OWI 4th - amended to OWI 1st Offense - Clark County

We have mentioned the value of collaterally attacking a prior conviction. We make an effort to do that whenever we can. In this case, the client was charged with a felony level OWI. THe case wasn't particularly strong on the facts, however, the client had 2 uncounseled prior convictions. We were able to locate the information on those prior charges and challenged the prior convictions in circuit court. After the hearing, the state conceded that they could not defend the prior convictions and agreed to amend the charge to a 1st offense.

Instead of a felony level convictions, client received a fine of $150 and was not convicted of any crime.

OWI-4th Amended from Felony to Misdemeanor

Normally, we only post results once a case is completed. However, we had some results in cases this week that we feel compelled to share. While some of the cases are not concluded, we will make sure to let you know how they turn out.

Tuesday - We had a hearing waiting for a decision from the judge to determine whether or not to grant the client's motion for a collateral attack on one of her prior convictions. It was an extremely important motion as the client was charged with an OWI 4th offense. If successful, the charge would not only be amended from a felony to a misdemeanor, it will also change the client's legal alcohol concentration from .02 to .08. That mattered in this case, as the client had a blood alcohol level of .07, which would have put her under the legal limit. The morning of the judge's decision the prosecutor called and admitted that they could not defend the collateral attack and amended the charge to a 3rd offense. Client is now not going to be a felon and goes into the trial, under the legal limit. Good day.

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.

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.

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.

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.

OWI 4th/PAC- Felony Charge Amended

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

The client was over the legal limit for him, which is a .02, but under the legal limit of .08.  After back and forth with the DA on the case, the prosecution agreed to amend the charge to misdemeanor Negligent Operation Off Roadway.  The big get for the client in this case was he saved his license for life.  A conviction on the OWI would have led to a lifetime revocation with the possibility of an occupational after 10 years, that is no longer a concern.  No felony conviction, no jail time and no loss of license.

Felony Injury to Cop Dismissed at Preliminary Hearing

Prosecutors in Dane County charged our client with a felony count of causing soft-tissue injury to a law enforcement officer in relation to the client's arrest following a disturbance at a local casino.  At the preliminary hearing, the District Attorney argued the mere fact that one of the officers sought medical attention for a knee injury after the incident was sufficient to establish probable cause.  During the hearing, Attorney Tim Verhoff was able to get the judge to order the prosecutor to allow him to review the officer's medical records.  Those records revealed the officer suffered a slight scrape to the knee.  But the records showed no internal injuries or injuries to the skin that would require stitches, staples, or tissue adhesive. Our attorney argued that the injury the officer suffered did not meet the legal standard of the soft-tissue injury contemplated under the law.  The judge agreed, dismissing the felony count against our client.

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.

Felon In Possession of Firearm - Dismissed

In this day and age, firearm possession is a hot topic.  In this case, we had a client who had a prior felony conviction, which prohibited him from possessing a gun.  The police responded to his residence and located a firearm under his bed.

It would seem like a pretty open and shut case right?  Wrong.  The government has to prove not only that the client was aware the firearm was present, they also have to prove that he had an intent to exercise control over the gun.  That was the problem, there was no way that could be established. The client lived at the residence with his girlfriend (who was the person who called the police). They could not prove the gun was registered to him or that he had ever touched it. 

This case was dismissed at the second court appearance. 

Felony Battery Dismissed Prior to Trial

This case stems from a bar fight in Vilas County. The client was charged with felony battery for striking a kicking another person at a wedding. The injuries were substantial, including approximately $60,000.00 in restitution for hospital bills and time off of work. The complaining witness suffered multiple fractures and was on a breathing tube for some period of time.

Defense to the charge was self-defense. We knew it was going well after the preliminary hearing when the judge stated, "this appears to be a perfect self-defense case". However, based on the amount of restitution, the prosecutor refused to negotiate the case.

As the case moved closer to trial and witnesses were interviewed, we filed an "other acts motion" to introduce evidence against the complaining witness and his wife. Once the court granted that motion, it was over from there.

Client, who is a great guy with a family and good job avoided a trial, where anything can happen and still had his case dismissed.

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.

FELONY BATTERY CHARGE DISMISSED AT FIRST COURT HEARING

Our client was arrested after he was involved in what could be described as a road-rage incident. He was taken to jail, and prosecutors filed against him a felony charge of substantial battery. His family did not know where to turn and asked a local lawyer to suggest a criminal defense attorney. He recommended Attorney Tim Verhoff. Our attorney attended the initial appearance in the case. He reviewed the formal charging document, called a criminal complaint, and recognized it failed to set forth the proper elements to support the allegations against the client. Attorney Verhoff made an oral motion to dismiss the felony assault charge. After hearing argument from both Attorney Verhoff and the assistant district attorney, the judge agreed with our lawyer. He dismissed the felony charge, and the client was released from custody.

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. 

Felony Hit and Run Causing Great Bodily Harm Amended to Misdemeanor without Injury

Prosecutors charged our client with a felony count of hit and run, causing great bodily harm after he was involved in an accident and left the scene.  Police, who investigated the case prior to the client hiring our firm, contacted him about his car being involved in an accident.  The client admitted to driving and being involved in the crash.  Authorities then filed a felony criminal charge against him.  Due to our client's business, he could not afford a felony conviction.  Nor could he stay in business if his license was revoked for a period of two years, one of the consequences of being convicted of the felony charge.  Although police and prosecutors suspected the client was impaired at the time of the accident, they could not prove an OWI.  Understanding our client's needs, as well as the prosecution's desires, Attorney Verhoff worked out a creative solution to the case.  Aware that the government would like to get an OWI conviction out of the case, he proposed the client enter a plea and be convicted of a non-criminal first offense drunken driving and in exchange he asked the prosecution to amend the case from a felony causing great bodily harm to a misdemeanor hit and run that did not include injury.  Spared the a felony conviction, as well as a prolonged license revocation, the client was very satisfied 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. 

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 Charge of Maintaining A Drug Dwelling Dismissed

Our client and his housemates were charged with maintaining a drug trafficking dwelling in Rock County after law enforcement raided their home.  Our attorneys reviewed the search warrant and found problems with certain aspects that allowed us to file a motion to challenge the validity of the warrant.  In speaking with prosecutors in advance of the hearing on the motion to challenge the search warrant, the prosecution made an offer to dismiss the felony and have the client plead to a simple possession of marijuana with expungement of the case after one year of probation.  The client, who accepted this offer, was very pleased with the outcome.

3 more outstanding results- Felony dismissed at preliminary hearing

The first case is out of Dane County: a felony battery. The client was charged with striking a person on a downtown Madison street.  That person fell down, struck their head and lost consciousness. The Dane County DA's office has a policy of not attempting to resolve cases before preliminary hearings.  We here at Chirafisi & Verhoff have a policy of not waiving preliminary hearings for no reason.

At the preliminary hearing, the officer testified to our client's version as to what had occurred.  The prosecutor never asked the officer about any other version of what had happened. The Court, armed with only the version set forth by our client, found that the state had not established probable cause and the felony was dismissed.  

More soon regarding out two other recent outstanding case results...