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To see just how successful our approach is, here are some representative results:
Charges: 8 counts of felony tax crimes
Plea to three amended gross misdemeanor tax counts for failing to file sales tax returns in specific quarters. The client was without an actual defense for failing to file or pay sales tax for a business he ran. Worse, he had never done so. While he didn't intend to do so because of a poor understanding of his tax obligations, convincing a jury of tax-paying citizens otherwise would be tough sledding, to say the least. Still, he could not have a felony conviction on his record or he'd be rejected from entering Canada to visit family. Through lengthy negotiations and litigation, the North Star team finally achieved a gross misdemeanor outcome for the client. On top of that, the sentence includes no jail, a minimum fine, and simply cooperating with the tax audit by the Dept. of Revenue and pay off what is owed.
Charges: 20 felony Counts of failing to file and failing to pay taxes, both individual and corporate
Stays of Imposition to 4 counts, no jail, minimal fine, and the only meaningful condition of probation was to comply with an audit, which we also ensured certain rights and arguments were preserved for the civil audit process. The client had a mess and faced the possibility of prison with these charges. Plus, when retained to replace a prior counsel - a notable tax defense attorney that had an undisclosed conflict of interest - the client instructed the North Star team that he was not going to trial, meaning our hands and leveraging ability were somewhat tied. Working closely with his civil tax attorney, we set out to achieve the best possible outcome and painstakingly negotiated an outcome that put him in the best position possible for the audit process. In the end, the client will be left with only misdemeanor convictions.
Charges: Identity Theft - Felony (presumptive prison commitment); Wrongfully Obtaining Assistance-Theft of State Social Services - Felony
Stay of adjudication and no time to serve. The client was facing a presumptive commitment to prison due to the identity theft charge - which was a stretch, but nonetheless was a major issue to deal with. And despite evidence clearly pointing to our client bilking the State out of five-figures worth of money from social services payments, the North Star team did their due diligence in researching key legal issues. Namely, the search that led to much of the evidence was suspect and the North Star team found a creative and novel legal argument that turned the table in the case. As a result, the client received a stay of adjudication, which means he will never be convicted of anything and the case will be dismissed following a minimal period of probation in which he merely has to have no same or similar incidents. He could not ask for a better negotiated outcome. He and his family are thrilled to have obtained this incredible outcome and for trusting North Star Criminal Defense.
Charges: 6 counts of felony tax crimes
Plea to amended counts of a gross misdemeanor failing to file tax returns. The original offer was to plead guilty to felony counts and serve upwards of 180 days via custody and home monitoring. The plea agreement drastically improved this. The client will only be convicted of a gross misdemeanor crime and serve no more than 30 days, via 3 days in custody and the balance on home monitoring. The remaining terms of probation are minimal and only for two years. The best part is this plea agreement leaves the client in a much better position to salvage his professional license and, therefore, his career. Even when facing daunting felony charges, the North Star team pushed through with a strong strategy to achieve the client's goal and keep him on the right path moving forward.
Charges: Motor Vehicle Excise Tax Evasion - 3 felony counts
Gross misdemeanor conviction to one count, with the other two counts dismissed. Additionally, the client has no jail to serve, received the minimal fine, and is placed on unsupervised probation. And, perhaps most importantly, the outcome ensures the civil ramifications on the business's license will not be revoked for a full year, which was the likely outcome to a felony conviction. Now, with the gross misdemeanor record, the business will not be hit hard at all by the state regulatory agency. This is exactly what the client needed and the North Star team accomplished.
Charges: Felony tax fraud - 7 charges
Plea to two counts via stays of imposition, meaning the record will be misdemeanor convictions after probation. The client had no defense to the allegations of willfully filing incorrect tax returns. Compounding this is the fact that he worked in the tax field, preparing and filing tax returns for his clients. Yet, despite these awful facts, the North Star team was able to negotiate an outcome where the client could earn a misdemeanor record and was not sentenced to serve any time in custody. Through this outcome, the client was able to continue with his new job (in a new field) and provide for his family. He was simply overjoyed with the outcome and advocacy by the North Star team.
Charges: Felony Tobacco Tax Fraud
Dismissed upon North Star's motion to dismiss for an unconstitutional search. The client was charged with transporting untaxed tobacco product. He ran out of gas and was stopped on the exit ramp. A state trooper pulled up behind him during a welfare check, offered to assist by staying behind him to ensure traffic new of the stopped truck. But, instead of doing that, the trooper continued asking questions about what our client was doing. He detected the client was acting nervous. So, the trooper kept prying and eventually asked to search the back of the truck. The only "suspicious" behavior was the client's nerves, which is not enough to continue interrogating him and eventually ask to search the truck. The Court agreed, ruling from the bench even(!), that this conduct by the trooper violated the client's constitutional guarantees to be free from unreasonable searches and seizures. Without the evidence gathered during the illegal search, the County was forced to dismiss the case.
Charges: Failing to Pay or File Tax Returns - Felonies (9 Counts)
Plea to tax crimes as gross misdemeanors. Durational departure granted. The client was facing nine felony counts. And, if convicted at trial, stacking all nine convictions could have led to a prison sentence (as the Judge detailed to the client at an early hearing). The client was also in the midst of recovering from a severe stroke. Taking Mr. Gempeler's advice, the client paid off the unpaid taxes in full and got his tax filings current. Without a criminal record (for an older man) and his declining health, avoiding time in custody and serious criminal penalties (such as felony records) was critical. After extensive negotiations, the client gladly accepted a plea deal to a gross misdemeanor result and avoided any time in custody, which, given his health, could have been life-saving. The client was thankful that he hired the North Star team to guide him during this challenging time.
Charges: Felony Tax Evasion - Multiple Counts
Durational departure granted - gross misdemeanor conviction to only one count. Based upon a thorough and well-researched brief (as stated by the Judge), a plea to a single felony count turned into a gross misdemeanor sentence. The result is the client is never convicted of a felony. In achieving this result, the client will not lose his license and is able to move forward with his life and put his mistakes behind him. With so much on the line, the North Star team pulled off exactly what was needed to save this client's future.
Charges: Felony Tax Evasion - Multiple Counts
Gross misdemeanor sentence to one count. The State agreed to a stay of imposition and allowing the North Star team to argue for a departure from the Court. With a strong brief that impressed the Court, this needed outcome was obtained for an incredibly deserving client. She will not be stained with a felony conviction on her record and is able to move forward with her life.