Possession With Intent to Deliver Heroin >50grams-Case Dismissed (Dane County)

Dane County has a reputation of being "soft" on drugs and for certain drugs like marijuana, that reputation is well earned. Dane County is no different than any other county in the state when it comes to heroin however. If you are caught selling or trying to sell heroin, normally there are no breaks and when there is a gun involved, forget it.

Our client was caught with 125 grams of heroin and a .45 caliber handgun in a bag he was carrying. So far, doesn't sound very promising.

However, after speaking with the client, we learned that neither the drugs nor the gun actually belonged to him. He had agreed to store it for a relative of his. Still not looking so good.

We were able to convince the prosecutor that the family member was the person they should be looking at to prosecute and the state agreed with our position. Once the family member entered a plea to a charge involving drugs, the state dismissed all charges against our client.

OWI/OWRCS- Dismissed-Grant County

Continuing with the previous post. What we didn't mention was that the client was also arrested and charged with Operating a Motor Vehicle While Intoxicated and With a Detectable Amount of THC in his blood.

During the motion hearing on the illegal seizure, the officer stated that he observed the client have "restricted pupils" and he was stopped in front of a known drug user’s residence. The Court found that the officer not only did not have a basis to continue with the detention of the client, the officer did not have a basis to believe the client was under the influence of drugs or that he had recently used drugs.

We have had a recent string of cases in which the state does not even bother to argue the motion, this was one of those times. The state conceded the motion and simply moved to dismiss the charges.

It was a good day.

15 Pounds of Marijuana - All Evidence Suppressed (Grant County)

Interesting case, fantastic results. Client was pulled over for having the wrong license plates on his vehicle. Once he was pulled over, the officer determined the title of the vehicle was also incorrect. So he suspected something more was going on. So, he called for a drug dog.

We reviewed the video of the interaction and determined that the officer intentionally delayed filling out the paperwork to allow the dog to show up. Once the dog appeared, it “hit” on the vehicle and police discovered 15 pounds of marijuana in the back seat.

We had a motion hearing with briefing on the issue and after all was said and done, the court agreed that the police unlawfully extended the detention and suppressed all the evidence.

OWRCS #2 - Delta 9-THC present - Dane County- Case dismissed

At first blush, the case looked difficult. Client had THC in his system making the charge a strict liability offense. If the government could prove the operation of the vehicle, they can get a conviction.

The police report indicated that the office pulled into a gas station and the client's vehicle was running, in a parking stall and the client was passed out. The officer indicated she had to pound on the window to wake the client.

The video showed a much different story. The officer never went up to the window. The client opened the car door for the officer. We had the officer in a clear misstatement. Attorney Chirafisi filed a motion to suppress the stop of the vehicle.

The state didn't even want a hearing on the case. They conceded the motion without a hearing. Can't really do much better than that.

Dane County Drug Charge Expunged

Law enforcement suspected our client of being a drug dealer. In a coordinated effort that included authorities from the State Department of Criminal Investigation, police targeted the client with a plan to arrest him and search his vehicle. Police followed him in his car and waited for him to violate a traffic law. Authorities ultimately stopped him for speeding, searched his vehicle and found several jars filled with more than 100 grams of marijuana. Prosecutors filed a criminal drug charge against the client. In a negotiated resolution, Attorney Tim Verhoff brokered a deal in which the client entered a plea to the misdemeanor charge of possessing marijuana. The judge ordered him to complete 32 community service hours, but authorized the expungement of the case upon the client's completion of the community service and payment of court costs.

Felony Drug Case, Juneau County

When a Wisconsin State Trooper conducted a recent traffic stop on the interstate, it turned into much more than a routine OWI investigation for one of our out-of-state clients. After detaining the client for weaving, the trooper ran the client through field sobriety tests and arrested him. The trooper asked the client if he had any weapons on him, and the client informed him there were two loaded handguns in the car. He also admitted to having marijuana and money. During a vehicle search, authorities located the guns, a mason jar filled with marijuana, and approximately $70,000.00 cash, banded in $100.00 bills. Prosecutors charged the client with a felony for possessing THC with the intent to deliver. They also charged him for possessing a firearm while impaired and for the OWI. The client hired our lawyer, Attorney Tim Verhoff, after a different lawyer in the Madison area recommended him. Ultimately, Attorney Verhoff was able to explain to the prosecutor why the client was carrying so much cash and weapons. Although the client agreed to plead guilty to the OWI charge, our lawyer negotiated an outstanding resolution in the criminal matter. The prosecutor agreed to dismiss the weapons charge outright. After hearing our explanation on the money, the prosecutor also agreed to amend the felony drug charge to a non-criminal violation of the Juneau County Code of Ordinances for possessing paraphernalia. But wait, there is still more! The prosecutor also agreed to return the weapons to our client, as well as all of the cash that was seized.

