Sometimes the most simple solution is the best outcome for everyone. Our client got into a physical altercation with her adult sister with whom she lived. The client was booked into the jail on a charge of domestic battery, but the prosecution issued a lesser disorderly conduct charge. Prior to trial, our attorney worked out an agreement that made sense for everyone, particularly our client who had no prior record. The prosecution agreed that if our client found a new place to live, the charges against her would be dismissed. Fortunately, our client located a new apartment. We provided a copy of the new lease to the prosecutor, who dismissed the case against her.
Criminal Domestic Case Amended, Dane County
The Dane County Sheriff's Department arrested our client for a domestic disturbance with his wife. The couple got into an argument while driving. Our client was accused of calling his wife names and punching the dashboard. Our client, who called 911, told police his wife hit him during the incident. The District Attorney's Office filed a criminal charge of domestic disorderly conduct against him. Although we thought our client had a very good trial case, he was worried about trial risks and the possibility of collateral consequences if convicted of a criminal offense. Attorney Tim Verhoff negotiated an outcome that helped the client meet his goals of avoiding a criminal conviction and any collateral consequences without risk. Under the terms of a settlement agreement, the prosecutor amended the criminal charge to a non-criminal ordinance violation, which is the legal equivalent of a traffic citation and the client agreed to pay a modest forfeiture. When our attorney let the client know of the outcome, he told our lawyer it exceeded his original expectations for the case.
Domestic Criminal Case Dropped, Dane County
In this case, the client was with his wife at a bar in downtown Madison. An employee at the bar flagged down a member of the Capitol Police Department and reported a disturbance between them. The client was arrested and charged with domestic disorderly conduct. After our attorney reviewed the police reports and discussed the inconsistent witness statements with the District Attorney, the prosecution agreed to amend the criminal charge to a non-criminal violation that is legally equivalent to a parking citation. For penalty, the judge did not even impose a fine, but simply imposed court costs.
DOMESTIC BATTERY, CRIMINAL DAMAGE AND DC WHILE ARMED DISMISSED
In this Dane County case, the client's mother contacted our office after she learned criminal charges had been filed against her adult son. In speaking with the mother, our attorney learned her son had significant cognitive issues. The charges, which stemmed from an incident between the client and his mother, were considered domestic in nature. Based on the information our attorney received, it appeared the client likely was not competent to stand trial, or if competent, he was likely not guilty by reason of mental disease or defect (NGI), as the behavior was directly related to his cognitive issues. Prior to the initial appearance in the case, Attorney Verhoff met with supervisors at the Dane County District Attorney's Office. He provided documentation to the prosecution about the client, as well as additional background regarding the incident. After considering the information our attorney provided, prosecutors agreed to dismiss all charges against the client at the initial hearing. This case is another good example in which the prosecution doesn't always have all the necessary information when making a charging decision. Hiring an attorney early in the process can be instrumental in the ultimate outcome and spare folks months of anxiety associated with being the subject of a criminal prosecution or the family member of a person being prosecuted.
DV Case Dismissed, Dane County
This case is yet another example of why hiring a lawyer before you get charged is so valuable. Our client for was arrested after an argument with his girlfriend in which she claimed he yelled at her in a threatening manner, shoved her, took her phone and threw it across the room. After he was arrested for domestic disorderly conduct and intimidation of a victim, but before a criminal charge was filed, the client hired our office. Although the client admitted to yelling, he denied pushing his girlfriend. Attorney Verhoff contacted the prosecutor assigned to review the case. Our lawyer provided the prosecutor with significant information about the client's background, as well as our client's version of events. This was information not contained in the police reports. Based on this conversation, the District Attorney's Office agreed not to file a criminal charge. Instead, a non-criminal ordinance violation was filed against our client. We also contested that citation. And the District Attorney's Office ultimately dismissed the case before trial. Another great outcome for a Chirafisi & Verhoff client.
