A routine traffic stop for speeding turned into a felony drug case for one of our Dane County clients. After the officer stopped our client, he observed a small amount of marijuana in an ashtray. The officer searched the vehicle and located approximately 1.5 lbs of marijuana in the car, as well as a significant amount of cash. The client was charged with possession of a controlled substance with the intent to deliver. Attorney Verhoff reviewed the case and recognized it would be particularly challenging because the police had executed the search by-the-book. As such, there was not a legal mechanism to challenge the evidence. Instead, Attorney Verhoff went into mitigation mode in an attempt to work out the best deal possible for the client. At first, the prosecutor and his immediate supervisor insisted that the client be convicted of the charge due to the significant weight of the seized drugs. Undeterred, Attorney Verhoff spent several months negotiating with the prosecution in an attempt to show why this particular client deserved a second chance. Ultimately, Attorney Verhoff was able to get the District Attorney's Office to agree to recommend a deferred prosecution, which means no formal conviction for our client and a dismissal of the charges. This was particularly important because a conviction would have presented problems for the client in obtaining federal student loans.
198 pounds-90,000 grams of Marijuana Suppressed
Great outcome for our Client who was charged with Possession With Intent to Deliver THC in an amount of 90,000 grams, the equivalent to 198 pounds. This case stems from multiple search warrants executed which led to a search warrant of the client’s property where the marijuana was located.
The challenge was not only the warrant(s), but the judge who was hearing the case was the judge who signed the warrants. We had to convince the judge that he was wrong when he originally signed the warrants. We challenged each of the three warrants on lack of probable cause. After extensive brief writing and legal arguments, the Court found that the second warrant and the warrant to search the defendant’s home both lacked probable cause and the Court threw out all evidence obtained from the search.
Not only was that the 198 pounds, but also all of the money and vehicles which were seized as products obtained from unlawful drug distribution. It was a huge win for the client. Clearly a prison sentence was avoided and the client was in utter amazement at the outcome.
Arrested for Dozens of Felony Drug Charges, but No Conviction
This case is yet another example of why a person should hire a lawyer well before charges are filed. Our client, a high school student about to start college, was arrested by local law enforcement after authorities found a variety of controlled substances in his backpack. He was taken to jail and booked in on 15 felony counts of possession with intent to deliver a controlled substance. His family turned to Chirafisi & Verhoff for assistance. Attorney Tim Verhoff immediately contacted the Dane County District Attorney's Office and arranged for a bail hearing. The client was released from jail that same day on a signature bond and avoided spending a long, holiday weekend in custody. The next court date was scheduled approximately two weeks later. During that time, Attorney Verhoff coordinated a meeting with the prosecutor assigned to make the charging decision in the case. The prosecutor initially planned to file multiple felony charges against the client. But after discussing the situation, the prosecutor agreed to file misdemeanor charges. He also agreed to resolve the case with a deferred prosecution, meaning all charges will be dismissed once the client completes the program.
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.