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.
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.
Homicide OWI Charge Declined
Law enforcement referred to prosecutors potential criminal charges of homicide by intoxicated use of a motor vehicle after our client crashed his car while drinking and driving. In a tragic twist, a passerby who stopped to assist the client after the crash was killed. Attorney Verhoff spoke with prosecutors prior to charges being issued and argued that while our client was impaired while driving and should be held accountable for those actions, he did not directly cause the death of the other person. If charged criminally, this would leave open a statutory defense to the charge. Prosecutors ultimately agreed. Although the client was charged and convicted of OWI-1st Offense, the prosecution declined to file the homicide charge.
Felony Sexting Case Dismissed
The Wisconsin Attorney General's Office recently declined felony charges against our client in a local sexting scandal among area teens. Authorities began investigating the case of wide-spread sexting at an area high school. Several students were formally charged with crimes in circuit court for their actions. In this case, Attorney Verhoff met with the assistant attorney general assigned to handle all of the prosecutions prior to our client being charged. Unlike most of the other individuals in this case, who formally faced charges in court, Attorney Verhoff brokered an agreement with the AG's Office in which no charges were formally filed against our client. Instead, the client was required to complete a deferred prosecution agreement. Having done so, the prosecution has agreed to now formally decline the case. Although this case took several years of patience to be completed, the client and his family are thrilled with the final result.
5 More Great Outcomes for Clients
OWI 1st/PAC- Waukesha County- Amended to Reckless Driving
The first case involved a client that was called in for sleeping in his vehicle on the side of the road after a day at a golf outing. The client pulled his vehicle off the side of the road and a passerby called the police to check on him. Once the police showed up, the case was off and running.
The difficulty initially was the location of the case. Waukesha County has been notoriously hard on OWI cases. This one started no differently. The case started in municipal court. While the client was not initially successful at the municipal level, the information obtained through cross examination of the officers ultimately lead to resolution of the case in circuit court.
Attorney Corey Chirafisi was able to raise serious questions as to what time the client was driving his vehicle. That driving time put the test result, which was .089, in real jeopardy. Also, based on the officers testimony regarding the 20 minute observation period, it became clear that no observation period of the client was ever done.
On the eve of trial, the prosecutor offered to resolve the case for a reckless driving ticket. The client was more than happy to accept that amendment. It was especially satisfying as the client was unsure whether or not he wanted to appeal the case to circuit court. Having never been arrested before, he had real questions about how that outcome may have been different from municipal court. We are very glad he was willing to trust us to help him get through this.
OWI- Amended to Inattentive driving- Dane County
The second case shows why hiring a lawyer can change a case very quickly. The client was charged in Dane County with OWI as she was stopped for speeding. The officer believed that she was intoxicated based on the time (almost 2 a.m.), the odor of intoxicants and the bloodshot, watery eyes the officer said he observed. The client was thinking about just pleading guilty to the OWI for a minimum sentence seeing that her test result was right at the legal limit.
After speaking to Corey Chirafisi, the client made a decision to fight the case; that turned out to be a great decision. Attorney Chirafisi had dealt with the prosecutor on multiple occasions in the past. After a conversation about some of the weaknesses in the government’s case, the prosecutor offered a reckless driving. That was rejected by the client. We believed we could do better, we were right. Finally, the prosecutor offered a 4 point reckless driving ticket and even dismissed the speeding charge.
Making a call to our office turned out to be a wise decision for the client.
Felony OWI 4th –amended to misdemeanor
Collaterally attacking prior convictions has become more difficult as time has passed. While it allows prior cases in which the client did not have a lawyer to be voided for counting purposes, courts and prosecutors have become better at dealing with these potential issues.
The client was arrested for a felony 4th OWI charge. Obviously, avoiding a felony conviction and all that comes with that was a very big goal of the clients. So, Attorney Corey Chirafisi reviewed the client’s prior OWI convictions and found that he did not have a lawyer on his 2nd offense. Sounds great, but the problem was that he did have a lawyer on an earlier criminal case which made things far more interesting.
Attorney Chirafisi and the client put all the necessary paperwork together and filed the motion challenging the prior conviction. The government, as per usual, was not going to concede this issue. A hearing was held. The client testified, was cross examined and did a great job. The court found that the government did not meet their burden and voided the prior 2nd offense conviction, turning this felony 4th into a misdemeanor.
The ramifications are enormous. Gun rights, felony probation, possible prison time. The client was extremely grateful for the work our firm did on his case.
Possible False Imprisonment Dane County-Declined Prosecution
We have said this multiple times in this blog, getting a lawyer as early as possible can make a huge difference in how a case turns out. We spend a fair amount of time dealing with clients who likely will be charged, but hire us before formal charges have been filed. Some of the time, we can avoid any charges being filed. That is hands down the best result.
