieved exactly this and the desired terms of probation from the Court. Another great result achieved by the North Star team.
State v. D.S.
June, 2023
Charges: 3rd Degree DWI - Aggravating Factor for +.16 - Gross Misdemeanors
Resolution:
Plea to one count of 3rd Degree DWI, but no time to serve and minimal terms of probation. What makes this outcome so great is that the State initially asked for 45 days to be served either in jail (which would include good time) or EHM, and a $1,000 fine. After extensive negotiations, Mr. Gempeler got this offer reduced to basically nothing - no time to serve and half the fine. This was a great result when there was absolutely nothing to work with from the case itself and the elevated alcohol reading made a misdemeanor outcome impossible to achieve. The client truly appreciated Mr. Gempeler's persistence and fight to get the sentence minimized so dramatically.
State v. R.W.
May, 2023
Charges: 2nd Degree DWI - Gross misdemeanor; Misdemeanor DWI; Open Bottle violation - misdemeanor
Resolution:
Plea to a gross misdemeanor DWI with a sentence that ignored the statutory minimums. For a second time offense with an elevated alcohol reading, the client should have had additional time to serve along with a lengthy term of house arrest and probationary period. Instead, the client is not required to serve any additional time, has no house arrest to serve, and is only placed on probation for one-year. This is an incredible outcome, considering the first offer wanted a lengthy term of house arrest, a longer probationary period, and a requirement to enlist in the ignition interlock program. For a client that lives in Iowa, avoiding the hassle with much of this offer was imperative, especially with potential job consequences in play. Thankfully, the North Star team pushed hard for the outcome achieved and the client is very pleased to have retained North Star to fight on his behalf.
State v. S.M.
March, 2023
Charges: 3rd Degree DWI - Gross Misdemeanor - aggravating factor due to high reading
Resolution:
Plea to an amended count of misdemeanor 4th Degree DWI. Not only did we achieve a plea to a misdemeanor DWI - a much improved record from the gross misdemeanor charge - but the client was placed on unsupervised probation, meaning he never has to meet with probation or pay the probationary charge (a hidden fee that we are always cognizant of and try to avoid if possible). Despite a reading more than two times the legal limit and no viable defenses, the client never served time in custody, has the minimum fine to pay, and never has to deal with probation. A great outcome under these circumstances and the goal the client had in retaining us.
State v. T.C.
February, 2023
Charges: School Bus Stop Arm Violation - Gross Misdemeanor
Resolution:
Continuance for dismissal. Even with the presence of children outside the bus, the North Star team (both Mr. Gempeler and Mr. Duffy) achieved this best possible plea negotiation. Usually, these are rare outcomes for a gross misdemeanor offense involving children. Thankfully, we knew how to approach the case, made a strong pitch, and, of course, our strong relationships with the prosecutors once again did not hurt our clients when we advocated on their behalf. What makes this outcome that much more important is that the client will be applying for naturalization in the coming year and this outcome will greatly reduce any impact this could have had on their application.
State v. F.M.
January, 2023
Charges: Escape from Custody - Gross Misdemeanor; Probation Violation in separate DWI matter
Resolution:
Executed sentence on the underlying probation violation matter and a stay of execution with no additional time to serve on the Escape from Custody case. The client absconded from custody after not returning to jail from work release. He was on the run for a year before getting picked up on a new crime in a different county. This was also a second violation of his probation for the underlying DWI. In a county known for being unfriendly to defendants, the North Star team litigated this matter and worked hard on a strong sentencing argument in what was otherwise a lost case. The County Attorney requested an additional 90 days to be served on the Escape charge after the client was ordered to complete the full sentence of the DWI. After litigating the matter, the County Attorney then asked for a full year to be consecutive to the DWI sentence. Thankfully, Mr. Gempeler made a thoughtful and strong sentencing argument. And the Judge gave our client one final chance, ordering he receive a stay of execution (meaning NO JAIL (which was beyond even our expectations)) on the escape from custody case. The client and his wife are so happy they retained the North Star team to fight for them when they needed an advocate the most.