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.

15 Pounds of Marijuana - All Evidence Suppressed (Grant County)

Interesting case, fantastic results. Client was pulled over for having the wrong license plates on his vehicle. Once he was pulled over, the officer determined the title of the vehicle was also incorrect. So he suspected something more was going on. So, he called for a drug dog.

We reviewed the video of the interaction and determined that the officer intentionally delayed filling out the paperwork to allow the dog to show up. Once the dog appeared, it “hit” on the vehicle and police discovered 15 pounds of marijuana in the back seat.

We had a motion hearing with briefing on the issue and after all was said and done, the court agreed that the police unlawfully extended the detention and suppressed all the evidence.

Dane County Drug Charge Expunged

Law enforcement suspected our client of being a drug dealer. In a coordinated effort that included authorities from the State Department of Criminal Investigation, police targeted the client with a plan to arrest him and search his vehicle. Police followed him in his car and waited for him to violate a traffic law. Authorities ultimately stopped him for speeding, searched his vehicle and found several jars filled with more than 100 grams of marijuana. Prosecutors filed a criminal drug charge against the client. In a negotiated resolution, Attorney Tim Verhoff brokered a deal in which the client entered a plea to the misdemeanor charge of possessing marijuana. The judge ordered him to complete 32 community service hours, but authorized the expungement of the case upon the client's completion of the community service and payment of court costs.

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.

Felony Gun Charge Dismissed

Law enforcement in Columbia County stopped our client for speeding, which quickly turned into a drug investigation. The arresting officer smelled the odor of marijuana coming from the vehicle. Our client and his passenger, who authorities described as appearing nervous, admitted to smoking a few hours earlier. Police searched the vehicle and located marijuana, MDMA, and a loaded, short-barreled shotgun. Our client was arrested and charged with a felony for the weapon offense and a misdemeanor for possessing controlled substances. Through negotiations with the prosecution, Attorney Tim Verhoff was able to obtain a plea agreement in which the District Attorney dismissed the felony gun charge. Our client agreed to plead to a misdemeanor drug possession charge and pay court costs. While he admitted he made a huge mistake, the client was very happy to avoid a felony conviction, incarceration, and probation.

MDMA Conspiracy Expunged, Dane County

After receiving information from the Department of Homeland Security and Customs and Border Patrol about a suspicious package destined for Madison from JFK International Airport, local law enforcement set up a drug sting. Through the investigation, law enforcement determined that 262 grams of MDMA was being mailed to a home in Madison from a location in Slovenia. Our client, who lives more than 100 miles away from Madison, was arrested in the sting after the Madison homeowner who received the package contacted him and asked him to come to retrieve the package delivered to her home. The Dane County District Attorney's Office initially charged our client with conspiracy to deliver designer drugs, a Class C Felony, carrying a penalty of up to 40 years in prison. Our Attorney, Tim Verhoff, worked the case and was able to convince the prosecutor to amend the charge to a substantially lesser offense that could be expunged. The case was resolved short of trial with the judge approving an agreement for an expunction of the case upon the client's successful completion of a probationary period. Needless to say, the client, who had no prior criminal record, was quite relieved to get a second chance at a clean record.

Delivery of THC (3 Counts) - Dismissed

Although courts are not operating as usual because of the COVID pandemic, Chirafisi & Verhoff are still getting outstanding results for clients. 

Again, another precharge case which we were able to step in and assist the client in avoiding a criminal conviction.  Client is a young man from a great family.  He was charged with Delivery of THC, however, when learning some facts about the case, the client was asked by his friend to get him THC and based on their friendship, the client agreed.  That ultimately led to charges.  

We were able to show the DA what actually occurred and how the charges were unjust.  The DA ultimately agreed that the defendant's case should be dismissed and did so at the initial appearance.  Client was thrilled.  No conviction of any kind.

Party To A Crime Possession of 72 Grams of Cocaine - Charges Dismissed (Dane County)

The first case involves a client who was a passenger in a vehicle stopped for a traffic violation.  In the course of that stop, officers located 72 grams of cocaine in the vehicle and $3,800 in cash in the clients purse.  

