A constellation of bad facts presented an uphill battle when the client called us about this case. For starters, it was not the first time the client found himself in trouble with the law. Attorney Tim Verhoff represented him in two, separate criminal cases a few years ago. In each of those matters, our attorney was able to obtain outstanding results. One case was dismissed outright prior to trial. The second case was amended from a criminal charge to a non-criminal citation on the eve of trial. The second challenge in this matter was that the client, who was alleged to have been drinking heavily when he grabbed a baseball bat, threatened his wife and slapped her legs, admitted his conduct when police arrived on scene. Prosecutors charged him with domestic battery and disorderly conduct while armed. The DA could prove this case if it went to trial. Was there any way to avoid a criminal conviction yet again? Yes, there was. Due to the client's prior history, the prosecutor initially wanted him to be convicted and supervised on probation. But through negotiations, Attorney Verhoff was able to convince the prosecutor why a deferred prosecution agreement made more sense for everyone involved. Ultimately, the DA agreed. Both charges now are scheduled to be dismissed as soon as he completes the deferred agreement.
DA Amends, Then Dismisses Multiple Counts of Identity Theft
Our client, a young college student, found a credit card in his residence hall. Unfortunately, rather than simply returning the card to its owner, he used it on multiple dates to purchase food. The resulting criminal investigation led to authorities charging him with five felony counts of identity theft. He also faced disciplinary consequences from the university. Attorney Tim Verhoff met with the client several times to get a better idea of why he engaged in the conduct. When they met with authorities from the university, our attorney was able to present this information, and the client was able to continue his enrollment. In the court system, our attorney used the same approach. Although the prosecutor was reluctant at first, Attorney Verhoff was able to convince the DA to amend three of the felony charges to misdemeanor offenses and dismiss two of the felonies outright. On the remaining three misdemeanors, as amended, our lawyer reached an agreement with the District Attorney's Office to resolve the case by having the client participate in a deferred prosecution program with a dismissal of all the charges upon completion. Needless to say, the client and his family were thrilled with the outcome.
No Charges In Theft Case
In this case, Dane County law enforcement sought multiple criminal charges against our client after he was alleged to have gone through mailboxes in his neighborhood, removing mail, stealing money, and cashing a check. In speaking with the client and his parents, it was clear the client suffered from significant mental health issues that contributed to the conduct. Attorney Tim Verhoff was able to contact the prosecutor who was reviewing the case for charges. She informed him that she planned to file nearly a dozen criminal counts against him. However, Attorney Verhoff provided the prosecutor with documentation regarding the client's mental health issues. In a calculated move, he also agreed to have the client make a statement about the incident. The move paid off, as the prosecutor agreed not to file formal charges against the client. Instead, she agreed to have him participate in a deferred prosecution program. Assuming the client successfully completes the program, he will never be formally charged in the criminal justice system. This was a wholly appropriate outcome under the circumstances.
Felony Domestic Charge Dismissed
During a fight with his girlfriend, our client was alleged to have broken her phone while she attempted to contact police. He was charged with felony intimidation of a victim, as well as misdemeanor counts of disorderly conduct, battery and criminal damage to property. Attorney Verhoff negotiated settlement of the case with the prosecutor. He convinced the District Attorney's Office to dismiss the felony charge outright. On the remaining charges, he was able to get the prosecutor to agree to a deferred prosecution agreement, meaning the remaining charges will be dismissed after a period of time, provided the client stays out of trouble. Our client, who lives in a different state, had no prior criminal history was thrilled with the outcome.