Felony Domestic Charge Dismissed
During a fight with his girlfriend, our client was alleged to have broken her phone while she attempted to contact police. He was charged with felony intimidation of a victim, as well as misdemeanor counts of disorderly conduct, battery and criminal damage to property. Attorney Verhoff negotiated settlement of the case with the prosecutor. He convinced the District Attorney's Office to dismiss the felony charge outright. On the remaining charges, he was able to get the prosecutor to agree to a deferred prosecution agreement, meaning the remaining charges will be dismissed after a period of time, provided the client stays out of trouble. Our client, who lives in a different state, had no prior criminal history was thrilled with the outcome.
Felon Child Abuse Amended to Misdemeanor DC, Dismissed
Our client was arrested and charged with two counts intentional child abuse after he was alleged to have grabbed his daughter, picking her up by the neck and kneeing her in the stomach. The client, as well as his wife who witnessed the incident, was adamant that the daughter exaggerated the situation. Attorney Verhoff advised the client to enroll in a parenting class while the case was pending. Over the course of many months, he worked on the prosecutor, pointing out inconsistencies with the child's report. He also presented the prosecutor with the positive reports from the classes. While the client admitted he handled the incident poorly, he pointed out it happened during the course of discipline. For a long time, the prosecution insisted that the client either plead to the felony charges or go to trial. In most cases, lawyers don't let their clients speak directly to the prosecutor. But in this case Attorney Verhoff suspected he could convince the prosecutor to change his mind if he spoke directly to the client. Our attorney had the client and his wife sit in on a meeting with the him and prosecutor. They answered several of the prosecutors questions and presented information directly to him. As suspected, the meeting was fruitful and the prosecutor ultimately agreed to our attorney's proposed resolution. The District Attorney amended the felony child abuse charges to counts of misdemeanor disorderly conduct. The client was offered the chance to participate in a deferred prosecution program, after which the remaining misdemeanors will be dismissed.
Felony Domestic Dismissed in Marathon County
Many people can picture this situation. Our client and his wife were stayed at a hotel in Wausau for a youth sporting event. After the games that day, many of the parents spent the night consuming alcohol. It was during this time our client and his wife got into a verbal argument. As she approached him, he grabbed her by the arms and held her down on the bed to prevent her from hitting him. Another parent heard the fight and called police.
Our client was arrested and prosecutors charged him with a felony for false imprisonment, as well as a misdemeanor disorderly conduct. The client hired Attorney Verhoff upon the advice of a local prosecutor. Attorney Verhoff engaged with the assistant district attorney in Marathon County and explained that he believed he could defend the case arguing self-defense. He also provided significant background to the prosecutor about the client. Prior to trial, the district attorney agreed. He extended an offer too good to refuse. He agreed to dismiss the felony and have the client participate in a deferred prosecution agreement on misdemeanor disorderly conduct. Provided our client stays out of trouble for the next year, the remaining charge will be reduced to a non-criminal ordinance violation, the legal equivalent of a parking ticket, and pay a $5.00 forfeiture. As an avid hunter, our client was thrilled to avoid a felony conviction or conviction for a domestic criminal offense, which would have resulted in the loss of his firearm rights.
All Around Victory: OWI Reduced to Reckless, DC and Refusal Dismissed
Law enforcement stopped our client for what is termed a "rolling domestic." He and his girlfriend were having an argument in the car, and she called police. Upon arrival, law enforcement pulled him over and asked him to step out of the car. The police began questioning the client about what happened. Officers also smelled an odor of intoxicants, and the client admitted to consuming alcohol at dinner. Authorities then asked him to submit to field sobriety tests, but he refused. He also refused to submit to a chemical analysis of his breath.
