OWI 2nd/PAC .14 - Court suppresses test result

We have always said that we believe our results in cases are uncommon. Well, last week should help us back up that statement.

We believe that if a lawyer really works an OWI case, good things can happen. Client was pulled over for pulling out in front of a police officer. Officer said he smelled the odor of alcohol, client admitted to drinking and off the case went.

After the client was arrested, the officer informed the client that he was being charged with an OWI 1st offense, which turned out not to be correct. The client had a prior conviction that was within the 10 year look back period, therefore, it was not a first, rather a 2nd offense.

Corey Chirafisi filed a motion challenging the consent provided by the client to the blood sample based on the mis-information provided by the officer. After the motion hearing and briefing to the court, the court found that in fact the consent was coerced and the court suppressed the results.

The case has not concluded yet, however, we are off to a good start.

DV Case Dismissed, Dane County

This case is yet another example of why hiring a lawyer before you get charged is so valuable.  Our client for was arrested after an argument with his girlfriend in which she claimed he yelled at her in a threatening manner, shoved her, took her phone and threw it across the room.  After he was arrested for domestic disorderly conduct and intimidation of a victim, but before a criminal charge was filed, the client hired our office.  Although the client admitted to yelling, he denied pushing his girlfriend.  Attorney Verhoff contacted the prosecutor assigned to review the case.  Our lawyer provided the prosecutor with significant information about the client's background, as well as our client's version of events.  This was information not contained in the police reports.  Based on this conversation, the District Attorney's Office agreed not to file a criminal charge.  Instead, a non-criminal ordinance violation was filed against our client.  We also contested that citation.  And  the District Attorney's Office ultimately dismissed the case before trial.  Another great outcome for a Chirafisi & Verhoff client.  

School Disciplinary Case-Criminal Misdemeanor

Client is a freshman at school in UW system.  During the week before school began, client drank too much and damaged the sprinkler system in the dorms.  The damage caused many of the sprinklers in the dorm rooms of students to go off, damaging property.

Client had a meeting with the Dean of Students and did not bring a lawyer.  When he got there, the Dean had an agreement in hand for a 2 year suspension and full restitution.  Client, not knowing better, without parental or legal assistance signed the agreement for the 2 year suspension.

When the client showed up at home telling his parents what had happened, they called our firm to see if there was anything we could do.  There was.  Because we do quite a few of these hearings, after reviewing the statute, it was clear that the Dean made errors in the way the matter was handled.  We had to make an attempt to re-litigate a matter that had been closed.  After reaching out to the General Counsel's office and pointing out the problems with the manner in which the case was handled, it was agreed it could be reopened.

The matter was eventually resolved with the client only suffering a suspension for the remaining 3 weeks of the semester.  He was allowed to re-enroll in the university the next semester if he so desired.  So, instead of setting the clients education back for 2 years, he started back in school for the spring semester.

Also, the damage to the sprinkler system ended with no conviction .

Remember, getting someone to assist in these school disciplinary hearings is very important.  Possibly years of lost educational opportunities are at stake.  Find a lawyer to help you when you can.

Client Avoids Felony Charge, Conviction in Stabbing

Dane County law enforcement arrested a Chirafisi & Verhoff client on felony charges of reckless endangerment of safety during a disturbance in which the client, who was alleged to be high on drugs at the time, stabbed his roommate.  The client was taken into custody, but Attorney Verhoff was able to discuss the matter with prosecutors before formal charges were filed.  After our lawyer met with the District Attorney's Office and provided officials with additional information about the client and the situation, prosecutors agreed to file misdemeanor charges of disorderly conduct while armed and criminal damage to property. Prosecutors then agreed have the client participate in a deferred prosecution agreement, which will result in a dismissal of all charges upon the client's completion of the program.  

Dane County Client Avoids Criminal Charges

A Dane County client recently avoided criminal charges after hiring Chirafisi & Verhoff.  The client, an Illinois resident with no record, was arrested in June 2014.  While driving in the Madison area, the Wisconsin State Patrol attempted to stop our client for speeding.  He did not immediately pull over. After the trooper finally stopped the vehicle, he arrested the client on criminal charges for eluding an officer.  He also cited the client for speeding.  The charges were referred to the District Attorney’s Office.  Before charges were formally filed, however, our lawyers spoke with the prosecution and explained our client’s version of the events and provided some background information about the client.  The prosecution agreed not to file criminal charges against the client.  Instead the prosecution agreed only to issue traffic tickets to the client.