OWI/PAC 2nd .15 (Dane County) Evidence Suppressed, All Charges Dismissed

This case involves a client who crashed his vehicle off the interstate into the cement barriers which are sometimes located near the median areas. When the police found him he had no shoes on, was covered in mud and stated he had been drinking shots, beer and mixed drinks.

The mistake the officer made was moving the client to a different location to perform field sobriety tests. Officers are allowed to do that, except, there is a limitation on the distance they can move someone who is not under arrest. We had a motion hearing on the distance the officer moved the client and the court found that the distance was too great. The court then suppressed the test result in the case which was a .15. The state could have tried to move forward with the accident and observations of the client. Thankfully, the state moved to dismiss all the charges. Great result on a motion that isn't filed that often.

Possession With Intent to Deliver Heroin >50grams-Case Dismissed (Dane County)

Dane County has a reputation of being "soft" on drugs and for certain drugs like marijuana, that reputation is well earned. Dane County is no different than any other county in the state when it comes to heroin however. If you are caught selling or trying to sell heroin, normally there are no breaks and when there is a gun involved, forget it.

Our client was caught with 125 grams of heroin and a .45 caliber handgun in a bag he was carrying. So far, doesn't sound very promising.

However, after speaking with the client, we learned that neither the drugs nor the gun actually belonged to him. He had agreed to store it for a relative of his. Still not looking so good.

We were able to convince the prosecutor that the family member was the person they should be looking at to prosecute and the state agreed with our position. Once the family member entered a plea to a charge involving drugs, the state dismissed all charges against our client.

Theft of Secured Property - $450,000.00 - Charges dismissed at Preliminary Hearing (Columbia County)

Clients are hard working farmers in Columbia County who were, in our opinion, taken advantage of by a local bank. The bank believed they had secured assets from the client in excess of $450,000.00. When the client sold the secured assets, the bank went to the police. Client then charged with felony level theft. We got involved after a call from the clients civil lawyers requesting our assistance. We got involved and the case ended before it started.

At the preliminary hearing the investigator testified regarding his knowledge of the facts. Attorney Corey Chirafisi then cross examined the investigator. After about 20 minutes later, the investigator admitted he did not know specific facts which would be required to prove an intent to defraud. The court stated that there was no probable cause based on the testimony of the investigator. Case over after the 2nd appearance.

OWI 3rd/PAC-Minor Passenger-Case Dismissed (Juneau County)

This client was charged in Juneau County with felony OWI (3rd offense with minor passenger is felony level OWI). The case appeared to have good facts to work with from the start. The police didn't see the client driving which helps substantially with the OWI portion of the case. Corey Chirafisi filed motions challenging both the basis to conduct field sobriety tests as well as a motion challenging whether the test result was admissible because the state did not have a time of operation.

After numerous delays, on the morning of the motion hearing, the state indicated that they opposed the motion, however, were not going to present evidence in the matter. Attorney Chirafisi moved for the court to grant the motion and suppress all evidence, the court agreed and suppressed all the evidence. At that point, the state dismissed all charges.

OWI 1st/PAC 1st (.156), Possession of THC - Charges Dismissed After Court Suppresses All Evidence

We have said over and over in other posts that we believe our results are out of the ordinary. This case was the second OWI charge which had all the evidence suppressed in the past two days.

This case involved the client operating his vehicle at approximately 3:00 a.m. He was stopped for having expired registration. He had refused to roll his window down more than a couple of inches and was not cooperative with the officer when trying to explain his actions that evening. Client's vehicle was seen outside a bar by the officer earlier in the evening. The officer noticed an odor of intoxicants and the client admitted to drinking. He was ultimately arrested and charged with OWI and possession of THC, his blood test was .156.

We filed motion to suppress the evidence based upon a lack of reasonable suspicion to perform field sobriety tests. The cop testified, continually adding information during his testimony to attempt to justify the request for field tests. However, at one point during the hearing, the officer acknowledged that he had "no reason to suspect impairment prior to having the client step from the vehicle." The judge suppressed all the evidence obtained as a result of the unlawful detention. The field tests, blood test and drugs were all suppressed. Case dismissed. That is how we do it.

OWI/OWRCS- Dismissed-Grant County

Continuing with the previous post. What we didn't mention was that the client was also arrested and charged with Operating a Motor Vehicle While Intoxicated and With a Detectable Amount of THC in his blood.

During the motion hearing on the illegal seizure, the officer stated that he observed the client have "restricted pupils" and he was stopped in front of a known drug user’s residence. The Court found that the officer not only did not have a basis to continue with the detention of the client, the officer did not have a basis to believe the client was under the influence of drugs or that he had recently used drugs.

We have had a recent string of cases in which the state does not even bother to argue the motion, this was one of those times. The state conceded the motion and simply moved to dismiss the charges.

It was a good day.

OWI 1st/PAC .12 - Case dismissed

Huge win for client as he is an over the road truck driver who would have lost his job if he was convicted of an OWI charge.

