9 Counts in 2 Criminal Complaints Dismissed. Minimum Mandatory 25 year sentence - Dane County- Over 240 years of possible imprisonment dismissed

We have been saying for some time that our results are uncommon. No case we have handled better illustrates that fact than this one.

Client was charged in a case which gained attention based on his job, a teacher at a middle school.

He was initially charged in a 4 count complaint with among other things, first degree sexual assault of one of his students.

Almost 2 years later the child accused the client and his roommate of sexual assault, adding 5 additional counts to the charges. The new charges added a twist, the allegations triggered a minimum mandatory sentence of 25 years to two counts. Meaning if the client was convicted he would have to serve 25 years in prison before the possibility of release.

We filed a motion to dismiss the case because the police destroyed an interview with the child where the child denied he had ever been assaulted in any way. We also dug in and did the “hard shit” getting experts to go through forensic evidence. That evidence established the child was clearly lying about the allegations. We presented that evidence to the DA, along with our motion to dismiss.

Prior to the hearing, which has been a staple in our cases lately, the DA simply moved to dismiss all charges. It is the 3rd case in a row, handled by Corey Chirafisi that the hearing never actually took place, instead the government simply dismissed the charges.

We believe that these results are better than other firms. We are happy to put these results up against any other firm.

The client can try to piece his life back together after 2 long years. We are thrilled to be a small part of that process.

3 More Cases Dismissed

In the last 10 days, Chirafisi & Verhoff has had 3 outcomes in cases which are worthy of mentioning. 2 OWI cases and a possible sexual assault charge. Each client walked away with no record of any kind.

Case No. 1- OWI 1st/BAC .12- Case dismissed by prosecutor.

The client was stopped because he was squealing his tires in downtown Prairie du Chien at bar time. A police officer was patrolling downtown and observed the violation, pulling the client over. What flipped the case was the video (as it is many times). On the video, after placing the client under arrest, the officer began to speak to him regarding possible penalties if he either agreed to, or refused the blood test. The problem was the information the officer provided was incorrect. Attorney Corey Chirafisi filed a motion to suppress the test result and the prosecutor simply conceded the argument and informed the court that he was dismissing the matter. No amendment, just a complete dismissal.

Case No. 2- precharge on possible charges of Intercourse with an Unconscious person- Dane County.

As we have mentioned many times in the past, we do quite a bit of pre-charge representation. If a client believes charges may be forthcoming, we get involved and usually can help with the case right from the start. In this case, the client believed that he might be charged for a consensual encounter with a woman the evening before. She had filed a restraining order against the client. We handled that matter, got it dismissed. Then the police came calling. Obviously, the client made no statements and he did comply with a DNA test. After approximately 8 months, law enforcement called and informed Attorney Corey Chirafisi that they were not going to forward charges to the DA, they did not believe they could prove the case. Client was able to avoid any charges and the restraining order was denied.

Case No. 3- OWI 2nd/BAC .258

This is a follow up from an early post where Corey Chirafisi was able to convince the trial court to throw out the clients blood alcohol concentration test of a .258. However, the driving in the case was terrible. The video, which usually helps, was very bad for the client. He was slurring his words, couldn't follow directions and just looked drunk. The case was amended from an OWI to Negligent Operation of a Vehicle. That is great, the client was able to get out of an OWI. What was better was at the end of the hearing, the court expunged the charge of Negligent Operation. No record of any kind. Result could not have been better.

Motion Granted for Privileged Records of Witness

Normally, we only post results once a case is completed. However, we had some results in cases this week that we feel compelled to share. While some of the cases are not concluded, we will make sure to let you know how they turn out.

Thursday- Client is charged in a multi count complaint alleging three (3) counts of sexual assault. After receiving the reports in the case, Corey Chirafisi believed there was a motion to get the privileged psychological records of the complaining witness. The motion can be difficult to win, however, it can also provide very useful information if granted. The records are initially reviewed by the judge.

We filed the motion seeking five (5) different records from counselors regarding the past psychological counseling of the witness. Prior to the hearing, the prosecutor called and informed us that he was not going to object to the records being reviewed by the judge. The judge granted the motion in its entirety.

Second Degree Sexual Assault- Precharge Diversion Agreement Entered Into

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

We do quite a bit of "precharge" cases.  Those are cases where charges haven't been filed, but very likely will be.  Getting a lawyer to gather evidence and work on the case before charges can be filed are incredibly helpful, as this client found out.

