OWI-6th and Motion Hearing Outstanding Results

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.

Friday- We normally don't ever post about sentencing hearings, but we feel this one warrants mention. The client was charged with an OWI 6th offense, his alcohol concentration level was .34. That is 17 times the legal limit for the client. He also picked up his 6th offense while he was out on bail for a 5th offense. The 6th offense was in a notoriously difficult county and presented many challenges to avoid a prison sentence. One issue is the law now presumes that the client will go to prison on a 5th or 6th for at least 18 months.

By the time the sentencing was over, the client received a sentence of probation with county jail time. The prosecutor even sent a nice email to Attorney Chirafisi describing his sentencing argument as eloquent and praising him for the work he did for his client.

Attorney Chirafisi then did a motion hearing to throw out a blood test result of a client who had a .25 blood alcohol concentration after a crash. The state did not concede this motion. In fact, they called an expert from the lab of hygiene to testify about the defendant's alcohol concentration level. After Attorney Chirafisi finished questioning the expert from the lab, the court found that the testimony of the expert would be pure speculation and the court barred the expert from testifying.

Not every week is like this, but with the pandemic and courts not running at full speed, we think these results are worthy of a mention.

Motion Granted for Privileged Records of Witness

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.

Thursday- Client is charged in a multi count complaint alleging three (3) counts of sexual assault. After receiving the reports in the case, Corey Chirafisi believed there was a motion to get the privileged psychological records of the complaining witness. The motion can be difficult to win, however, it can also provide very useful information if granted. The records are initially reviewed by the judge.

We filed the motion seeking five (5) different records from counselors regarding the past psychological counseling of the witness. Prior to the hearing, the prosecutor called and informed us that he was not going to object to the records being reviewed by the judge. The judge granted the motion in its entirety.