Now, to be fair, the driver of the vehicle said that the cocaine belonged to him, which is helpful.  The client told the police that the driver asked her to hold $4,000 in cash which was located in her purse, which is not helpful.  The State then made a decision to run DNA tests on the baggy in which the drugs were located and the scale located in the vehicle.  The portions of the scale had a positive DNA match for only one person in the vehicle, our client.

So, now we had a client as a passenger in a vehicle with 72 grams of cocaine, holding $4000.00 for the driver and her DNA on the scale used to weigh the drugs.  Seems like a good party to the crime case for the state.  

The State moved to dismiss the case against the client.  No cooperation, no amendment.  Just a straight dismissal.

OWI/Restricted Controlled Substance - Charges Amended

This case was challenging because it involved the client having Delta-9 THC in his blood.  The fact is, if Delta 9 is found in a person's blood, that person is guilty of Operating With a Restricted Controlled Substance, whether the state can prove impairment or not.  In this case, the client drove his car into a house, rupturing the gas line.  So, the driving was certainly considered poor.

We challenged the case on whether or not there was reasonable suspicion to conduct field sobriety tests.  We started with the Administrative Review Hearing where we were able to get the officer to admit that he didn't have any reason to believe the client was impaired by drugs or alcohol.

We then took that information and filed a motion in court to throw all the evidence out based on lack of reasonable suspicion.  Prior to the hearing being conducted, the prosecution offered to amend the charge to Reckless Driving.  A huge win for the client.

Drug Case Amended, Juneau County

Our client was arrested and charged with possessing marijuana after a traffic stop in Juneau County.  Originally, the client tried to represent himself in the matter.  The prosecutor gave him two options, plead to the criminal charge or have a trial.  The client then hired Attorney Tim Verhoff.  Our attorney reviewed the police reports in the case and recognized that the deputy engaged in some questionable conduct.  Attorney Verhoff filed a motion to challenge the deputy's contact and detention of our client.  The judge scheduled a hearing on our motion.  Minutes before the evidentiary hearing was set to begin, the District Attorney changed his tune.  He made an offer to amend the case to a non-criminal violation of the county ordinances if our client agreed to withdraw the motion.  The client, who agreed, was thrilled with the result, as he avoided a criminal conviction in the matter.

Federal Drug Case- 10 Year Minimum Mandatory-Client gets time served (14 days)

This case was a multi-defendant drug conspiracy in the Eastern District of Wisconsin.  Client was charged with distributing more than 500 grams of meth with approximately 25 other defendants.  That charge carries with it a minimum mandatory sentence of 10-life.  The other problem was, when the search warrant for the residence the client was staying at (his mom's), there was a firearm located in the bedroom where he was sleeping.  Drugs and guns in federal court are a problem.

The client was represented by another lawyer initially but a conflict led to the lawyer referring the client to our office.

While the drug case was strong for the government, including recorded phone calls where the defendants are discussing drug transactions, the thing we needed to do was get the government to get rid of the the gun.

If the government was willing to admit that the firearm was not involved in the case, the defendant could qualify for a "safety valve" exception.  That would allow the defendant to be sentenced below the minimum mandatory required by the statute.

After literally years of providing the government with proof that the firearm didn't belong to the client, and proof that he had just recently flown into town and wouldn't have had the firearm, the government gave in and agreed the gun could not be tied to the defendant.

That opened the flood gates for the client.  He had done a great job since the charge of finding stable employment, finding a residence and really turning his life around.

At the time of sentencing, the government made a recommendation for 3 1/2- 4 years in federal prison.  We recommended the time that he had already served (14 days) along with supervised release.  The judge followed our recommendation and did not send the client to prison. It likely saved his future.  Job saved, residence saved and chance to move forward in his life.

In this case winning the case didn't mean beating the charges for the client, it meant finding the way to get him to the "safety valve" exception which made the time served sentence possible.

Two More High-End OWI Clients Avoid Prison

It is not unusual for individuals charged with fifth-or-sixth-offense OWI offenses in Dane County to be sentenced to prison.  In two recent cases, Chirafisi & Verhoff clients had one goal in mind: to stay out of prison.  Fortunately, they each avoided that fate.  In the first case, Attorney Verhoff was able to convince the prosecutor that although the client was guilty of a sixth-offense OWI, she should recommend a probation sentence.  She agreed to do so, and the judge accepted the recommendation. 