Client was stopped for a loud muffler at 11:30 p.m. State trooper indicated he smelled an odor of intoxicants and the client admitted to having "a few" beers. Cop got client out to perform field sobriety tests.

Corey Chirafisi challenged the officer's decision to request field sobriety testing arguing that there was not reasonable suspicion to believe the client was impaired. After the hearing, the court made the finding that the officer did not have reasonable suspicion to request field sobriety tests and the court suppressed all the evidence. The state immediately moved to dismiss all charges.

Client was literally shaking. So happy we could help him save his job.

Boating OWI/PAC Dismissed, Oneida County

Our client spent the day boating with his wife in Oneida County. He contacted law enforcement for assistance after their pontoon got stuck in the weeds ,and his wife decided to swim to shore. When deputies contacted him, the client admitted to consuming alcohol throughout the day. Authorities determined he was impaired and placed him under arrest for boating while impaired. He submitted to a breath test, which resulted in a reported alcohol concentration of 0.11.

On the eve of trial, our attorney was able to convince the district attorney that he had significant problems with the case. First, the boat was not in operation when authorities arrived on scene. As such, the government would have difficulty establishing if the client was impaired when the operation occurred. Second ,the government would have difficulty disproving that our client consumed alcohol after the boat became stuck in the weeds and before authorities arrived. Last, our client's situation was sympathetic inasmuch as he called law enforcement for assistance and ended up being arrested. Given the circumstances, the prosecution agreed he would have trouble at trial. He agreed to dismiss the PAC charge and amend the OWI to a non-alcohol related violation for a distress signal flag violation.

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.

OWRCS #2 - Delta 9-THC present - Dane County- Case dismissed

At first blush, the case looked difficult. Client had THC in his system making the charge a strict liability offense. If the government could prove the operation of the vehicle, they can get a conviction.

The police report indicated that the office pulled into a gas station and the client's vehicle was running, in a parking stall and the client was passed out. The officer indicated she had to pound on the window to wake the client.

The video showed a much different story. The officer never went up to the window. The client opened the car door for the officer. We had the officer in a clear misstatement. Attorney Chirafisi filed a motion to suppress the stop of the vehicle.

The state didn't even want a hearing on the case. They conceded the motion without a hearing. Can't really do much better than that.

Dane County OWI 4th, PAC .25 - Case dismissed at preliminary hearing

We are strong believers in doing preliminary hearings, unless the state gives the client a reason to waive the hearing. In this case, Dane County has a "policy" of not making offers at prelims, that policy ran into our "policy" of not being a doormat for the government.

The state attempted to introduce the test result, something which would have clearly gotten bindover, however, Attorney Chirafisi objected as there was no information the test was taken within 3 hours of driving. Court would not allow the test result to be admitted.

The State attempted to establish driving but didn't know the law on what constituted "operation" under the drunk driving laws. Attorney Chirafisi successfully argued to the court that operation was never established and the court dismissed the felony OWI.

The other part of this case which will be important moving forward is, the client has 2 other pending OWI charges. This case would have subjected him to a presumptive prison sentence. Not anymore. Client was beyond happy with the result.

Disorderly Conduct Dismissed, Dane County

Sometimes the most simple solution is the best outcome for everyone. Our client got into a physical altercation with her adult sister with whom she lived. The client was booked into the jail on a charge of domestic battery, but the prosecution issued a lesser disorderly conduct charge. Prior to trial, our attorney worked out an agreement that made sense for everyone, particularly our client who had no prior record. The prosecution agreed that if our client found a new place to live, the charges against her would be dismissed. Fortunately, our client located a new apartment. We provided a copy of the new lease to the prosecutor, who dismissed the case against her.

Evidence tossed, OWI/PAC-2nd Dismissed

Another outstanding result in this Dane County case. Our client and her spouse were parked in their van with the engine running, looking at the stars in a county park. Unfortunately, it was about 45 minutes after park closing hours.

A sheriff's deputy made contact with our client and her husband and started asking questions. Ultimately the encounter resulted in our client being arrested. She was charged criminally with a second-offense OWI and PAC at a 0.11 concentration.

Prior to trial, Attorney Tim Verhoff filed two motions to suppress evidence. In the first motion, our lawyer alleged a Miranda violation and sought suppression of the client's statements. In the second motion, he argued that without the statements, taken in violation of Miranda, there was insufficient evidence for the deputy to have suspected impaired driving, making his request for the client to perform field sobriety tests and the breath test unlawful.

The prosecutor reviewed Attorney Verhoff's motions, consulted with other prosecutors in the DA's Office and even conferred with a lawyer from the Wisconsin Department of Justice who specializes in OWI prosecutions. They all reached the same conclusion. Our attorney was correct in his argument, and the government had to concede both motions. The judge also agreed and suppressed the evidence, leaving the prosecution unable to move forward on the criminal charges and with no options other than asking the judge to dismiss the case.

