Possesion

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. 

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.”