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.
Weapon Case Declined, Iowa County
This matter is another example why it is better to hire an attorney before you are charged with a crime than wait until after charges are filed. The client, retired from the military and licensed to carry a concealed weapon, was out walking on a nature trail with his wife, who suffers from a variety of medical ailments. They came upon individuals who were walking unleashed dogs. The dogs rushed toward the client and his wife, not responding to the owners. Frightened for his safety and the welfare of his wife, the client yelled at the dogs to stop. But it was to no avail. He then removed his firearm from his holster in the event he would need to use it and pointed it at the ground. Fortunately, the owners were able to get the dogs under control before anything happened. Upon seeing a firearm, however, the dog owners notified law enforcement. Two deputy sheriffs contacted the client and took a statement from him, indicating they were going to refer the case to the District Attorney's Office for criminal prosecution. The client immediately contacted our office. Attorney Tim Verhoff was able to obtain a significant amount of information from the client regarding his background and the circumstances with the dogs. This was information that was not included in the police reports. Our attorney then contacted the District Attorney's Office to present the additional information to the prosecution and to present arguments as to why, if anything, the client was engaged in self-defense and the defense of others. Our lawyer argued that no criminal charges were necessary. After reviewing the information from our attorney, as well as the police reports, the prosecutor agreed and declined filing charges. He also thanked our attorney "for reaching out to our office preemptively on this matter." Needless to say, the client was relieved.
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.
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
Gun Charge Dismissed At Initial Appearance
A Dane County court commissioner had no choice but to dismiss a criminal charge of going armed while intoxicated against our client at a recent initial appearance. The client, who was pulled over for a traffic violation, was initially charged with a criminal offense for having a firearm in her possession while she was intoxicated. Attorney Verhoff attended the first hearing and received a copy of the charging document called the criminal complaint. He immediately noticed the complaint failed to allege that the firearm was loaded at the time our client possessed it. This is an element of the criminal charge. Our attorney moved to dismiss the complaint and charge based on the prosecution's failure to sufficiently allege all elements of a crime in the charging document. Given the defect in the complaint, the court commissioner dismissed the case.
Client found NOT GUILTY in gun case
The new law in Wisconsin which allows our citizens to carry a firearm has caused the lines on what citizens can and can't do with a firearm to become blurry.
Police were dispatched to a 911 call of a man with a gun. The complaining witness informed dispatch that the vehicle they had just passed had a driver in it who threatened them with a gun.
The police stopped the client at his home and he acknowledged that there was an incident on the road and that he did display a firearm. The officer testified that the client told him that he showed the gun to the couple in the other vehicle "so they knew not to [mess] with him."
The client hired Chirafisi & Verhoff, and after some research, the attorneys believed the client's actions were not only justified, but not in violation of the law on carrying firearms. The matter went to trial on June 9th and after 4 hours of deliberation, the jury found the client not guilty and the case was dismissed.