In this case, the client was with his wife at a bar in downtown Madison. An employee at the bar flagged down a member of the Capitol Police Department and reported a disturbance between them. The client was arrested and charged with domestic disorderly conduct. After our attorney reviewed the police reports and discussed the inconsistent witness statements with the District Attorney, the prosecution agreed to amend the criminal charge to a non-criminal violation that is legally equivalent to a parking citation. For penalty, the judge did not even impose a fine, but simply imposed court costs.
Criminal Threat Charge Amended to Civil Ticket, Rock County
Prosecutors in Rock County charged our client with criminal disorderly conduct after he made comments about shooting someone while he was in his workplace. The client admitted his statements reflected poor judgment, but he claimed he never actually intended to engage in any violent acts and the comments were taken out of context. During lengthy negotiations with the prosecution, our attorney was able to explain our client's side of the story. Our lawyer argued that the client was remorseful about conduct, and he suffered a punitive sanction in the form of termination from his job. The prosecutor agreed without our argument and amended the case from a criminal charge to a non-criminal violation of the county ordinances (essentially the legal equivalent of a parking citation). The client, who is in his mid-60s and had never been in legal trouble in his life, was thrilled to avoid a criminal conviction.
Disorderly Conduct Dismissed
People sometimes ask if they really need a lawyer. We at Chirafisi & Verhoff think a lawyer can be instrumental in making a difference in your case. This matter is a good example of how a lawyer can cut through the red tape and guide a case to the appropriate conclusion. Law enforcement conducted a harassment investigation of a client who suffers from mental health issues. Although police recognized that mental health issues were at the root of the problem, they believed some form of intervention from the justice system was necessary. Originally, the officer issued the client a non-criminal citation for harassment. A supervising officer in the police department decided to void the ticket and referred the case to the District Attorney's Office for the possibility of charging a criminal offense that would have more "teeth." The case sat in the District Attorney's Office for several months before a relatively new prosecutor looked at it. Like the investigating police officer, the prosecutor did not necessarily think a charge should be formally filed. However, the prosecutor thought "something" should be done. A hearing was scheduled (nearly seven months after the original investigation concluded). The client attended without a lawyer. A representative from the DA's Office informed the client that there was a way to avoid criminal charges from ever being issued. The client was told to complete a deferred prosecution program sponsored by the DA's Office. If the client completed the program, the DA would not file charges. The client agreed and met with a social worker from the program several weeks later. Unfortunately, after meeting the client, the social worker recognized that the client had mental health issues that could not be sufficiently addressed through the program. The client was rejected from the program, triggering the automatic filing of a criminal disorderly conduct charge. A family member contacted our office just before the client was scheduled to have a "final conference" before trial. Attorney Tim Verhoff immediately spoke with one of the supervising lawyers in the District Attorney's Office. He explained the situation, discussed the client's mental health issues, and provided information about what the client had done to address the mental health issues since the initial investigation. He was able to explain why intervention through the justice system was clearly not necessary or warranted under the circumstances. The supervisor at the DA's Office listened and agreed. Nearly a year after the investigation started, and one month after hiring our firm, the case was dismissed. Having the right person in your corner advocating for you along the way can make all of the difference in the world.
First Degree Recklessly Endangering Safety - Dismissed 3 days before trial
This case involved a client of ours who was referred from a family member. The client had gotten into an altercation at his residence which led to him stabbing someone in the stomach with a knife.
The client was arrested and charged with First Degree Recklessly Endangering Safety. Once we got the discovery, we noticed huge holes in the case. At the time of the incident, approximately five (5) other people were present in the residence. We learned that police made zero effort to speak to anyone other than the complaining witness and the client. So, we had our investigator locate the witnesses to the stabbing who provided statements which helped the case. We also filed a jury instruction on the "castle doctrine" which was front and center in the case.
The best part about the case was the state offered a disorderly conduct charge, a huge reduction from the original charge. We went back to the DA and rejected that offer. To his credit, the DA knew the difficulties with the case and only 3 days before trial, he dismissed the entire case.
Acquittal Marks 7th Consecutive Jury Win
A Rock County jury deliberated less than 15 minutes before finding a Chirafisi & Verhoff client not guilty, marking the seventh time in a row the firm has prevailed for our clients at a jury trial. In this situation, our client was originally charged in three separate cases for incidents involving a neighbor. The first case was a damage to property claim that our lawyer, Attorney Tim Verhoff, convinced the prosecution to dismiss before trial due to a lack of evidence. The second case, which went to trial, was a disorderly conduct charge in which the prosecutor alleged that our client harassed his neighbor with a strobe light. At trial, Attorney Verhoff argued that it was actually a misunderstanding involving a security light our client was attempting to install that had malfunctioned. Due to a shoddy police investigation and a lack of communication between our client and his neighbor (who each have injunctions against the other), the neighbor, law enforcement, and the prosecutor wrongly assumed the worst. The highlight came after the jury rendered its verdict in the disorderly conduct matter. The judge asked the prosecutor what he wanted to do about the last case that remained pending, an allegation of a weapon violation. The prosecutor replied that "considering the circumstances," he was simply throwing in the towel and dismissing that case, too. Two dismissals and a not guilty verdict a trial was a complete win for our client.