Client was referred to Corey Chirafisi regarding 2 counts of sexual assault.  Both counts would have been charged as 2nd degree Sexual Assault.  They would have required lifetime sex offender registration and potentially prison time.  We worked with the DA's office on the case and ultimately resolved all charges with an uncharged deferred prosecution agreement.  The client did not have to plead to any charges and was never convicted of anything.  If he completes the terms of the agreement, the possibility of charges are gone forever.  The great part of the agreement for the client is that if something goes wrong with the agreement, he has the opportunity to fight the case on its merits.

2nd-Degree Sexaul Assault Dismissed

The Dane County District Attorney's Office filed a felony charge of second-degree sexual assault against our client, alleging he inappropriately fondled a woman who was serving as a family babysitter.  The client was referred to our firm by a different lawyer in the Madison area.  During the initial consultation, the client's family members informed our lawyers that the client was suffering from serious medical problems involving his brain.  These medical issues could have played a part in any alleged conduct if true.  After multiple meetings, however, it became clear to Attorney Tim Verhoff that due to his medical issues, the client was not able to assist in his own defense.  In short, the client lacked the ability to form short-term memories.  Prior to the preliminary hearing, our lawyer raised the issue of competency to the judge.  The assigned prosecutor initially was skeptical.  However, the judge ordered an evaluation by a government doctor.  After the evaluation, the doctor agreed with our attorney's hunch that the client was not competent to proceed in the case.  Still skeptical, the prosecutor asked the court to suspend proceedings and an order for a second evaluation to be completed.  The second evaluation produced the same results.  Pursuant to a reasonable degree of medical certainty, the client was not competent and was not likely to regain competency due to his brain condition.  Given the circumstances, the prosecutor agreed to dismiss the charge against our client.  Although the client's mother remains devastated by her son's medical condition and prognosis, she was appreciative that we immediately recognized the legal problem and obtained the appropriate outcome as quickly as possible.

Sexual Assault Case Declined

In this matter, the client hired our office after members of Dane County law enforcement contacted him to question him about an allegation of sexual assault.  Our attorney spoke with the detective and ultimately the prosecutor when the case was referred to the District Attorney's Office for potential charges.  Through this process, our attorney was able to provide information to the DA about the client, the complaining witness, and factual details before the prosecutor ever set eyes on the police reports.  The information we provided was not otherwise included in the reports from law enforcement.  With this additional information in mind, the prosecution agreed not to file a criminal charge against our client.  Although the process took several months and was stressful for our client and his family, he appreciated having someone in his corner fighting for him every step of the way. 

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.

Precharge case involving allegation of 3rd Degree Sexual Assault- No Charges filed​

We have preached over and over in this blog the importance of “getting ahead” of an investigation. When a client reaches out to us upon becoming aware of a possible criminal investigation, we have the opportunity to really help.

This client had a lot on the line. A teacher who, if charged, would have likely lost his job, even without a conviction. The allegations would have been a problem for him moving forward. He made a decision to get in touch with us immediately before any charges were filed. We were able to get the district attorney’s office to agree to hold off on charges until we finished our investigation. That was a huge help. We were able to get all the reports as well as do our own investigation. After a few weeks, we presented that information to the D.A., who declined all charges. 

Everyone wants to win trials, they are great. Still, the best work a lawyer can do in our opinion is to avoid charges from ever being filed. You will see that as a theme throughout the next entry.

DESPITE SEXUAL ASSAULT CHARGE CARRYING MANDATORY PRISON TERM, CLIENT AVOIDS ANY INCARCERATION

In this case, the client was arrested in a sting operation involving the solicitation of a 14-year-old girl online for sex.  The client was originally charged with three felony offenses, one of which included a mandatory minimum of five-years in prison.  Attorney Verhoff realized the prosecution would be able to prove the case if there was a trial.  As such, he immediately went about finding ways to convince the district attorney to dismiss the charge with the mandatory minimum sentence.  Ultimately, he was successful.  The client then entered a plea to the remaining charges and the parties argued to the judge what appropriate sentence should be.  Although the government presented an argument that included a significant period of incarceration, Attorney Verhoff argued that under the totality of the circumstances, a probationary outcome was appropriate and no amount of incarceration was necessary.  The judge agreed.  Although the client was convicted of a felony crime in this case, he was very relieved he was not sent to prison, nor was he ordered to spend any time in jail.

