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.

Criminal OWI-2nd, RSC-2nd Amended to Civil Citation

In this Dane County case, our client was charged with OWI-2nd Offense and Operating with a Restricted Controlled Substance-2nd Offense after the Madison Police Department arrested him following a traffic accident.  Police were called to the report of a driver stuck in a snowbank.  Upon arrival, officers located the client and smelled the odor of marijuana, though the client denied smoking.  He agreed to submit to standardized field sobriety tests, after which authorities arrested him and transported him to the hospital for a blood draw.  The blood test results showed the presence of delta-9 THC in the client's system.  Although the narrative police reports stated the client agreed to take a blood test, Attorney Tim Verhoff watched the video evidence, which revealed the client had actually agreed to a urine test, not a blood test.  Our attorney then filed a motion to exclude the test results, arguing the test results were unlawfully obtained because the client never actually consented to a blood draw.  Attorney Verhoff also told the prosecutor that even if the judge allowed the evidence, the District Attorney would have difficulty proving the client smoked marijuana before driving, rather than smoking it after he got stuck in the snowbank and while he was waiting for a friend to come assist him.  The judge scheduled a hearing on our motion.  Prior to the hearing, the prosecutor agreed that he had trouble with the case and offered to resolve the matter by amending the OWI to a non-criminal traffic ticket for reckless driving and dismissing the RCS charge.  

OWI/PAC .11/Inattentive Driving - Amended to Reckless Driving

Client was involved in an accident in the City of Madison at about 1:00 a.m.  Other party involved in the accident called the police stating our client, "asked him to hold his weed and bong.” When the police arrived, client admitted that he wanted the other party to hold his drugs for him. 

Client told police that he "took a nap" and that was the reason for the accident.  Breath test taken at station showed a breath test result of .11.  

Client was desperate to attempt to avoid the OWI conviction so, we got to work.  Client had one issue in the case, there was a question of whether or not an alternative test was requested.  If it was and law enforcement failed to comply, the test result would be excluded from evidence.

The day before the trial was scheduled, the prosecution moved to amend the charge to reckless driving.  No OWI, no revocation of license and no stigma.  Client was thrilled.

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.

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.

Drug Case Reduced, Columbia County

After a traffic stop in Columbia County, authorities searched the vehicle and found marijuana and various drug paraphernalia. Our client was charged with misdemeanor offenses. After negotiations with prosecutors, our attorneys reached an agreement by which the criminal charges were reduced to non-criminal ordinance violations. Our client agreed to pay a small fine on the ordinance violations. Most importantly, our client was spared from having a criminal conviction, which was the most important outcome in the case for him.

Felony Possession with Intent Charge Gets Dismissal

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.

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.   

Felony Drug Charge To Be Dismissed in Green County

After executing a search warrant, a joint task force of law enforcement in Green County arrested our client for a marijuana grow operation in his residence.  The case generated a fair amount of media publicity at the time of the arrest.  The client interviewed several lawyers before selecting Chirafisi & Verhoff.  He had two primary concerns.  He wanted to avoid any jail time, and he wanted to avoid a felony conviction.  Given the amount of evidence against the client, including a confession, Attorney Verhoff had his work cut out for him.  Meeting the client's goals was even more challenging because the search warrant was executed properly, and Attorney Verhoff had no legal means of attacking the admissibility of the evidence.  During initial meetings, the prosecutor was adamant that a felony conviction and jail time were required.  But our lawyers did not give up on the case.  In the end, Attorney Verhoff negotiated an agreement by which the client would be convicted and serve probation on a misdemeanor marijuana possession charge.  At the conclusion of probation, the felony charge of manufacturing THC would be dismissed.  And the agreement included a provision that the client would not be required to serve any jail time.  Needless to say, the client was satisfied with the results. 

OWI & PAC 1st, THC charges all dismissed

Our client had been stopped by police for allegedly swerving in an unsafe manner around two squad cars that were involved in the stop of a different vehicle.  The police began following our client and also believed that she had deviated outside of her lane onto the shoulder of the roadway.  During the contact with the client, marijuana was located on her person and she was charged with possession of THC as well.

The client didn’t really believe that she could beat the case.  Her friend had used Attorney Corey Chirafisi previously and told the client to give him a call to see what he could do to help.

Attorney Chirafisi started out through the administrative review hearing by locking the officer into certain statements that proved to be the tipping point in the case.  After that administrative hearing, Attorney Chirafisi watched the video and noted that the information provided by the officer at the administrative hearing did not match what was clearly on the video.

The prosecutor realized that there could be some problems; and without ever filing a motion, Attorney Chirafisi convinced the State to dismiss the OWI/PAC and THC charges.  In exchange for the dismissal, the client agreed to pay a $187.00 ticket.  She was more than happy, especially since when the case began, she had no real hopes of being successful.  It's cases like these which should serve as a reminder to all that talking to an experienced lawyer who knows OWI defense is always a good idea.