Felony Domestic Battery Dismissed
Our client was arrested and charged in Dane County Circuit Court with a felony, substantial battery and misdemeanor disorderly conduct after an altercation with his estranged wife. Attorney Tim Verhoff reviewed the facts and was confident the prosecution could not prove the felony charge. At the preliminary hearing, Attorney Verhoff challenged the felony, arguing that the evidence did not support it. The felony battery charge was reduced to a misdemeanor. The prosecutor later proposed a plea agreement, but demanded the defendant to plead to the battery. Our attorney advised the client to reject the offer, as he did not believe the prosecution could prove a misdemeanor battery charge under the facts alleged. At the final hearing before trial, the prosecution folded. The District Attorney's Offered an agreement to dismiss the battery if the client would agree to plead to the disorderly conduct. Under the terms of the agreement, the judge did not convict the client of the misdemeanor. Instead, the disorderly conduct charge also will be dismissed upon the client's completion of a deferred prosecution program.
Domestic Charges Dismissed, Dane County
Law enforcement arrested our client after he had an argument with his wife during which he was alleged to have damaged property in the residence. Although his wife did not want the client prosecuted, he was taken to jail. Prosecutors charged him with domestic disorderly conduct and criminal damage to property. Between the time of the arraignment and the final conference, the client took our lawyer's advice and enrolled in counseling. At the last hearing before trial, Attorney Tim Verhoff was able to convince the prosecution, who originally wanted the client to plead to the criminal charges, to dismiss the case outright. Both the client and his wife were extremely satisfied with the outcome.
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.
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 Domestic Dismissed in Marathon County
Many people can picture this situation. Our client and his wife were stayed at a hotel in Wausau for a youth sporting event. After the games that day, many of the parents spent the night consuming alcohol. It was during this time our client and his wife got into a verbal argument. As she approached him, he grabbed her by the arms and held her down on the bed to prevent her from hitting him. Another parent heard the fight and called police.
Our client was arrested and prosecutors charged him with a felony for false imprisonment, as well as a misdemeanor disorderly conduct. The client hired Attorney Verhoff upon the advice of a local prosecutor. Attorney Verhoff engaged with the assistant district attorney in Marathon County and explained that he believed he could defend the case arguing self-defense. He also provided significant background to the prosecutor about the client. Prior to trial, the district attorney agreed. He extended an offer too good to refuse. He agreed to dismiss the felony and have the client participate in a deferred prosecution agreement on misdemeanor disorderly conduct. Provided our client stays out of trouble for the next year, the remaining charge will be reduced to a non-criminal ordinance violation, the legal equivalent of a parking ticket, and pay a $5.00 forfeiture. As an avid hunter, our client was thrilled to avoid a felony conviction or conviction for a domestic criminal offense, which would have resulted in the loss of his firearm rights.
All Around Victory: OWI Reduced to Reckless, DC and Refusal Dismissed
Law enforcement stopped our client for what is termed a "rolling domestic." He and his girlfriend were having an argument in the car, and she called police. Upon arrival, law enforcement pulled him over and asked him to step out of the car. The police began questioning the client about what happened. Officers also smelled an odor of intoxicants, and the client admitted to consuming alcohol at dinner. Authorities then asked him to submit to field sobriety tests, but he refused. He also refused to submit to a chemical analysis of his breath.
The client was arrested on a criminal charge of disorderly conduct, an OWI-first and the refusal to agree to a chemical analysis of his breath. Attorney Verhoff spoke with prosecutors at the time of charging, and they agreed not to charge a criminal offense. Instead, the District Attorney issue an ordinance violation on the disorderly conduct. As the case unfolded, our attorney was able to convince the prosecution to amend the OWI charge to a citation for reckless driving, dismiss the refusal, and dismiss the disorderly conduct citation. In the end, the client paid a modest fine on the reckless driving, but avoid a conviction for an OWI and the refusal, as well as a criminal charge, and the accompanying license implications and associated fines.
Another Felony Stalking Case Reduced
In this Dane County case, the client was charged with stalking a woman with whom he had a previous relationship. Although he never made any threats to her or took any action toward her, he did repeatedly call her, text her, and often came to her residence. But our attorney had a very strong card to play, evidence that the complaining witness sent texts to our client in the weeks leading up to his arrest. Ultimately our attorneys brokered a deal with the prosecution in which the client agreed to plead to a lesser charge of disorderly conduct. He also agreed to be supervised on probation for one year, but he was not required to serve any jail time.
Felony Battery amended to DC ticket
Client was already charged when he called so this was not a precharge situation. Client was accused of breaking the jaw of another man in a fight. Client had posted material on social media confirming he in fact had done that, and was bragging about what occurred.
