Theft of Secured Property - $450,000.00 - Charges dismissed at Preliminary Hearing (Columbia County)

Clients are hard working farmers in Columbia County who were, in our opinion, taken advantage of by a local bank. The bank believed they had secured assets from the client in excess of $450,000.00. When the client sold the secured assets, the bank went to the police. Client then charged with felony level theft. We got involved after a call from the clients civil lawyers requesting our assistance. We got involved and the case ended before it started.

At the preliminary hearing the investigator testified regarding his knowledge of the facts. Attorney Corey Chirafisi then cross examined the investigator. After about 20 minutes later, the investigator admitted he did not know specific facts which would be required to prove an intent to defraud. The court stated that there was no probable cause based on the testimony of the investigator. Case over after the 2nd appearance.

Felony Gun Charge Dismissed

Law enforcement in Columbia County stopped our client for speeding, which quickly turned into a drug investigation. The arresting officer smelled the odor of marijuana coming from the vehicle. Our client and his passenger, who authorities described as appearing nervous, admitted to smoking a few hours earlier. Police searched the vehicle and located marijuana, MDMA, and a loaded, short-barreled shotgun. Our client was arrested and charged with a felony for the weapon offense and a misdemeanor for possessing controlled substances. Through negotiations with the prosecution, Attorney Tim Verhoff was able to obtain a plea agreement in which the District Attorney dismissed the felony gun charge. Our client agreed to plead to a misdemeanor drug possession charge and pay court costs. While he admitted he made a huge mistake, the client was very happy to avoid a felony conviction, incarceration, and probation.

OWI/PAC .17 Amended to Reckless Driving

This case comes out of a stop in Columbia County. Our client was pulled over by the State Patrol for illegal tinting of their windows and no front license plate.  The trooper smelled the odor of intoxicants and the client admitted to having consumed a couple of drinks earlier in the evening.  

Our client was put through field sobriety tests and was arrested for an OWI.  This is the point where the case turned, the client had a prior OWI conviction which was more than 10 years ago.  That would make this OWI charge another first offense; however, the trooper misread the teletype and repeatedly informed the client that this was a 2nd offense and a blood test was required. 

Attorney Corey Chirafisi filed a motion challenging the defendant's consent to the test because the client was misinformed regarding what he was being charged with (2nd offense vs. 1st offense).  The parties had a lengthy consented hearing with multiple sets of briefs filed.  Prior to the Court deciding the issue, the government offered to amend the charge from an OWI to Reckless Driving.  It was the outcome the client was hoping for all along.  The OWI conviction would have triggered the IID requirement based on it being the client's 2nd offense (in lifetime) and the test result was above the 0.15 threshold.  Very happy client.

DRUG CHARGES DISMISSED COLUMBIA COUNTY

The Columbia County District Attorney's Office recently agreed to dismiss criminal charges against our client for possessing THC and drug paraphernalia.  The client was charged for possession after medical personnel was dispatched to his home.  The prosecutor voluntarily dismissed the charge after our attorneys raised a defense under section 961.443 of the Wisconsin Statutes, which provides immunity for individuals who contact law enforcement or emergency technicians in the event of a drug overdose.

Drug Case Reduced, Columbia County

After a traffic stop in Columbia County, authorities searched the vehicle and found marijuana and various drug paraphernalia. Our client was charged with misdemeanor offenses. After negotiations with prosecutors, our attorneys reached an agreement by which the criminal charges were reduced to non-criminal ordinance violations. Our client agreed to pay a small fine on the ordinance violations. Most importantly, our client was spared from having a criminal conviction, which was the most important outcome in the case for him.

OWI Amended to Reckless Driving, Columbia County

This case is an excellent example of why conducting the administrative review process can be critical in an OWI case.  Our client was charged with both OWI and PAC violations after Columbia County deputies found him asleep behind the wheel of his personal vehicle.  He "failed" field sobriety tests and agreed to take a blood test, which showed an alcohol concentration of 0.09.  The client, who has a commercial driver's license (CDL), hired Chirafisi & Verhoff, as recommended by a different lawyer.  At the administrative review hearing, the deputy gave answers that enabled Attorney Verhoff to argue the client's license should not be suspended.  The hearing examiner agreed.  As the court case moved forward, Attorney Verhoff filed legal motions challenging the admissibility of the blood test results, based off the answers to question he asked the deputy at the administrative review hearing.  After almost two years of litigation, the prosecution finally gave up, dismissing the PAC charge and agreeing to amend the OWI charge to a Reckless Driving citation.  By avoiding the OWI and PAC convictions, our client was able to save his CDL and keep his job.