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.

MDMA Conspiracy Expunged, Dane County

After receiving information from the Department of Homeland Security and Customs and Border Patrol about a suspicious package destined for Madison from JFK International Airport, local law enforcement set up a drug sting. Through the investigation, law enforcement determined that 262 grams of MDMA was being mailed to a home in Madison from a location in Slovenia. Our client, who lives more than 100 miles away from Madison, was arrested in the sting after the Madison homeowner who received the package contacted him and asked him to come to retrieve the package delivered to her home. The Dane County District Attorney's Office initially charged our client with conspiracy to deliver designer drugs, a Class C Felony, carrying a penalty of up to 40 years in prison. Our Attorney, Tim Verhoff, worked the case and was able to convince the prosecutor to amend the charge to a substantially lesser offense that could be expunged. The case was resolved short of trial with the judge approving an agreement for an expunction of the case upon the client's successful completion of a probationary period. Needless to say, the client, who had no prior criminal record, was quite relieved to get a second chance at a clean record.

Delivery of THC (3 Counts) - Dismissed

Although courts are not operating as usual because of the COVID pandemic, Chirafisi & Verhoff are still getting outstanding results for clients. 

Again, another precharge case which we were able to step in and assist the client in avoiding a criminal conviction.  Client is a young man from a great family.  He was charged with Delivery of THC, however, when learning some facts about the case, the client was asked by his friend to get him THC and based on their friendship, the client agreed.  That ultimately led to charges.  

We were able to show the DA what actually occurred and how the charges were unjust.  The DA ultimately agreed that the defendant's case should be dismissed and did so at the initial appearance.  Client was thrilled.  No conviction of any kind.

OWI 2nd-THC and .09- Amended to Reckless Driving

Although courts are not operating as usual because of the COVID pandemic, Chirafisi & Verhoff are still getting outstanding results for clients. 

Client was called in by a bartender who was leaving after close and noticed the vehicle running in the parking lot.  The client was behind the wheel, sleeping.  Bartender couldn't wake the client so she called the police.  Officers watched the video showing the client entering the parking lot and parking truck, never getting out and going inside the bar.  The worst fact of the case was it appeared that the client had urinated in his pants while sleeping in the truck.

There was an alleged refusal and a search warrant was issued for the client's blood.  The first challenge to the case was the warrant.  It was woefully lacking in probable cause.  Corey Chirafisi challenged the warrant and to his surprise, the government conceded the warrant was invalid.  They never raised the issue of the "good faith exception" so the court suppressed the test result.

That led to the government amending the case to reckless driving.  Client avoid jail, AODA and license revocation.

Criminal OWI-2nd, RSC-2nd Amended to Civil Citation

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.  

Party To A Crime Possession of 72 Grams of Cocaine - Charges Dismissed (Dane County)

The first case involves a client who was a passenger in a vehicle stopped for a traffic violation.  In the course of that stop, officers located 72 grams of cocaine in the vehicle and $3,800 in cash in the clients purse.  

Now, to be fair, the driver of the vehicle said that the cocaine belonged to him, which is helpful.  The client told the police that the driver asked her to hold $4,000 in cash which was located in her purse, which is not helpful.  The State then made a decision to run DNA tests on the baggy in which the drugs were located and the scale located in the vehicle.  The portions of the scale had a positive DNA match for only one person in the vehicle, our client.

So, now we had a client as a passenger in a vehicle with 72 grams of cocaine, holding $4000.00 for the driver and her DNA on the scale used to weigh the drugs.  Seems like a good party to the crime case for the state.  

The State moved to dismiss the case against the client.  No cooperation, no amendment.  Just a straight dismissal.

OWI/Restricted Controlled Substance - Charges Amended

This case was challenging because it involved the client having Delta-9 THC in his blood.  The fact is, if Delta 9 is found in a person's blood, that person is guilty of Operating With a Restricted Controlled Substance, whether the state can prove impairment or not.  In this case, the client drove his car into a house, rupturing the gas line.  So, the driving was certainly considered poor.

We challenged the case on whether or not there was reasonable suspicion to conduct field sobriety tests.  We started with the Administrative Review Hearing where we were able to get the officer to admit that he didn't have any reason to believe the client was impaired by drugs or alcohol.

We then took that information and filed a motion in court to throw all the evidence out based on lack of reasonable suspicion.  Prior to the hearing being conducted, the prosecution offered to amend the charge to Reckless Driving.  A huge win for the client.

