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.
Violation of Harassment Injunction-Iowa County
Our client ad an outstanding warrant for not complying with the terms of a harassment injunction. She was understandably concerned as law enforcement was attempting to arrest her. She called Chirafisi & Verhoff to see if there was anything that could be done to help her situation.
There was: First, we got the warrant quashed so the client could continue with her day to day activities without being concerned that she was going to be arrested at work or her house. Then, we were able to review the correspondence between the client and the complaining witness which made it clear that the complaining witness was simply playing games with the legal system. After the initial appearance, we provided the prosecutor with the emails and text which made it clear that the complaining witness wasn’t looking for actual assistance to keep the client away from him, he was using the police to arrest the client when he didn’t want her around.
Once the prosecutor saw the emails and text, he agreed that the charges were not appropriate and dismissed the case outright. Our client was extremely grateful as it allowed her to continue on her career path without any further issues.
Iowa County Drug Conviction Avoided
Our client spent an evening camping with friends at a state park in Iowa County. While there, a DNR warden contacted our client and his friends. During the interaction, the DNR warden suspected that individuals in the group were in possession of illegal drugs. The warden investigated, and our client ultimately was arrested and charged with a criminal offense for possessing marijuana. Worried about the implications a criminal conviction would have on his future ability to obtain jobs, as well as his eligibility for student loans, he contacted an attorney who referred the client to Chirafisi & Verhoff.
Attorney Tim Verhoff met with the prosecutor assigned to handle the case and reached a resolution by which the assistant district attorney agreed to amend the charge from a criminal drug offense to a non-criminal violation for excessive noise at a state campsite. For penalty, the client had to pay a small fine. Needless to say, the client was thrilled with the outcome.
Iowa County-Possession of THC and drug paraphernalia, all charges dismissed
Our client was charged with possession of THC and possession of drug paraphernalia resulting from a traffic stop of his vehicle. Chirafisi and Verhoff reviewed all the evidence in the case and believed that the officer in this case did not have probable cause to search our client's vehicle based on the reason for the stop.
Chirafisi and Verhoff filed a motion challenging the evidence located as a result of the search and the government agreed without having a hearing that the evidence was obtained as the result of an unlawful search. The charges against our client were dismissed!