The client was arrested on a criminal charge of disorderly conduct, an OWI-first and the refusal to agree to a chemical analysis of his breath. Attorney Verhoff spoke with prosecutors at the time of charging, and they agreed not to charge a criminal offense. Instead, the District Attorney issue an ordinance violation on the disorderly conduct. As the case unfolded, our attorney was able to convince the prosecution to amend the OWI charge to a citation for reckless driving, dismiss the refusal, and dismiss the disorderly conduct citation. In the end, the client paid a modest fine on the reckless driving, but avoid a conviction for an OWI and the refusal, as well as a criminal charge, and the accompanying license implications and associated fines.
Injunction Petition Denied
A Dane County judge denied a domestic abuse injunction filed against one of our clients after Attorney Verhoff argued the evidence did not merit a finding that the client engaged in domestic abuse against the petitioner. He also argued that, given the timing of the filing, it appeared the petitioner was attempting to use the injunction as leverage in a family court case where child placement was an issue. At the conclusion of evidence, the judge agreed with our attorney's argument but went a step further. The judge stated that event if he believed the client engaged in an act that constituted domestic abuse he would still have denied the petition under the circumstances in light of Attorney Verhoff's argument.
Domestic Assault Dismissed Before Trial
The Madison Police Department arrested our client after a disturbance with her estranged husband. Upon review of the case, the Dane County District Attorney's Office charged our client with domestic battery. The client hired our firm and met with Attorney Verhoff. She described her marital life to him. As a former prosecutor who supervised the domestic violence unit, Attorney Verhoff recognized the client was actually a long-time victim of abuse in the relationship. He contacted local law enforcement and learned the complaining witness had been a suspect in several prior domestic cases against our client. He obtained the reports regarding those cases, and he also obtained a copy of an injunction the client previously filed against her husband. Armed with this information, Attorney Verhoff approached the prosecutor assigned to the case. He informed the prosecutor that if the case went to trial, he planned to put the "victim husband" on trial. Attorney Verhoff suggested the appropriate course of action consistent with the interest of justice was to dismiss the case against our client. Several hours after presenting his argument to the prosecution, the assistant district attorney assigned to the case contacted Attorney Verhoff and informed him the case was being dismissed.
Dane County Domestic Case Dismissed Before Initial Appearance
In this case, our client was arrested for a domestic disturbance involving his wife. After reviewing the case, the Dane County District Attorney's Office filed a non-criminal charge called County Disorderly Conduct against him. At the time, the client had a different attorney, who appeared and entered a not guilty plea on the client's behalf. Shortly after the initial appearance, the prosecution contacted the client and informed him the non-criminal charge would be dismissed. Then came the bad news: the prosecutor told our client he would be filing a criminal charge against him.
The client decided to look for new legal representation. Upon advice from a friend, he contact our office. Attorney Verhoff immediately contacted the District Attorney's Office. Although the criminal case had been filed at that time, our client had not yet been to court. Through negotiations, our attorney was able to convince the prosecution to delay the initial appearance. He then was able to get the prosecutor to agree to dismiss the charge before the formal court appearance upon condition the client met certain conditions. As negotiated, on the day of the initial appearance, the case was dismissed. The client may now truthfully answer that he was never charged or convicted of a criminal offense.
Three Separate Cases, Two Felonies, Declined
Three recent cases all share a common theme. The clients did not wait to be charged, but hired our office to assist before charges were issued. And that decision lead to no criminal charges being filed.
In the first case, a misdemeanor domestic situation, the client was arrested for disorderly conduct. He hired Attorney Verhoff on the advice of a different, local lawyer. The client was particularly concerned about the criminal allegations due to an ongoing child-custody dispute. Attorney Verhoff immediately contacted the prosecutor to share information about his client's version of events. He also informed the prosecutor that he had in his possession an audio recording that revealed the "victim" kicked and hit the client during the altercation. Once the prosecutor learned of this information, he decided to decline charges. After notifying him the case would not be charged, the client responded, "Thank you so much Tim. I couldn't be more pleased with the outcome. I hope to never require your services again however if I do, I know exactly where I'll be going."