The second case was a bit more dicey.  The facts were not in the client's favor.  He was convicted of using an inhalant and placed on probation.  The day after he was sentenced in that case, he was again arrested for using an inhalant -- this time after passing out in traffic while huffing.  The client originally had a different attorney on the case, but turned to Attorney Verhoff for help on advice from a friend.  Attorney Verhoff went to work tracking down certain records to see what defense could be mounted. Through negotiation, he was able to chip away at the prosecutor.  Ultimately, the prosecutor agreed to recommend an imposed and stayed sentence for probation.  At the plea and sentencing hearing, however, things started to look bleak. Although the prosecutor recommended probation, the judge, upset by the facts of the case informed the parties it was likely the recommendation would not be followed.  The judge allowed Attorney Verhoff to take a break to speak with the client to see if the client still wished to proceed, knowing it was likely he would be sent to prison.  As he walked from the courtroom, several other lawyers commented to him that the judge's comments were "brutal" and things "did not look good" for the client.  After speaking with the client and  resuming the hearing, Attorney Verhoff asked the judge for an opportunity to clarify some of the comments she made about the case and opinions she appeared to have formed.  He then vigorously argued why a probation sentence made more sense than a prison sentence.  By the time he finished the argument, the judge had changed her mind.  She agreed with Attorney Verhoff and indicated she would place the client on probation.  At the conclusion the prosecutor commented that Attorney Verhoff had "clearly changed the judge's mind" with his argument.  Another lawyer watching hearing said that Attorney Verhoff had "pulled his client out of the fire" and that he had "never seen a judge change their mind like that before."

Felony Drug Charge Dismissed, No Conviction in Dane County

In this case, our client did not immediately hire Chirafisi & Verhoff, but he and his family were grateful they ultimately did.  Local police contacted the client after the van he was driving broke down on the side of the road. Police responded to assist and claimed to smell the odor of marijuana coming from the vehicle.  Authorities conducted a search and located a variety of drugs, including psilocybin, Oxycodone, amphetamines, and synthetic marijuana. The District Attorney's Office filed multiple felony charges including drug possession and possession with intent to deliver.  The client's first lawyer told him the case looked grim, and he would likely be convicted of at least one felony and serve a considerable amount of time behind bars.  The client and his family wanted a second opinion. Based on a recommendation from someone who works in the Courthouse, the client contacted Attorney Verhoff.  He met with the client and his family, who were astonished when he told them his goal went beyond avoiding incarceration.  Attorney Verhoff believed he may be able  to get the client out of all criminal convictions.  After reviewing the case, Attorney Verhoff noticed some weaknesses.  He then met with the prosecutor and pointed out the flaws.  He also gave the prosecutor with valuable insight about the client.  At the conclusion of negotiations with Attorney Verhoff, the prosecutor made a settlement offer that the client could not refuse: the ADA agreed to dismiss all felony charges.  The prosecutor then agreed to have the client plead to two misdemeanor possession charges with a promise that upon the client's successful completion of a deferred prosecution agreement, the remaining misdemeanor charges would also be dismissed.  Needless to say, the client, and his parents, were pleased they decided to hire Chirafisi & Verhoff.   

Dane County Felony Drug Case to be Dismissed

A felony charge of possession with intent to deliver approximately five pounds of marijuana will be dismissed against one of Chirafisi and Verhoff’s clients.  The client was arrested after the United States Postal Service became suspicious that the client was having marijuana shipped through the mail from a different state.  Law enforcement set up a sting operation and recovered approximately five pounds of marijuana that had been mailed to our client.  In an agreement with the prosecution, our Attorneys worked out a deal by which our client will participate in a deferred prosecution program.  At the conclusion of that program, the charge against our client will be dismissed.

Battery and Drug Charges to be Dismissed

Our client, a student at UW-Madison, was arrested after a night of drinking in which he got into a fight outside of a bar.  Madison police took our client into custody because the person with whom he fought ended up with a broken nose (a potential felony charge).  While processing him at the jail, authorities discovered a small amount of cocaine in our client’s pocket.  Our lawyers spoke with prosecutors before formal charges were filed, and they agreed not to charge a felony assault.  Instead, our client was charged with misdemeanor battery and possession of cocaine.  Our lawyers then worked out an agreement in which our client will participate in a deferred prosecution program.  Once he completes the program, the case will be dismissed.