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.
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.
Injunction Petition Denied
A Dane County judge denied a domestic abuse injunction filed against one of our clients after Attorney Verhoff argued the evidence did not merit a finding that the client engaged in domestic abuse against the petitioner. He also argued that, given the timing of the filing, it appeared the petitioner was attempting to use the injunction as leverage in a family court case where child placement was an issue. At the conclusion of evidence, the judge agreed with our attorney's argument but went a step further. The judge stated that event if he believed the client engaged in an act that constituted domestic abuse he would still have denied the petition under the circumstances in light of Attorney Verhoff's argument.
DV Injunction Dismissed After Cross Examination
A Court Commissioner recently dismissed an domestic abuse injunction filed against one of our clients in a somewhat unusual situation. The client's former live-in girlfriend filed the petition months after the couple broke up and as they were disputing child placement and property issues. Prior to the hearing, Attorney Verhoff made a settlement offer to the petitioner. If she agreed to dismiss the injunction, the client would provide her with certain property. The petitioner and her lawyer flatly rejected the offer, wanting to proceed with the hearing.
The petitioner provided her testimony, and Attorney Verhoff set out cross examining her using various texts she had sent to the client. Needless to say, she had difficulty handling most of his questions. Before cross examination could be concluded, the Court Commissioner stopped the hearing and admonished the petitioner that she should consider trying to resolve the case. The hearing was adjourned and scheduled to continue about a week later. Upon return for the continuation of the hearing, the petitioner and her lawyer approached Attorney Verhoff and agreed to dismiss the injunction.
Domestic Disorderly Conduct and Intimidation of Victim Charges Dismissed
The Madison Police Department arrested our client for a domestic disorderly conduct and intimidation of a victim after he was in a dispute with his landlord. Before our firm became involved, the Dane County District Attorney's Office filed criminal charges against our client. The landlord also filed a domestic abuse injunction against our client. After a hearing on the injunction, the judge denied the injunction petition. Attorney Verhoff then used the dismissal of the injunction to our client's advantage in the criminal case. Before trial, Attorney Verhoff met with the prosecutor to discuss the criminal case. He outlined the proof problems anticipated with the government's case. He also shared the judge's decision regarding the injunction with the prosecutor, suggesting that if a judge refused to issue an injunction on the same facts (and a lower standard of proof), the prosecutor may have a hard time convincing twelve jurors our client was guilty of the crimes alleged. The prosecutor agreed and dismissed the case, much to the delight of our client and his family.