In case two, the client was arrested for on a felony charge of false imprisonment and disorderly conduct. The client's boyfriend, who was the "victim" in the case, contacted our office for assistance. Authorities arrested the client after she and her boyfriend had a dispute during which she prevented him from leaving the residence. Once again, Attorney Verhoff spoke with the prosecutor tasked with making a charging decision. He provided background about the relationship and the client, who has no record and is about to embark on a career in the medical field. After listening to Attorney Verhoff, the prosecutor declined charges and the client was released from jail.
The third case also involved felony charges. This time, the client was arrested on a charge of possessing burglary tools. The client, a 17-year-old with a bright future, was stopped by police who searched his vehicle. Authorities discovered several items they believed he was going to used to commit a burglary. The client's parents contacted Attorney Verhoff before charges were issued. Interestingly, they were aware of the items in the vehicle and could provide legitimate reasons why the client was possessing them. Attorney Verhoff again contact the District Attorney's Office before charges were issued. He provided background to the prosecutor about the client, who by all accounts was no burglar. Attorney Verhoff also indicated that if the case was charged, the client's parents would testify about their knowledge of the items in the car and why they were there, which would undercut the prosecution's theory that he was planning to commit a burglary. Once again, all charges were declined.
Felony DV Case Dropped, Dane County
Our client was arrested and charged with a felony for false imprisonment of his live-in girlfriend. The client originally hired a different attorney, but unsatisfied, turned to Chirafisi & Verhoff for help. Attorney Verhoff had the case scheduled for a preliminary hearing. Prior to the hearing, Attorney Verhoff obtained the police reports and met with the prosecutor. He pointed out various difficulties the prosecutor would have proving the case if it went to trial, including the fact that no physical force was used and that a neighbor contacted the police about a loud argument, not the complaining witness. Attorney Verhoff also argued the client was 32 years old with no record and a conviction, or even a plea to a criminal charge, could have a catastrophic impact on his life because he was in the process of applying for an extended student visa to complete his post-graduate studies at UW-Madison. In short, Attorney Verhoff argued that this case amounted to an argument, not a criminal offense. The prosecutor, recognizing the weakness in the case after listening to our attorney amended the case from a felony charge to a non-criminal, ordinance violation that carries the same legal weight as a parking ticket. Needless to say, the client was quite relieved. And the judge's clerk was a bit shocked at the outcome when told the case was being amended from a felony to a non-criminal forfeiture violation. "You don't usually see that happen at a preliminary hearing," she commented.
Criminal Charges, No Criminal Convictions in DV case
A recent Chirafisi & Verhoff avoided criminal convictions after being charged in a domestic-related incident with a girlfriend. During an argument with his girlfriend, the client, who had been drinking, forced his way into a bedroom, breaking a door. The client spoke with police on the scene and confessed. He was arrested and charged with Disorderly Conduct and Criminal Damage to Property. He hired our firm and began working with Attorney Verhoff. Although the prosecutor initially wanted the client to plead to a criminal charge, Attorney Verhoff was able to convince the prosecutor to dismiss one of the charges outright and amend the remaining charge to a non-criminal ordinance violation, which is the legal equivalent of a parking ticket. Upon learning the news, the client simply said, "Am I so glad I decided to hire you."
DV Injunction Dismissed After Cross Examination
A Court Commissioner recently dismissed an domestic abuse injunction filed against one of our clients in a somewhat unusual situation. The client's former live-in girlfriend filed the petition months after the couple broke up and as they were disputing child placement and property issues. Prior to the hearing, Attorney Verhoff made a settlement offer to the petitioner. If she agreed to dismiss the injunction, the client would provide her with certain property. The petitioner and her lawyer flatly rejected the offer, wanting to proceed with the hearing.
The petitioner provided her testimony, and Attorney Verhoff set out cross examining her using various texts she had sent to the client. Needless to say, she had difficulty handling most of his questions. Before cross examination could be concluded, the Court Commissioner stopped the hearing and admonished the petitioner that she should consider trying to resolve the case. The hearing was adjourned and scheduled to continue about a week later. Upon return for the continuation of the hearing, the petitioner and her lawyer approached Attorney Verhoff and agreed to dismiss the injunction.