OWI 1st/PAC .21 (Dane County) All Evidence Suppressed, Charges Dismissed

The great results keep on coming. This case was an OWI with a high test result (over .20). The case had an interesting fact pattern. The client was stopped in downtown Madison at approximately 11:00 p.m. by an officer because the officer believed that she smelled the odor of marijuana coming from the client's vehicle. The officer stated she followed the vehicle for blocks and the odor did not dissipate while she was following the client. Ultimately, she pulled the client over and he was arrested for Operating While Intoxicated.

Attorney Chirafisi filed a motion challenging the stop of the vehicle. The court indicated that the initial impressions was the officer did have a reason to stop the client's car. After the cross examination of the officer, the court indicated the officer's report did not match the video of the incident and the court suppressed all the evidence related to the case. The DA then moved to dismiss the case.

Can't do better than that. Great outcome for a really good client.

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.

Resisting Case Dismissed, Dane County

Prosecutors charged our client with resisting an officer based on an incident at a BLM protest in Madison last year. Authorities were taking another protester into custody when our client allegedly attempted to intervene and remove a spit hood (which police had placed on him) from his fellow protester. As authorities attempted to stop our client from removing the spit hood and take him into custody, he fled from the scene. Police used video evidence to identify the client and arrested him on a later date. The client and his family were rightfully concerned about how the arrest and criminal prosecution would impact his future, including his college plans. Attorney Tim Verhoff negotiated a settlement with the prosecution. Our client performed community service, and the District Attorney's Office agreed to dismiss the case against him outright.

Felony Drug Case, Juneau County

When a Wisconsin State Trooper conducted a recent traffic stop on the interstate, it turned into much more than a routine OWI investigation for one of our out-of-state clients. After detaining the client for weaving, the trooper ran the client through field sobriety tests and arrested him. The trooper asked the client if he had any weapons on him, and the client informed him there were two loaded handguns in the car. He also admitted to having marijuana and money. During a vehicle search, authorities located the guns, a mason jar filled with marijuana, and approximately $70,000.00 cash, banded in $100.00 bills. Prosecutors charged the client with a felony for possessing THC with the intent to deliver. They also charged him for possessing a firearm while impaired and for the OWI. The client hired our lawyer, Attorney Tim Verhoff, after a different lawyer in the Madison area recommended him. Ultimately, Attorney Verhoff was able to explain to the prosecutor why the client was carrying so much cash and weapons. Although the client agreed to plead guilty to the OWI charge, our lawyer negotiated an outstanding resolution in the criminal matter. The prosecutor agreed to dismiss the weapons charge outright. After hearing our explanation on the money, the prosecutor also agreed to amend the felony drug charge to a non-criminal violation of the Juneau County Code of Ordinances for possessing paraphernalia. But wait, there is still more! The prosecutor also agreed to return the weapons to our client, as well as all of the cash that was seized.

Domestic Assault Case, Dane County

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.

OWI/PAC 1st- Appeal from Municipal Court- PAC charge thrown out by Court

The moral of this story is don't get pushed around. We had a case in municipal court, the defendant was charged with OWI, PAC and another traffic citation. A trial was held on those citations at which time the judge found the client guilty of the OWI and traffic citation and dismissed the PAC charge.

As we were preparing to appeal the case to the circuit court, the municipal court judge was informed of our decision and on his own motion decided to try and reinstate the PAC charge.

We did not believe the court had the authority to just reinstate the charges, so we moved the circuit court to dismiss the PAC charge on the grounds that the court never expressly found the client guilty of the charge.

Of course, the prosecution objected and after written and oral arguments to the court, the circuit court judge agreed with our position and dismissed the PAC charge.

Do the work. Follow through. Those are things we strongly believe in at this firm. That is the reason we get the results we do.

Forgery/Uttering Dane County-Case Dismissed at Preliminary Hearing

In our opinion, lawyers today waive preliminary hearings far too often. We believe those hearings can be an essential piece to setting up a client's defense, and in some cases, getting the case dismissed.

Client was charged with forging his ex-wife's signature on family court documents which were then presented to the family court commissioner. To make the matter more interesting, the client's own lawyer told police investigators that the document containing the alleged forgery was provided to her by the client.

Attorney Corey Chirafisi believed two things; first, the way the state had charged the case would prevent the state from being able to establish each element of the charge and second, the statement made by the lawyer had to be excluded.

At the preliminary hearing Attorney Chirafisi objected to any statements made by the client's family lawyer on the grounds of attorney-client privilege. The court ultimately granted that objection and precluded the state from introducing any of those statements.

Then Attorney Chirafisi pointed out how the state could not meet one of the elements of the charge. The court ordered the matter to be briefed by the parties. After briefing was complete, the court agreed that the facts did not support the felony charge of forgery and the case was dismissed.

Having preliminary hearings doesn't happen with many law firms, we think that in some situations, they are invaluable. This case showed just how valuable they can be.