Felon Child Abuse Amended to Misdemeanor DC, Dismissed
Our client was arrested and charged with two counts intentional child abuse after he was alleged to have grabbed his daughter, picking her up by the neck and kneeing her in the stomach. The client, as well as his wife who witnessed the incident, was adamant that the daughter exaggerated the situation. Attorney Verhoff advised the client to enroll in a parenting class while the case was pending. Over the course of many months, he worked on the prosecutor, pointing out inconsistencies with the child's report. He also presented the prosecutor with the positive reports from the classes. While the client admitted he handled the incident poorly, he pointed out it happened during the course of discipline. For a long time, the prosecution insisted that the client either plead to the felony charges or go to trial. In most cases, lawyers don't let their clients speak directly to the prosecutor. But in this case Attorney Verhoff suspected he could convince the prosecutor to change his mind if he spoke directly to the client. Our attorney had the client and his wife sit in on a meeting with the him and prosecutor. They answered several of the prosecutors questions and presented information directly to him. As suspected, the meeting was fruitful and the prosecutor ultimately agreed to our attorney's proposed resolution. The District Attorney amended the felony child abuse charges to counts of misdemeanor disorderly conduct. The client was offered the chance to participate in a deferred prosecution program, after which the remaining misdemeanors will be dismissed.
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.
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.
Felony Possession with Intent Charge Gets Dismissal
A routine traffic stop for speeding turned into a felony drug case for one of our Dane County clients. After the officer stopped our client, he observed a small amount of marijuana in an ashtray. The officer searched the vehicle and located approximately 1.5 lbs of marijuana in the car, as well as a significant amount of cash. The client was charged with possession of a controlled substance with the intent to deliver. Attorney Verhoff reviewed the case and recognized it would be particularly challenging because the police had executed the search by-the-book. As such, there was not a legal mechanism to challenge the evidence. Instead, Attorney Verhoff went into mitigation mode in an attempt to work out the best deal possible for the client. At first, the prosecutor and his immediate supervisor insisted that the client be convicted of the charge due to the significant weight of the seized drugs. Undeterred, Attorney Verhoff spent several months negotiating with the prosecution in an attempt to show why this particular client deserved a second chance. Ultimately, Attorney Verhoff was able to get the District Attorney's Office to agree to recommend a deferred prosecution, which means no formal conviction for our client and a dismissal of the charges. This was particularly important because a conviction would have presented problems for the client in obtaining federal student loans.
Arrested for Dozens of Felony Drug Charges, but No Conviction
This case is yet another example of why a person should hire a lawyer well before charges are filed. Our client, a high school student about to start college, was arrested by local law enforcement after authorities found a variety of controlled substances in his backpack. He was taken to jail and booked in on 15 felony counts of possession with intent to deliver a controlled substance. His family turned to Chirafisi & Verhoff for assistance. Attorney Tim Verhoff immediately contacted the Dane County District Attorney's Office and arranged for a bail hearing. The client was released from jail that same day on a signature bond and avoided spending a long, holiday weekend in custody. The next court date was scheduled approximately two weeks later. During that time, Attorney Verhoff coordinated a meeting with the prosecutor assigned to make the charging decision in the case. The prosecutor initially planned to file multiple felony charges against the client. But after discussing the situation, the prosecutor agreed to file misdemeanor charges. He also agreed to resolve the case with a deferred prosecution, meaning all charges will be dismissed once the client completes the program.
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.
No Child Abuse Charges, Dane County
This case is another example of why the lawyers at Chirafisi & Verhoff recommend hiring legal counsel before criminal charges are filed. In this case, a detective from a local law enforcement agency contacted the client, seeking to interview her about a child abuse claim. It was alleged the client struck her boyfriend's son multiple times while engaging in discipline of him. The child made a disclosure of abuse to officials who also observed bruising on his body. In addition to the criminal investigation, a social worker wanted to interview our client as part of a Human Services investigation. Before making any statements, the client wisely called Attorney Verhoff for advice upon recommendation from a different lawyer in the Madison area. Attorney Verhoff spoke with both the detective and the social worker. He informed them the client would not be making any statements. He then met with prosecutors several times over a period of months to discuss the case. He also provided the client with recommendations for actions that would put her in a position where he would be able to make an argument to the prosecution as to why the case should not be charged. Ultimately Attorney Verhoff brokered a deal with the prosecution in which the District Attorney's Office agreed not to formally file criminal charges against the client if she agreed to participate in an uncharged, deferred prosecution program and engage in parenting classes.