Drug Case Amended, Juneau County

Our client was arrested and charged with possessing marijuana after a traffic stop in Juneau County.  Originally, the client tried to represent himself in the matter.  The prosecutor gave him two options, plead to the criminal charge or have a trial.  The client then hired Attorney Tim Verhoff.  Our attorney reviewed the police reports in the case and recognized that the deputy engaged in some questionable conduct.  Attorney Verhoff filed a motion to challenge the deputy's contact and detention of our client.  The judge scheduled a hearing on our motion.  Minutes before the evidentiary hearing was set to begin, the District Attorney changed his tune.  He made an offer to amend the case to a non-criminal violation of the county ordinances if our client agreed to withdraw the motion.  The client, who agreed, was thrilled with the result, as he avoided a criminal conviction in the matter.

Federal Drug Case- 10 Year Minimum Mandatory-Client gets time served (14 days)

This case was a multi-defendant drug conspiracy in the Eastern District of Wisconsin.  Client was charged with distributing more than 500 grams of meth with approximately 25 other defendants.  That charge carries with it a minimum mandatory sentence of 10-life.  The other problem was, when the search warrant for the residence the client was staying at (his mom's), there was a firearm located in the bedroom where he was sleeping.  Drugs and guns in federal court are a problem.

The client was represented by another lawyer initially but a conflict led to the lawyer referring the client to our office.

While the drug case was strong for the government, including recorded phone calls where the defendants are discussing drug transactions, the thing we needed to do was get the government to get rid of the the gun.

If the government was willing to admit that the firearm was not involved in the case, the defendant could qualify for a "safety valve" exception.  That would allow the defendant to be sentenced below the minimum mandatory required by the statute.

After literally years of providing the government with proof that the firearm didn't belong to the client, and proof that he had just recently flown into town and wouldn't have had the firearm, the government gave in and agreed the gun could not be tied to the defendant.

That opened the flood gates for the client.  He had done a great job since the charge of finding stable employment, finding a residence and really turning his life around.

At the time of sentencing, the government made a recommendation for 3 1/2- 4 years in federal prison.  We recommended the time that he had already served (14 days) along with supervised release.  The judge followed our recommendation and did not send the client to prison. It likely saved his future.  Job saved, residence saved and chance to move forward in his life.

In this case winning the case didn't mean beating the charges for the client, it meant finding the way to get him to the "safety valve" exception which made the time served sentence possible.

OWI-Restricted Controlled Substance, Amended to Reckless Driving (Dane County)

This case involved a client initially stopped for speeding.  That speeding stop then turned into much more.  THC was found on her person and in the vehicle.  The client also admitted to smoking THC approximately 1 hour prior to the stop and her blood did contain Delta-9, the active ingredient in THC.  Our approach initially involved filing motions challenging probable cause for the arrest for OWI, based upon the client passing all of the field sobriety tests.  The real problem was the fact that the client admitted to recently smoking THC and the fact it was present in her blood.We litigated the case in municipal court, winning the restricted controlled substance charge, which was huge for the case.  We lost the OWI, but knew that on appeal, the prosecution would never be able to prove that charge. As the matter got closer to trial, the prosecutor offered to dismiss all the other tickets still remaining and amend the OWI to a charge of reckless driving.  The client was shocked a little, but realized how great of the result this was for her.

Felony Charge of Maintaining A Drug Dwelling Dismissed

Our client and his housemates were charged with maintaining a drug trafficking dwelling in Rock County after law enforcement raided their home.  Our attorneys reviewed the search warrant and found problems with certain aspects that allowed us to file a motion to challenge the validity of the warrant.  In speaking with prosecutors in advance of the hearing on the motion to challenge the search warrant, the prosecution made an offer to dismiss the felony and have the client plead to a simple possession of marijuana with expungement of the case after one year of probation.  The client, who accepted this offer, was very pleased with the outcome.

Felony Drug Possession- all evidence suppressed

Client was charged with OWI and felony drug possession. Client was involved in an accident which ultimately lead to police locating fentanyl in the client’s purse. The client was referred to Chirafisi & Verhoff from an outstanding lawyer in Milwaukee and we got started. The government wanted the client to plead to the felony drug charge, as fentanyl is an opioid, and they believed a conviction was appropriate. 

The video in the case actually was the big game changer here. The video showed the client was arrested and her purse was removed from her body and not searched for almost 20 minutes after she was put in the back of the squad car. That information was never mentioned in the police reports. 

We argued the search was unlawful without a warrant. After a lengthy hearing, the Court agreed, and suppressed the drugs found in the client's purse.

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.

No Charges in Drug Case, Dane County

Yet another case proving why hiring a lawyer before charges are filed can be instrumental.  In this case, law enforcement arrested our client after she overdosed on heroin.  A charge alone, regardless of a conviction, would spell the end of the client's career.  Attorney Verhoff worked with the client and law enforcement over a series of months in an attempt to convince the police not to file charges but to allow the client to seek treatment instead.  Ultimately, police agreed to do so and did not refer the case up for charging.  As we tell people, early involvement and intervention by a lawyer is often much more valuable than a win at trial after a charge is issued.