In this Dane County case, our client was charged with OWI-2nd Offense and Operating with a Restricted Controlled Substance-2nd Offense after the Madison Police Department arrested him following a traffic accident. Police were called to the report of a driver stuck in a snowbank. Upon arrival, officers located the client and smelled the odor of marijuana, though the client denied smoking. He agreed to submit to standardized field sobriety tests, after which authorities arrested him and transported him to the hospital for a blood draw. The blood test results showed the presence of delta-9 THC in the client's system. Although the narrative police reports stated the client agreed to take a blood test, Attorney Tim Verhoff watched the video evidence, which revealed the client had actually agreed to a urine test, not a blood test. Our attorney then filed a motion to exclude the test results, arguing the test results were unlawfully obtained because the client never actually consented to a blood draw. Attorney Verhoff also told the prosecutor that even if the judge allowed the evidence, the District Attorney would have difficulty proving the client smoked marijuana before driving, rather than smoking it after he got stuck in the snowbank and while he was waiting for a friend to come assist him. The judge scheduled a hearing on our motion. Prior to the hearing, the prosecutor agreed that he had trouble with the case and offered to resolve the matter by amending the OWI to a non-criminal traffic ticket for reckless driving and dismissing the RCS charge.
Criminal Threat Charge Amended to Civil Ticket, Rock County
Prosecutors in Rock County charged our client with criminal disorderly conduct after he made comments about shooting someone while he was in his workplace. The client admitted his statements reflected poor judgment, but he claimed he never actually intended to engage in any violent acts and the comments were taken out of context. During lengthy negotiations with the prosecution, our attorney was able to explain our client's side of the story. Our lawyer argued that the client was remorseful about conduct, and he suffered a punitive sanction in the form of termination from his job. The prosecutor agreed without our argument and amended the case from a criminal charge to a non-criminal violation of the county ordinances (essentially the legal equivalent of a parking citation). The client, who is in his mid-60s and had never been in legal trouble in his life, was thrilled to avoid a criminal conviction.
Negligent Handling of a Firearm (Dane County) DISMISSED
Case #3: This case involved a successful business women who was really attempting to do the right thing and was charged with a crime. Our client was at her apartment when there was a disturbance outside. One of the people at her apartment went outside and, without her knowledge, obtained a handgun because they feared the person causing the disturbance would cause them harm. After the incident calmed down, the firearm was brought into our client's residence. She became very upset that a gun was in her home and picked the gun up to remove it from her home and place it outside. The gun discharged in the residence and the police were called. Once we got involved, we pointed out the facts mentioned above, including the fact the government had incorrectly charged the case, and could not meet their burden of proof. The government agreed and dismissed the case
Dane County Client Avoids Criminal Charges
A Dane County client recently avoided criminal charges after hiring Chirafisi & Verhoff. The client, an Illinois resident with no record, was arrested in June 2014. While driving in the Madison area, the Wisconsin State Patrol attempted to stop our client for speeding. He did not immediately pull over. After the trooper finally stopped the vehicle, he arrested the client on criminal charges for eluding an officer. He also cited the client for speeding. The charges were referred to the District Attorney’s Office. Before charges were formally filed, however, our lawyers spoke with the prosecution and explained our client’s version of the events and provided some background information about the client. The prosecution agreed not to file criminal charges against the client. Instead the prosecution agreed only to issue traffic tickets to the client.