Sexual Assault Case Dismissed, Felony Declined

The Madison Police Department arrested our client after he attended a local house party and allegedly groped two female attendees.  He was also alleged to have punched a party goer, though it was in reaction to being hit by someone else.  At the time of the client's arrest, the officer also claimed the client resisted and caused an injury to the officer, which is a felony offense. 

Upon advice of a judge, the client's family contacted our office for help. Attorney Verhoff went to work before charges were filed, providing the prosecution background on the client as well as the incident.  After speaking with Attorney Verhoff, the prosecution agreed to file no felony charges.  However, the client was charged with two counts of misdemeanor sexual assault, misdemeanor battery, and misdemeanor resisting.  The case was assigned to a different prosecutor in the office to handle for purposes of trial.  Through negotiations, Attorney Verhoff was able to explain the significant impact the arrest and prosecution had on the client.  He argued the client was young with no record, and continued prosecution in the justice system was not needed.  After listening to Attorney Verhoff's arguments, the prosecutor agreed and dismissed all charges.

4 More Outstanding Results Include No Prosecution on Negligent Homicide Charge

In the past 10 days or so, Chirafisi & Verhoff has had four more outstanding outcomes for our clients!

Case #1- Pre-charge Negligent Homicide

This case involved a motor vehicle accident resulting in the death of the client’s passenger.  Initially when the client’s family called us, there was an allegation that the client had failed to stop at a stop sign, resulting in the vehicle striking a semi which ultimately led to the death of the passenger.  We were informed that there were multiple witnesses who observed the accident.

At that point the client had not been charged, so it gave us an opportunity to get to work on some areas of the defense.  The first thing we did was hire an accident reconstructionist.  The expert was able to get out to the scene shortly after the accident and get measurements before the government was able to complete their reconstruction.  

We notified the State that we had been retained and that an expert was on board.  Ultimately after more than 8 months of investigation in the case, the State had the detective assigned to the case inform us that no criminal charges were being brought against the client.  While the case involved a tragedy when the passenger lost his life, we were able to help avoid the client from having to face serious felony charges stemming from the accident.

Case #2-  OWI 1st/Refusal- Complete Dismissal of all Charges

Client was on vacation at a campground when he was arrested for OWI 1st.  What made matters much more difficult was he was an Illinois licensed driver.  The penalties for Illinois drivers arrested for OWI in Wisconsin is very severe in Illinois.  Clients can lose their driving privileges in Illinois for years, even on 1st offenses.

The client was also alleged to have refused to submit to an evidentiary chemical test of his blood when requested by the police.  Believe it or not, the case involved the client driving a gas powered golf cart on a public roadway.  He was involved in an accident which severely injured him and he had no memory of what occurred.  The prosecutor wasn’t moving on the case, initially recommending the OWI charge along with the IID requirement.  

We began by watching a video from a bar parking lot where the accident occurred.  We slowed down the video literally second by second.  What we discovered was for a split second on the video, headlights from a vehicle were on the golf cart and we could see that another person was actually the driver of the golf cart.  Once the accident occurred, that person fled the scene and because our client suffered a head injury, he had no recollection as to who was driving.

We then showed the prosecutor the video from the bar and he dismissed all charges against the client.

Case #3- OWI/PAC 1st- Dane County- amended to inattentive driving

This client, like many we have, needed a valid license to continue working a brand new dream job he had just landed.  A conviction would have resulted in immediate termination from his company.  

A gas station worker witnessed our client pull into the parking lot with a flat tire and riding on his rims.  The client was alleged to have parked his car, opened the door and threw up, then tried to go to sleep in the parking lot.  The police arrived shortly after our client got there, and our client was put through field sobriety tests after the police noticed his blood shot eyes, slurred speech and his clothes having vomit on them.

The client tested a .088 on the breath test after being arrested.  Further, the client informed the police that he had not consumed alcohol for 6 plus hours as it was approximately 5:30 a.m. when the police made contact with him.

Ultimately after back and forth negotiations with the prosecutor, the government offered to resolve the case for an inattentive driving ticket.  It saved the client's career.

Case #4- Two Counts of Second Degree Sexual Assault turned into One count of Child Abuse to Deferred Prosecution with Alford Plea

This case took two years to resolve.  It started as 2 counts of sexual assault.  Client had used our services in the past and when these charges were filed he came to us again for assistance.

