Forgery/Uttering Dane County-Case Dismissed at Preliminary Hearing

In our opinion, lawyers today waive preliminary hearings far too often. We believe those hearings can be an essential piece to setting up a client's defense, and in some cases, getting the case dismissed.

Client was charged with forging his ex-wife's signature on family court documents which were then presented to the family court commissioner. To make the matter more interesting, the client's own lawyer told police investigators that the document containing the alleged forgery was provided to her by the client.

Attorney Corey Chirafisi believed two things; first, the way the state had charged the case would prevent the state from being able to establish each element of the charge and second, the statement made by the lawyer had to be excluded.

At the preliminary hearing Attorney Chirafisi objected to any statements made by the client's family lawyer on the grounds of attorney-client privilege. The court ultimately granted that objection and precluded the state from introducing any of those statements.

Then Attorney Chirafisi pointed out how the state could not meet one of the elements of the charge. The court ordered the matter to be briefed by the parties. After briefing was complete, the court agreed that the facts did not support the felony charge of forgery and the case was dismissed.

Having preliminary hearings doesn't happen with many law firms, we think that in some situations, they are invaluable. This case showed just how valuable they can be.

DA Amends, Then Dismisses Multiple Counts of Identity Theft

Our client, a young college student, found a credit card in his residence hall. Unfortunately, rather than simply returning the card to its owner, he used it on multiple dates to purchase food. The resulting criminal investigation led to authorities charging him with five felony counts of identity theft. He also faced disciplinary consequences from the university. Attorney Tim Verhoff met with the client several times to get a better idea of why he engaged in the conduct. When they met with authorities from the university, our attorney was able to present this information, and the client was able to continue his enrollment. In the court system, our attorney used the same approach. Although the prosecutor was reluctant at first, Attorney Verhoff was able to convince the DA to amend three of the felony charges to misdemeanor offenses and dismiss two of the felonies outright. On the remaining three misdemeanors, as amended, our lawyer reached an agreement with the District Attorney's Office to resolve the case by having the client participate in a deferred prosecution program with a dismissal of all the charges upon completion. Needless to say, the client and his family were thrilled with the outcome.

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.

Injunction Dismissed, Dane County

Our client, a member of the military, returned from deployment and moved in with his girlfriend.  The relationship was strained, and the couple had a significant argument that night.  The next day, the girlfriend sought a harassment injunction against the client and he was served with a temporary restraining order.  As a military member, this was significant because people subject to an injunction can be prohibited from possessing firearms, meaning a career in the military could be in peril.  Our attorney was able to reach the client's girlfriend in advance of the hearing on the permanent injunction.  Attorney Verhoff was able to broker a deal in which the client signed a contract, agreeing to move out of the apartment and have no contact with his girlfriend, provided she agreed to voluntarily dismiss the injunction petition.

No Charges In Theft Case

In this case, Dane County law enforcement sought multiple criminal charges against our client after he was alleged to have gone through mailboxes in his neighborhood, removing mail, stealing money, and cashing a check.  In speaking with the client and his parents, it was clear  the client suffered from significant mental health issues that contributed to the conduct.  Attorney Tim Verhoff was able to contact the prosecutor who was reviewing the case for charges.  She informed him that she planned to file nearly a dozen criminal counts against him.  However, Attorney Verhoff provided the prosecutor with documentation regarding the client's mental health issues.  In a calculated move, he also agreed to have the client make a statement about the incident.  The move paid off, as the prosecutor agreed not to file formal charges against the client.  Instead, she agreed to have him participate in a deferred prosecution program.  Assuming the client successfully completes the program, he will never be formally charged in the criminal justice system.  This was a wholly appropriate outcome under the circumstances.

Felony Injury to Cop Dismissed at Preliminary Hearing

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.

Felon In Possession of Firearm - Dismissed

In this day and age, firearm possession is a hot topic.  In this case, we had a client who had a prior felony conviction, which prohibited him from possessing a gun.  The police responded to his residence and located a firearm under his bed.

It would seem like a pretty open and shut case right?  Wrong.  The government has to prove not only that the client was aware the firearm was present, they also have to prove that he had an intent to exercise control over the gun.  That was the problem, there was no way that could be established. The client lived at the residence with his girlfriend (who was the person who called the police). They could not prove the gun was registered to him or that he had ever touched it. 

This case was dismissed at the second court appearance. 

FELONY BATTERY CHARGE DISMISSED AT FIRST COURT HEARING

Our client was arrested after he was involved in what could be described as a road-rage incident. He was taken to jail, and prosecutors filed against him a felony charge of substantial battery. His family did not know where to turn and asked a local lawyer to suggest a criminal defense attorney. He recommended Attorney Tim Verhoff. Our attorney attended the initial appearance in the case. He reviewed the formal charging document, called a criminal complaint, and recognized it failed to set forth the proper elements to support the allegations against the client. Attorney Verhoff made an oral motion to dismiss the felony assault charge. After hearing argument from both Attorney Verhoff and the assistant district attorney, the judge agreed with our lawyer. He dismissed the felony charge, and the client was released from custody.

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. 

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.