Domestic Battery and Disorderly Conduct Declined
A recent case is yet another example of why you should not wait until you are charged with a criminal offense to call our office. In this case, police in Dane County arrested our client for domestic battery and disorderly conduct after a physical argument with his adult daughter. The client contacted our office several days before his first court hearing. He provided Attorney Verhoff with significant details about what transpired, the history of problems with his daughter, and other details about himself and his family. Attorney Verhoff then met with the assistant district attorney who was tasked with making a charging decision. Fortunately, he was able to meet with her before a decision had been made. He provided the prosecutor with background detail and indicated, based on his knowledge of the case, a self-defense claim could be mounted on behalf of our client. After meeting with our lawyer, the prosecutor reviewed the case. She decided not to file any charges in the matter and contacted our lawyer to let him know. She even thanked him for providing her with important background information, not contained in the reports, that played part of her decision to decline the charges.
Felony Child Abuse, Domestic Disorderly Conduct Declined
In what can only be described as an incredible outcome for our client, Dane County prosecutors recently agreed not to charge him with felony child abuse and domestic disorderly conduct. Police arrested our client, who is 17 years old and considered an adult for purposes of criminal prosecution. Law enforcement took him to jail after he got into an argument with his father and allegedly punched his younger brother. A good student and a high school athlete, our client's future was on the line. Based on a recommendation from someone close to the Dane County legal community, the client's family turned to our firm for assistance. Attorney Verhoff immediately contacted the prosecution and arranged for a bail hearing, getting the client out of jail that same day. Attorney Verhoff then met with prosecutors to discuss the case. Ultimately, he brokered a deal by which the client agreed to engage in some community service and upon completion, the prosecution agreed to formally decline prosecution of the case. Having held up his end of the bargain, our client can now honestly answer, if ever asked, that he was never charged or convicted of a criminal offense in his life.
Felony Child Abuse Charge Dropped
Prosecutors in Dane County charged our client with child abuse after the client got into physical altercation with his teenage son. A neighbor witnessed the event and called police. When law enforcement arrived on scene, our client admitted to punching his child, but said he did so only after the teen charged at him. Our attorneys recognized the client had a self-defense claim and discussed the potential defense with the client and the prosecution. Before trial, Attorney Verhoff engaged in settlement discussions with the assistant district attorney and reached an agreement to resolve the case short of a trial. The client had two options: he could go to trial on the felony charge and raise self-defense, but risk a conviction. Or he could avoid a trial and agree to be convicted of the lowest-level crime in Wisconsin, a disorderly conduct charge. Under terms of the agreement, the client would not be required to go on probation, serve any jail time, or pay any fines. He would only be required to pay statutory court costs. Our client decided to settle his case and avoid the risk of a felony conviction at trial, which would have had a significant impact on his career. Although the client was convicted of disorderly conduct, this case is an an example a situation that we, and our client, consider to be a victory.
Domestic Disorderly Conduct and Intimidation of Victim Charges Dismissed
The Madison Police Department arrested our client for a domestic disorderly conduct and intimidation of a victim after he was in a dispute with his landlord. Before our firm became involved, the Dane County District Attorney's Office filed criminal charges against our client. The landlord also filed a domestic abuse injunction against our client. After a hearing on the injunction, the judge denied the injunction petition. Attorney Verhoff then used the dismissal of the injunction to our client's advantage in the criminal case. Before trial, Attorney Verhoff met with the prosecutor to discuss the criminal case. He outlined the proof problems anticipated with the government's case. He also shared the judge's decision regarding the injunction with the prosecutor, suggesting that if a judge refused to issue an injunction on the same facts (and a lower standard of proof), the prosecutor may have a hard time convincing twelve jurors our client was guilty of the crimes alleged. The prosecutor agreed and dismissed the case, much to the delight of our client and his family.