This case was incredibly challenging as it dealt with a possible felony false imprisonment with a stranger. Stranger cases are far more difficult to maneuver as prosecutors worry about danger to the public and protection of the community when deciding how to charge these cases. The client is a highly successful student with a very bright future. He did what many college students do: went out, drank too much and found himself in the company of a female who he had met that evening.
The women ultimately called the police and reported that the client had held her down against her will. The police spoke to the client before he had counsel and in fact arrested and booked him. The clients family was referred Chirafisi and Verhoff and we started by informing the police that the client was no longer interested in cooperating with any investigation. We then reached out to the DA’s office in an attempt to get “ahead” of the reports reaching their office.
After a conversation with law enforcement, there was an agreement for up front counseling with no referral to the DA’s office at all. Case done, client’s future secure.
1st Degree Sexual Assault of Child- Charges Declined
This blog above mentions the benefits of getting a lawyer before a case is filed. This is another perfect example of how that works to a client’s benefit.
The client was referred to Chirafisi & Verhoff on a Saturday from a former client on a possible sexual assault investigation. Making a call to our office on a Saturday was the first positive step. The police work weekends, and so do we. We got in touch with the client and made sure that no statements were provided to the police. That was helpful, since later that day the detective attempted to make contact with the client to get a statement.
Because the allegation involved a biological child, the county then got involved with social workers who also were doing an investigation and wanted to speak to the client. We had to step in and prevent and type of statement whatsoever from being made by the client. Don’t help the police, any statement will only do that.
We then spoke to some of the possible witnesses to the matter and let the DA’s office know that we had begun our investigation. Ultimately, with no client statement to either law enforcement or social services, the DA was left to make a charging decision based on what information they had. They made a decision to decline the prosecution of a charge that is the most serious in this state, short of 1st degree intentional homicide. Another great result for a really good guy.
Three Separate Cases, Two Felonies, Declined
Three recent cases all share a common theme. The clients did not wait to be charged, but hired our office to assist before charges were issued. And that decision lead to no criminal charges being filed.
In the first case, a misdemeanor domestic situation, the client was arrested for disorderly conduct. He hired Attorney Verhoff on the advice of a different, local lawyer. The client was particularly concerned about the criminal allegations due to an ongoing child-custody dispute. Attorney Verhoff immediately contacted the prosecutor to share information about his client's version of events. He also informed the prosecutor that he had in his possession an audio recording that revealed the "victim" kicked and hit the client during the altercation. Once the prosecutor learned of this information, he decided to decline charges. After notifying him the case would not be charged, the client responded, "Thank you so much Tim. I couldn't be more pleased with the outcome. I hope to never require your services again however if I do, I know exactly where I'll be going."
In case two, the client was arrested for on a felony charge of false imprisonment and disorderly conduct. The client's boyfriend, who was the "victim" in the case, contacted our office for assistance. Authorities arrested the client after she and her boyfriend had a dispute during which she prevented him from leaving the residence. Once again, Attorney Verhoff spoke with the prosecutor tasked with making a charging decision. He provided background about the relationship and the client, who has no record and is about to embark on a career in the medical field. After listening to Attorney Verhoff, the prosecutor declined charges and the client was released from jail.
The third case also involved felony charges. This time, the client was arrested on a charge of possessing burglary tools. The client, a 17-year-old with a bright future, was stopped by police who searched his vehicle. Authorities discovered several items they believed he was going to used to commit a burglary. The client's parents contacted Attorney Verhoff before charges were issued. Interestingly, they were aware of the items in the vehicle and could provide legitimate reasons why the client was possessing them. Attorney Verhoff again contact the District Attorney's Office before charges were issued. He provided background to the prosecutor about the client, who by all accounts was no burglar. Attorney Verhoff also indicated that if the case was charged, the client's parents would testify about their knowledge of the items in the car and why they were there, which would undercut the prosecution's theory that he was planning to commit a burglary. Once again, all charges were declined.
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.
Domestic Battery and Disorderly Conduct Declined
A recent case is yet another example of why you should not wait until you are charged with a criminal offense to call our office. In this case, police in Dane County arrested our client for domestic battery and disorderly conduct after a physical argument with his adult daughter. The client contacted our office several days before his first court hearing. He provided Attorney Verhoff with significant details about what transpired, the history of problems with his daughter, and other details about himself and his family. Attorney Verhoff then met with the assistant district attorney who was tasked with making a charging decision. Fortunately, he was able to meet with her before a decision had been made. He provided the prosecutor with background detail and indicated, based on his knowledge of the case, a self-defense claim could be mounted on behalf of our client. After meeting with our lawyer, the prosecutor reviewed the case. She decided not to file any charges in the matter and contacted our lawyer to let him know. She even thanked him for providing her with important background information, not contained in the reports, that played part of her decision to decline the charges.
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.