Felony Drug Arrest but No Criminal Conviction in Dane County

As a 19-year old, soon-to-be college student, our client's arrest on felony charges for possession with intent to deliver marijuana cast her future in doubt.  Law enforcement contacted our client in the early morning hours after a resident reported a suspicious vehicle in their neighborhood.  Our client and a passenger admitted to smoking marijuana in the vehicle minutes before police arrived on scene.  Upon searching the car, police found marijuana, smoking devices, paraphernalia, and various packaging materials.  They also found one ecstasy pill. The client was arrested and taken to jail on felony charges of possession with intent to deliver THC.  She immediately hired Chirafisi & Verhoff to help.  Our lawyers contacted the District Attorney's Office.  Attorney Verhoff was able present information to the lawyer tasked with making a charging decision.  He explained why what was located in the vehicle was consistent with someone who used marijuana, but did not sell it.  Convinced, the prosecutor agreed not to charge a felony for dealing.  Instead, the prosecutor filed a misdemeanor charges of possession of THC, possession of a controlled substance for the ecstasy, and possession of drug paraphernalia.  But Attorney Verhoff was not done.  The case was then assigned to a different prosecutor to handle in court.  After several meetings between the lawyers, the assigned prosecutor conceded he could not prove it was our client's ecstasy versus the passenger's ecstasy.  Still, the prosecutor wanted the client to plead to the marijuana and paraphernalia charges.  Attorney Verhoff pressed on and argued the case was worth no more than a non-criminal citation for casual possession of marijuana.  Finally, the prosecutor gave up and agreed to amend the charges to a non-criminal violation with a penalty of only court costs, not even a fine.

Iowa County Drug Conviction Avoided

Our client spent an evening camping with friends at a state park in Iowa County.  While there, a DNR warden contacted our client and his friends.  During the interaction, the DNR warden suspected that individuals in the group were in possession of illegal drugs.  The warden investigated, and our client ultimately was arrested and charged with a criminal offense for possessing marijuana. Worried about the implications a criminal conviction would have on his future ability to obtain jobs, as well as his eligibility for student loans, he contacted an attorney who referred the client to Chirafisi & Verhoff.

Attorney Tim Verhoff met with the prosecutor assigned to handle the case and reached a resolution by which the assistant district attorney agreed to amend the charge from a criminal drug offense to a non-criminal violation for excessive noise at a state campsite.  For penalty, the client had to pay a small fine.  Needless to say, the client was thrilled with the outcome.

No Charges in Drug Case

The Wisconsin State Patrol stopped our client for speeding.  During the course of the stop, the trooper located containers with a variety of prescription medications, marijuana and other drug paraphernalia in the vehicle.  At the conclusion of the investigation, our client was arrested on criminal charges for possession of an illegally obtained prescription, possession of THC, and possession of drug paraphernalia.  The trooper also cited the client for OWI, speeding, open intoxicants, and refusing to submit to a blood test.  The case was forwarded to the District Attorney's Office for review.  Attorney Verhoff spoke with prosecutors before charges were formally filed.  They agreed to only file the traffic citations, and to not pursue the criminal drug charges.  Chirafisi & Verhoff continued representing the client in the traffic matters and later brokered a deal in which the client agreed to be convicted of OWI, but the remaining citations were dismissed.  As part of the deal, the prosecution agreed not to require an ignition interlock device as part of any sentence, an unusual outcome when a refusal is involved.   

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.

Marijuana Possession, Vandalism, Obstructing – All charges dismissed before trial

Our client came to Madison from out of state for a visit and rented a hotel room.  Police were called to the room based on a noise complaint.  While standing outside of the room, police said they smelled the odor of marijuana and heard people talking loudly about smoking and whether smoking would set off the smoke detector.  Police knocked on the door and made contact with our client and also saw several guests in the room.  Our client originally refused to allow police into the room, and the officers found him to be “argumentative and uncooperative.”  Police claimed our client ultimately consented to a search of his room.  Upon entry, police observed a broken lamp and found marijuana wrapped in a towel in the bathroom.  They arrested our client for drug possession, obstructing and damaging property.  At the first hearing, the newly-hired Assistant District Attorney refused to discuss the merits of the case.  Instead, he made an offer to dismiss a citation also issued to our client for smoking in a hotel room if our client entered a plea to the other three charges.  Our attorney flatly rejected the offer.  At the final hearing before trial, our attorney met with the Assistant District Attorney assigned to handle the trial.  He asked her a simple question.  How do you plan to prove any of this?  Although less than enthusiastic to talk with law enforcement, our client had not lied to police.  Therefore, he had not obstructed the investigation in any way.  There were many people in the room, how was the ADA going to prove it was our client’s marijuana in the bathroom?   Finally, how was the ADA going to show the lamp was intentionally damaged, let alone who damaged it?  After several minutes of silence, the prosecutor responded.  “You’re right,” she said. “I’ll dismiss it all.” 

Drugged Driving, Domestic Violence and OWI/Posession paraphernalia cases all thrown out

DODGE COUNTY:  DRUGGED DRIVING CASE DISMISSED

Prosecutors originally charged our client with driving after smoking marijuana.  After reviewing the lab reports, our lawyers convinced the prosecution they could not win the case because the client had only metabolites of THC, but no delta-9 THC in his system.  Case dismissed prior to trial.

DOMESTIC VIOLENCE CASE DISMISSED

Our client was charged in Dane County with multiple felony and misdemeanor counts after breaking into his estranged wife’s home and allegedly assaulting her.  One the felony charges and all of the misdemeanor charges were dismissed outright.  The client entered into a deferred prosecution agreement on the remaining felony charge, which will be dismissed upon completion of the agreement.

CITY OF REEDSBURG – EVIDENCE SUPPRESSED, OWI CASE AND POSSESSION of DRUG PARAPHERNALIA THROWN OUT

Police stopped our client for failure to properly yield to a pedestrian in a cross walk.  As a result of the stop, our client was charged with OWI, PAC and possessing a pot pipe.  Police tested our client’s blood, which revealed an alcohol level of 0.187 percent.  Our lawyers filed a motion to suppress the evidence, arguing the officer lacked a basis to stop the client.  The judge agreed and threw out all of the evidence against our client, and the case was dismissed.