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.
Gun Charge Dismissed At Initial Appearance
A Dane County court commissioner had no choice but to dismiss a criminal charge of going armed while intoxicated against our client at a recent initial appearance. The client, who was pulled over for a traffic violation, was initially charged with a criminal offense for having a firearm in her possession while she was intoxicated. Attorney Verhoff attended the first hearing and received a copy of the charging document called the criminal complaint. He immediately noticed the complaint failed to allege that the firearm was loaded at the time our client possessed it. This is an element of the criminal charge. Our attorney moved to dismiss the complaint and charge based on the prosecution's failure to sufficiently allege all elements of a crime in the charging document. Given the defect in the complaint, the court commissioner dismissed the case.
Client found NOT GUILTY in gun case
The new law in Wisconsin which allows our citizens to carry a firearm has caused the lines on what citizens can and can't do with a firearm to become blurry.
Police were dispatched to a 911 call of a man with a gun. The complaining witness informed dispatch that the vehicle they had just passed had a driver in it who threatened them with a gun.
The police stopped the client at his home and he acknowledged that there was an incident on the road and that he did display a firearm. The officer testified that the client told him that he showed the gun to the couple in the other vehicle "so they knew not to [mess] with him."
The client hired Chirafisi & Verhoff, and after some research, the attorneys believed the client's actions were not only justified, but not in violation of the law on carrying firearms. The matter went to trial on June 9th and after 4 hours of deliberation, the jury found the client not guilty and the case was dismissed.