To see just how successful our approach is, here are some representative assault case results:
Misdemeanor sentence to an assault charge, successfully obtained upon arguments directly to Trial Judge – even after the State refused to relent from a prison-commit offer. No jail was required. Client’s outstanding effort to rehabilitate himself changed hearts and minds, and legal arguments regarding voluntary intoxication convinced the judge to extend a probationary outcome to the client. A significant win, to say the least.
Stay of Adjudication to a misdemeanor disorderly conduct. The North Star team was retained a week before the trial. After getting the trial continued – over the State’s objection – the firm immediately began utilizing its relationships with the local prosecutor’s office and leveraged the self-defense claim (albeit, not a strong one) into such a crucial outcome for the client. Because this will never be a conviction, the client can continue pursuing her social services career and will not have a bad night, after bar-close fight hold her back.
Case dismissed. The client had a viable self-defense claim and the allegations were nebulous, as well. We pushed for a trial, knowing the complainant had a history of false allegations and not further pursuing them in the criminal justice system. The North Star team successfully negotiated an almost no-lose proposition with the State. IF the witness reasserts herself, they would still offer a diversionary outcome, which would still mean no conviction. As the trial approached, the North Star team corresponded with the prosecutor about the case and he ultimately realized the right decision was to dismiss the case entirely. Another fantastic result by the North Star team.
Stay of Adjudication. The client thoroughly assaulted her ex-boyfriend’s side lady and there were no meaningful defenses. Making matters worse, as an educator, an assault conviction could lead to a loss of career. The State’s initial offer was to a plea and conviction. Undeterred, Mr. Gempeler and his team pushed back, leaned on the right leverage pieces (including a somewhat plausible self-defense claim), and negotiated this fantastic result through creative negotiations.
Client avoided designation as a Career Felony Offender, and thereby avoided a prison term of at least twenty years; he will serve only 2-6 months additional incarceration over the term he was already serving for a prior Kidnapping conviction (in that matter, the client avoided a possible Attempted First Degree Homicide prosecution, and received less than 20% of the time he would normally have had to serve). Multiple complex negotiations were required, and artful work with a particularly talented and well-regarded prosecutor. The client will be home to give his children back a father in less than 18 months, armed with a new lease on life.
Stay of Imposition, with a minimal term in custody. The facts of this case were not pretty in the sense that the client hospitalized his roommate over an innocuous argument. The client rebounded perfectly following the incident by seeking mental health treatment and refocusing his life around supportive family and friends. Due to this, he earned the opportunity to have a misdemeanor conviction following his probationary term. For a young man with a bright future, his regrettable decisions on a single night will not have to define him for life.
Stay of adjudication to the indecent exposure charge and a conviction to the disorderly conduct charge. With zero defenses available and rather awful facts, the North Star team still achieved this fantastic result, where the client avoid a criminal conviction record relating to either the sex crime charge or the assaults. A remorseful and proactive client followed our guidance and did what needed to be done to create the negotiating leverage to obtain this result. Another incredible result from a difficult set of circumstances, which is the norm for us!
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.
Expungement granted. Client was unsuccessful in seeking an expungement less than a year ago. Mr. Gempeler had the expungement hearing venued at the Stand Down event – an event that offers extensive free services to veterans. It was the first time an expungement had been heard at this event. Due to the client’s tremendous service and rehabilitation record, the Judge felt compelled and “proud” to grant this expungement. No longer will this record be a disqualifying offense by the DHS and prospective employers.
Stay of Imposition – Misdemeanor record after probation. Because of the discharge of a weapon, the client was looking at a mandatory minimum prison commitment of 36 months. Mr. Adkins masterfully maneuvered through the case and found a judge that bought into the client. Over the State’s request, the judge departed from the prison commitment and even granted a stay of imposition. Further, the client didn’t have to serve more than the two days in jail that he served upon arrest. With the conditions of probation basically only requiring the client to remain law abiding and sober, the client will earn a misdemeanor conviction. A truly remarkable outcome, achieved because of North Star’s strategic and persuasive counsel.