Felony Hit and Run Causing Great Bodily Harm Amended to Misdemeanor without Injury

Prosecutors charged our client with a felony count of hit and run, causing great bodily harm after he was involved in an accident and left the scene.  Police, who investigated the case prior to the client hiring our firm, contacted him about his car being involved in an accident.  The client admitted to driving and being involved in the crash.  Authorities then filed a felony criminal charge against him.  Due to our client's business, he could not afford a felony conviction.  Nor could he stay in business if his license was revoked for a period of two years, one of the consequences of being convicted of the felony charge.  Although police and prosecutors suspected the client was impaired at the time of the accident, they could not prove an OWI.  Understanding our client's needs, as well as the prosecution's desires, Attorney Verhoff worked out a creative solution to the case.  Aware that the government would like to get an OWI conviction out of the case, he proposed the client enter a plea and be convicted of a non-criminal first offense drunken driving and in exchange he asked the prosecution to amend the case from a felony causing great bodily harm to a misdemeanor hit and run that did not include injury.  Spared the a felony conviction, as well as a prolonged license revocation, the client was very satisfied with the outcome.

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. 

Another Felony Stalking Case Reduced

In this Dane County case, the client was charged with stalking a woman with whom he had a previous relationship.  Although he never made any threats to her or took any action toward her, he did repeatedly call her, text her, and often came to her residence.  But our attorney had a very strong card to play, evidence that the complaining witness sent texts to our client in the weeks leading up to his arrest.  Ultimately our attorneys brokered a deal with the prosecution in which the client agreed to plead to a lesser charge of disorderly conduct.  He also agreed to be supervised on probation for one year, but he was not required to serve any jail time.   

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.

3 more outstanding results- Felony dismissed at preliminary hearing

The first case is out of Dane County: a felony battery. The client was charged with striking a person on a downtown Madison street.  That person fell down, struck their head and lost consciousness. The Dane County DA's office has a policy of not attempting to resolve cases before preliminary hearings.  We here at Chirafisi & Verhoff have a policy of not waiving preliminary hearings for no reason.

At the preliminary hearing, the officer testified to our client's version as to what had occurred.  The prosecutor never asked the officer about any other version of what had happened. The Court, armed with only the version set forth by our client, found that the state had not established probable cause and the felony was dismissed.  

More soon regarding out two other recent outstanding case results...

Felony OWI Reduced to Misdemeanor

Our client was arrested and charged with a felony OWI in Dane County.  Upon review of the client's driving abstract, Attorney Verhoff recognized one of the prior convictions upon which the prosecution was relying as a basis for counting prior convictions could not be used in the pending case.  This was because the earlier conviction transpired in a municipal court that did not have proper jurisdiction over the case.  Based on our lawyer's challenge to the use of the prior conviction from municipal court, prosecutors from the Dane County District Attorney's Office were forced to reduce the pending charge from a felony to a misdemeanor.  Spared a felony conviction, the client was thrilled.

Felony Sexting Case Dismissed

The Wisconsin Attorney General's Office recently declined felony charges against our client in a local sexting scandal among area teens. Authorities began investigating the case of wide-spread sexting at an area high school. Several students were formally charged with crimes in circuit court for their actions. In this case, Attorney Verhoff met with the assistant attorney general assigned to handle all of the prosecutions prior to our client being charged. Unlike most of the other individuals in this case, who formally faced charges in court, Attorney Verhoff brokered an agreement with the AG's Office in which no charges were formally filed against our client. Instead, the client was required to complete a deferred prosecution agreement. Having done so, the prosecution has agreed to now formally decline the case. Although this case took several years of patience to be completed, the client and his family are thrilled with the final result.

Felony Sexual Assault Reduced to Misdemeanor With Expungement

When our client received a summons to court for charges alleging repeated acts of sexual assault of a child, he went into panic mode. Although the client was in his early twenties, the Dane County District Attorney's Office charged him for several acts that occurred when he was approximately 14 years old. The family hired our firm before making an initial court appearance. Attorney Verhoff contacted the District Attorney and requested a meeting at which he suggested that had the case been filed at the time of the offense, the client would have been treated as a juvenile. Attorney Verhoff proposed a postponement of the case to give the client time to undergo various evaluations and treatment to demonstrate he was not a high risk to re-offend. Assuming that checked out, Attorney Verhoff proposed amending the charge from a felony offense to a misdemeanor that could be expunged from his record. As Attorney Verhoff argued, this would be an outcome that very much mirrored what would have happen in juvenile court if the client had been charged at that time in his life. The District Attorney agreed to the proposal. At the plea hearing, the judge was at first taken aback by the proposed outcome in this case. But once Attorney Verhoff explained it thoroughly, she said she was very comfortable with the outcome and accepted the agreement in full. This case is an excellent example of our firm thinking outside the box to resolve cases favorably for clients.

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.

Felony Battery amended to DC ticket

Client was already charged when he called so this was not a precharge situation. Client was accused of breaking the jaw of another man in a fight. Client had posted material on social media confirming he in fact had done that, and was bragging about what occurred.

We sent an investigator out to speak to witnesses that the police had never bothered to speak with. We had approximately 5 people provide statements regarding what they had seen and how the matter was really a self defense case. We presented that information to the prosecutor handling the matter. The offer went from "plead to the felony with restitution" to a non-criminal ordinance violation and no restitution owed.