Prosecutors in Dane County charged our client with a felony count of causing soft-tissue injury to a law enforcement officer in relation to the client's arrest following a disturbance at a local casino. At the preliminary hearing, the District Attorney argued the mere fact that one of the officers sought medical attention for a knee injury after the incident was sufficient to establish probable cause. During the hearing, Attorney Tim Verhoff was able to get the judge to order the prosecutor to allow him to review the officer's medical records. Those records revealed the officer suffered a slight scrape to the knee. But the records showed no internal injuries or injuries to the skin that would require stitches, staples, or tissue adhesive. Our attorney argued that the injury the officer suffered did not meet the legal standard of the soft-tissue injury contemplated under the law. The judge agreed, dismissing the felony count against our client.
Assault Case Dismissed in Dane County
What started out as a fun night with friends ended with our client arrested and in jail. But that is not the end of the story. Our client went out to celebrate a friend's birthday. Included in the group was the client's former roommate. By all accounts, everyone in the group had consumed a fair amount of alcohol that evening. After taking a taxi cab home, our client and the former roommate got into a physical confrontation. Police arrested our client and booked her into jail on charges of domestic battery and domestic disorderly conduct. The case was considered "domestic" because the altercation involved a person with whom the client previously lived, even though they were not romantically involved. The client posted bail and was released from custody. Before charges were actually issued, however, she hired our firm. Attorney Verhoff immediately contacted the District Attorney's Office. His goal was to convince the prosecutor assigned to make the charging decision that the case lacked merit and should not be charged. His efforts were partially successful. The prosecutor met with Attorney Verhoff and understood there were proof problems. Rather than filing criminal charges, the prosecutor filed a non-criminal citation for violating the county code of ordinances. This was a partial win for the client because she knew she would not be convicted of a crime under any circumstance. After making the initial appearance in court, Attorney Verhoff again met with a representative with the District Attorney's Office and brokered a deal. If our client did an alcohol assessment, the prosecution would agree to dismiss the case. But Attorney Verhoff did not stop there. He waited a few weeks and met with the prosecutor assigned to the case for trial. He informed the prosecutor that our client would be willing to undergo an alcohol assessment to achieve a dismissal. But he again explained why he thought the case lacked merit. This time, the assigned prosecutor listened and dismissed the case. The client was not required to incur the additional expense of an alcohol assessment and was thrilled that this case resulted in an outright dismissal.