We sent an investigator out to speak to witnesses that the police had never bothered to speak with. We had approximately 5 people provide statements regarding what they had seen and how the matter was really a self defense case. We presented that information to the prosecutor handling the matter. The offer went from "plead to the felony with restitution" to a non-criminal ordinance violation and no restitution owed.
Road Rage With Gun Amended From Criminal Charge
The Dane County District Attorney's Office charged our client with criminal disorderly conduct while armed after he was alleged to have pointed a firearm at another driver during a road rage incident. Upon meeting with the prosecutor, Attorney Verhoff noted a recent change in the law that provides the equivalent of an affirmative defense to displaying a firearm, provided there is no malicious intent. According to the reporting party in this case, our client displayed a firearm during the incident, but he also let the clip drop from the magazine while brandishing the firearm. Attorney Verhoff argued to the prosecutor that this reflected an act that was more akin to self-defense and by dropping the clip the client was showing a lack of malicious intent. The prosecutor, who was not aware of the change in the law, decided to amend the charge to a non-criminal citation that is the legal equivalent to a parking ticket.
Dane County Domestic Case Dismissed Before Initial Appearance
In this case, our client was arrested for a domestic disturbance involving his wife. After reviewing the case, the Dane County District Attorney's Office filed a non-criminal charge called County Disorderly Conduct against him. At the time, the client had a different attorney, who appeared and entered a not guilty plea on the client's behalf. Shortly after the initial appearance, the prosecution contacted the client and informed him the non-criminal charge would be dismissed. Then came the bad news: the prosecutor told our client he would be filing a criminal charge against him.
The client decided to look for new legal representation. Upon advice from a friend, he contact our office. Attorney Verhoff immediately contacted the District Attorney's Office. Although the criminal case had been filed at that time, our client had not yet been to court. Through negotiations, our attorney was able to convince the prosecution to delay the initial appearance. He then was able to get the prosecutor to agree to dismiss the charge before the formal court appearance upon condition the client met certain conditions. As negotiated, on the day of the initial appearance, the case was dismissed. The client may now truthfully answer that he was never charged or convicted of a criminal offense.
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.
Three Criminal Charges Dismissed, Dane County
Our client was arrested after a disturbance at a local bar. He was charged criminally with three separate offenses. The client was referred to our office by a different criminal defense attorney in the Madison area. Attorney Verhoff negotiated a settlement agreement with the prosecutor in the case. Our client agreed to do some community service and undergo an alcohol assessment. Upon proof of completion, the District Attorney's Office dismissed all charges against our client.
There Is Always Hope, Sexual Assault Case
This case is an example of an extraordinary result, despite what appeared to be a legal dead end. Our client was charged and convicted of sexual assault several years ago. He was placed on probation and also served a jail sentence as condition of probation. At the time of his conviction, he was represented by one of Wisconsin's top criminal defense lawyers (who achieved a fantastic result by avoiding a felony conviction for the client). Unfortunately for the client, a graduate student with outstanding academic credentials and the potential to make world changes due to his research, the misdemeanor sexual assault conviction spelled trouble in terms of staying in the United States to continue his work due to immigration issues. The client went to his original lawyer to see if anything could be done. That lawyer said he didn't think he could help. But he told the client if there was one attorney in the state who might be able to make a difference, it was Tim Verhoff. The client then hired our firm.
Attorney Verhoff realized there was no legal basis to convince a judge to allow the client to withdraw his plea on the merits. Instead, Attorney Verhoff would have to accomplish what seemed impossible. He had to convince the District Attorney's Office to agree to reopen a three-year old sexual assault case and voluntarily vacate a conviction.
Our attorney went to work gathering information about the client to make the argument that not only would the reopening the case help the client, but it would benefit society as a whole. After several months of discussions, the District Attorney agreed to Mr. Verhoff's request. A court hearing was scheduled during which the District Attorney supported allowing the defendant to withdraw his plea to the sexual assault charge. The DA's Office then amended the charge to disorderly conduct, to which the client entered a plea and was convicted. For sentence, the judge imposed a short jail term, deemed served by the time the client previously spent in jail. This is an outcome that is, literally, unheard of.
Criminal Charges, No Criminal Convictions in DV case
A recent Chirafisi & Verhoff avoided criminal convictions after being charged in a domestic-related incident with a girlfriend. During an argument with his girlfriend, the client, who had been drinking, forced his way into a bedroom, breaking a door. The client spoke with police on the scene and confessed. He was arrested and charged with Disorderly Conduct and Criminal Damage to Property. He hired our firm and began working with Attorney Verhoff. Although the prosecutor initially wanted the client to plead to a criminal charge, Attorney Verhoff was able to convince the prosecutor to dismiss one of the charges outright and amend the remaining charge to a non-criminal ordinance violation, which is the legal equivalent of a parking ticket. Upon learning the news, the client simply said, "Am I so glad I decided to hire you."