In a near-unheard of resolution, Mr. Adkins convinced the State to reduce this hundreds-of-thousands lost via fraud case to a misdemeanor, with an agreed-upon early termination of probation at 6 months, and an agreement in advance for expungement. This defendant will very soon have no record, notwithstanding evidence sufficient that a prior trial attorney entered a plea against the defendant’s wishes… but rather than get bogged in a years-long, hard-to-prevail appeal process, Dan simply got creative, and the result is better than could possibly have been expected. The family is intact, and thrilled, with dad back in the fold, no felony record, job intact, and pain all but gone!

Plea to two amended counts of gross misdemeanor tax crimes with no time to serve and minimal terms of probation. The client had no real defense to a lengthy history of failing to file tax returns. After years of negotiations, legal arguments, and wearing down of the prosecutor, Mr. Gempeler was finally able to get a non-felony outcome - which the client so desperately wanted to avoid. The tactic that paid off was being on top of case law developments. There is a new case heading to the Court of Appeals that centered on an issue that was highly relevant to this case. Understanding this, new leverage for negotiations led to such an incredible outcome for the client.

Our client, initially facing multiple federal charges tied to the unlawful receipt of over $10 million in tax refunds, has successfully avoided all original counts and the threat of mandatory federal prison time—a potential sentence that could have ranged from several years to nearly a decade. Thanks to the aggressive and strategic defense by James and Dan, he also will not be held financially responsible for any funds received by other defendants, shielding him from massive repayment demands for money he never touched.

While the case is still ongoing, the outcomes so far have allowed our client to move forward with his life, free from the most serious legal and financial consequences. This case highlights the power of retaining aggressive but creative legal counsel early, particularly when federal authorities are or may eventually be involved.

Stay of imposition, resulting in a misdemeanor conviction after probation ends. If convicted, the client was looking at a presumptive prison sentence. This plea deal not only results in a misdemeanor when the client completes easy terms of probation, but it also avoided any time in custody. Considering the State's initial offer was for a permanent felony record and lengthy time to be served, the outcome Mr. Gempeler achieved is incredible, especially in Hennepin County, which is notoriously hard on individuals facing these charges. Due to this outcome, the client can continue in his career and move forward with his life in way he did not think possible after being charged.

Stay of adjudication. Despite facing 12 separate felony counts (which, if convicted of all 12, he was facing mandatory prison time), the North Star worked out this incredible outcome where he is never convicted of any crime, let alone a felony. To get to this point, the North Star had to dive into extensive discovery produced by the State and then follow-up, demanding additional discovery that proved critical to the negotiations. For instance, getting the communications log demonstrated that the Dept. of Revenue communications were actually sent to a business partner and the client could not have been the wrongdoer in that instance. Leveraging that information - among other favorable facts - led to an outcome where there is never a conviction, no fine, and no community service. A rare, fantastic outcome thanks to the North Star team.

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.

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.

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.