Local police arrested our client for child abuse after she had an altercation with her teenage son. Upon advice from a different, Madison-based criminal defense lawyer, the client's family contacted Attorney Tim Verhoff for help. His first step was to get the client out of jail as quickly as possible. He then went to work negotiating a possible resolution of the case before a formal charge was issued. Based on his negotiations with the prosecution, Attorney Verhoff worked out an agreement by which the DA agreed not to file formal charges against the client, provided she successfully completed a deferred prosecution contract. Spared the embarrassment, anxiety, and other complications stemming from a formal criminal prosecution, the client was delighted with the outcome achieved.
Finding Of Child Maltreatment Vacated by Court
While this is not something we do everyday, this was the continuation of a case that started in criminal court. It also shows the extent the government will go in an effort to get a client.
The client was originally charged with Reckless Child Abuse in criminal court. That case proceeded to trial and the client was found not guilty in approximately 5 minutes. That did not end the matter.
The county then decided that even though the client was found not guilty, they would move forward with a claim that the client was a child abuser. The client interacted with kids on a daily basis and was unwilling to accept this finding.
The case initially went to hearing. At the hearing every single witness who testified stated that what had occurred was an accident. Every witness. The Administrative Law Judge disagreed and found that the county had proven their case.
One thing we take pride in at this firm is the willingness to take the cases to places other firms are not, if necessary. So, we appealed the judge's decision. The case moved to the Wisconsin Department of Justice. Finally, an Assistant Attorney General took a look at the case and agreed with our position on appeal that the judge was wrong on the law. The government then moved to dismiss the case with prejudice. It cannot be re-filed and the client is finally free from the shadow the case had cast over him for so long.
Precharge case involving allegation of Child Abuse- No charges filed
Same scenario as our previous post. Client with a lot to lose found herself being accused of child abuse and arrested by law enforcement. She called us the same evening she was arrested and we began working on the situation. First, no statements given to police. If they believe a crime was committed, let them try to put the pieces together, don’t help them.
Second, we reached out to the district attorney reviewing the file, letting them know we were involved, and providing them some background on what actually occurred in an effort to try and avoid charges. We had conversations with the prosecutor and eventually convinced them that there was a very viable parental discipline defense to the charges. No charges were ever brought on our client.
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.
Child Abuse Case Declined
In this case, the client contacted Chirafisi & Verhoff after receiving a referral to our office from a different criminal defense lawyer in the Madison area. Detectives wanted to speak with the client about a potential child abuse case after authorities became aware of bruising on a toddler. Rather than speaking with law enforcement and representatives from human services, the client took our advice and invoked his constitutional right to remain silent. Having obtained statements from other family members, who reported that if anything happened to the child it was accidental, law enforcement still referred the case to the District Attorney's office for prosecution. Our lawyers then met with the prosecutor tasked with reviewing the case. Our lawyers pointed out what we believed were problems with the case for the prosecution. After listening to our lawyers, the District Attorney agreed and declined to file criminal charges in the matter.
Felony Child Abuse, Domestic Disorderly Conduct Declined
In what can only be described as an incredible outcome for our client, Dane County prosecutors recently agreed not to charge him with felony child abuse and domestic disorderly conduct. Police arrested our client, who is 17 years old and considered an adult for purposes of criminal prosecution. Law enforcement took him to jail after he got into an argument with his father and allegedly punched his younger brother. A good student and a high school athlete, our client's future was on the line. Based on a recommendation from someone close to the Dane County legal community, the client's family turned to our firm for assistance. Attorney Verhoff immediately contacted the prosecution and arranged for a bail hearing, getting the client out of jail that same day. Attorney Verhoff then met with prosecutors to discuss the case. Ultimately, he brokered a deal by which the client agreed to engage in some community service and upon completion, the prosecution agreed to formally decline prosecution of the case. Having held up his end of the bargain, our client can now honestly answer, if ever asked, that he was never charged or convicted of a criminal offense in his life.
Felony Child Abuse Charge Dropped
Prosecutors in Dane County charged our client with child abuse after the client got into physical altercation with his teenage son. A neighbor witnessed the event and called police. When law enforcement arrived on scene, our client admitted to punching his child, but said he did so only after the teen charged at him. Our attorneys recognized the client had a self-defense claim and discussed the potential defense with the client and the prosecution. Before trial, Attorney Verhoff engaged in settlement discussions with the assistant district attorney and reached an agreement to resolve the case short of a trial. The client had two options: he could go to trial on the felony charge and raise self-defense, but risk a conviction. Or he could avoid a trial and agree to be convicted of the lowest-level crime in Wisconsin, a disorderly conduct charge. Under terms of the agreement, the client would not be required to go on probation, serve any jail time, or pay any fines. He would only be required to pay statutory court costs. Our client decided to settle his case and avoid the risk of a felony conviction at trial, which would have had a significant impact on his career. Although the client was convicted of disorderly conduct, this case is an an example a situation that we, and our client, consider to be a victory.