The turning point in the case was when we were able to convince the judge that the time alleged in the complaint (approximately 3 weeks) was too long.  The prosecution was required to go back to the mother of the complainant and she had to narrow down the time frame.  That changed the entire case.  She narrowed it down to 3 days.  When we were provided with that information, we were able to get the client's work records which showed it was likely that he was working at the time of the allegation.  

Once we provided that information to the DA, the case basically fell apart.  If the client does not get in any trouble for the next 12 months, the entire case will be dismissed.  Outcome totally changed our client's life. 

There Is Always Hope, Sexual Assault Case

This case is an example of an extraordinary result, despite what appeared to be a legal dead end.  Our client was charged and convicted of sexual assault several years ago.  He was placed on probation and also served a jail sentence as condition of probation.  At the time of his conviction, he was represented by one of Wisconsin's top criminal defense lawyers (who achieved a fantastic result by avoiding a felony conviction for the client).  Unfortunately for the client, a graduate student with outstanding academic credentials and the potential to make world changes due to his research, the misdemeanor sexual assault conviction spelled trouble in terms of staying in the United States to continue his work due to immigration issues.  The client went to his original lawyer to see if anything could be done.  That lawyer said he didn't think he could help.  But he told the client if there was one attorney in the state who might be able to make a difference, it was Tim Verhoff.  The client then hired our firm.

Attorney Verhoff realized there was no legal basis to convince a judge to allow the client to withdraw his plea on the merits.  Instead, Attorney Verhoff would have to accomplish what seemed impossible.  He had to convince the District Attorney's Office to agree to reopen a three-year old sexual assault case and voluntarily vacate a conviction.

Our attorney went to work gathering information about the client to make the argument that not only would the reopening the case help the client, but it would benefit society as a whole.  After several months of discussions, the District Attorney agreed to Mr. Verhoff's request. A court hearing was scheduled during which the District Attorney supported allowing the defendant to withdraw his plea to the sexual assault charge.  The DA's Office then amended the charge to disorderly conduct, to which the client entered a plea and was convicted.  For sentence, the judge imposed a short jail term, deemed served by the time the client previously spent in jail.  This is an outcome that is, literally, unheard of.

4 Counts of 1st Degree Sexual Assault of a Child- Prosecution Declined

This is the perfect example of the benefits getting a lawyer prior to being charged with a crime.  Our client is the mother of 4 children going through a nasty custody dispute with her ex-husband.  The family court matter had become very difficult for her to deal with.  The client’s ex-husband was impossible to deal with and he wanted sole custody of these kids.

Then one day, her life changed:  A police officer had called her and wanted to speak with her regarding an allegation of assault, against her own children.  The client was referred to our office from a lawyer in Minnesota.  She made a decision to hire our firm to deal with the case before it ever got charged, and that turned out to be a fantastic decision.  Sexual assault of children is, other than homicide, widely considered the most serious offense a person can commit.

First, the interview scheduled with the officer was cancelled.  That, in our firm’s opinion, should never happen.  No one should ever speak to the police without first consulting a lawyer.
Next, we were able to obtain a large portion of the interviews and records from the on-going family court matter.  That information turned out to be the thing that saved the client.  We were able to put together information which we presented to the District Attorney’s office before the police got all the reports to them.

This information was coupled with our arguments as to why the case should never be charged and why there would be no possible way for the government to prove the case if it was charged.  The case went on for many months with no word from the prosecutor.

Finally, after many months of back and forth, the prosecutor contacted us and informed us the information we provided was useful in making a decision on the case.  The case was ultimately declined.  No better news is possible in criminal law.  No information on CCAP, no hiring a lawyer for trial and no bar to having contact with the children while the case is pending.

It was an amazing result for the client and shows how getting a lawyer ahead of time can really make a difference.

Sexual Assault Charge Declined

Law enforcement in South Central Wisconsin contacted a Chirafisi and Verhoff client regarding a report of a sexual assault that was alleged to have occurred more than a year earlier.  The client wisely, but politely declined to meet with the detective and immediately contacted our office.  Our lawyers then contacted the detective on our clients behalf.  Our lawyers did not allow the client, who denied wrongdoing, to speak with law enforcement.  However, our lawyers were able to obtain significant information about the case from the detective.  Our lawyers then contacted the prosecution to discuss the case before a charge was issued to discuss the case.  No charges were filed, and the case was declined.