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.
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.
Felony Drug Possession- all evidence suppressed
Client was charged with OWI and felony drug possession. Client was involved in an accident which ultimately lead to police locating fentanyl in the client’s purse. The client was referred to Chirafisi & Verhoff from an outstanding lawyer in Milwaukee and we got started. The government wanted the client to plead to the felony drug charge, as fentanyl is an opioid, and they believed a conviction was appropriate.
The video in the case actually was the big game changer here. The video showed the client was arrested and her purse was removed from her body and not searched for almost 20 minutes after she was put in the back of the squad car. That information was never mentioned in the police reports.
We argued the search was unlawful without a warrant. After a lengthy hearing, the Court agreed, and suppressed the drugs found in the client's purse.
DRUG CHARGES DISMISSED COLUMBIA COUNTY
The Columbia County District Attorney's Office recently agreed to dismiss criminal charges against our client for possessing THC and drug paraphernalia. The client was charged for possession after medical personnel was dispatched to his home. The prosecutor voluntarily dismissed the charge after our attorneys raised a defense under section 961.443 of the Wisconsin Statutes, which provides immunity for individuals who contact law enforcement or emergency technicians in the event of a drug overdose.
Three Separate Cases, Two Felonies, Declined
Three recent cases all share a common theme. The clients did not wait to be charged, but hired our office to assist before charges were issued. And that decision lead to no criminal charges being filed.
In the first case, a misdemeanor domestic situation, the client was arrested for disorderly conduct. He hired Attorney Verhoff on the advice of a different, local lawyer. The client was particularly concerned about the criminal allegations due to an ongoing child-custody dispute. Attorney Verhoff immediately contacted the prosecutor to share information about his client's version of events. He also informed the prosecutor that he had in his possession an audio recording that revealed the "victim" kicked and hit the client during the altercation. Once the prosecutor learned of this information, he decided to decline charges. After notifying him the case would not be charged, the client responded, "Thank you so much Tim. I couldn't be more pleased with the outcome. I hope to never require your services again however if I do, I know exactly where I'll be going."
In case two, the client was arrested for on a felony charge of false imprisonment and disorderly conduct. The client's boyfriend, who was the "victim" in the case, contacted our office for assistance. Authorities arrested the client after she and her boyfriend had a dispute during which she prevented him from leaving the residence. Once again, Attorney Verhoff spoke with the prosecutor tasked with making a charging decision. He provided background about the relationship and the client, who has no record and is about to embark on a career in the medical field. After listening to Attorney Verhoff, the prosecutor declined charges and the client was released from jail.
The third case also involved felony charges. This time, the client was arrested on a charge of possessing burglary tools. The client, a 17-year-old with a bright future, was stopped by police who searched his vehicle. Authorities discovered several items they believed he was going to used to commit a burglary. The client's parents contacted Attorney Verhoff before charges were issued. Interestingly, they were aware of the items in the vehicle and could provide legitimate reasons why the client was possessing them. Attorney Verhoff again contact the District Attorney's Office before charges were issued. He provided background to the prosecutor about the client, who by all accounts was no burglar. Attorney Verhoff also indicated that if the case was charged, the client's parents would testify about their knowledge of the items in the car and why they were there, which would undercut the prosecution's theory that he was planning to commit a burglary. Once again, all charges were declined.
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.
Client Avoids Cocaine Conviction
In this case, the client came to Chirafisi & Verhoff after he asked an acquaintance and a member of local law enforcement which attorney he should hire. Given a recommendation, he turned to Attorney Tim Verhoff. The client had been arrested during an annual college festival held in Madison. During the arrest, police located a small amount of cocaine in his pocket, and the District Attorney's Office charged him with a criminal offense for drug possession. The client, an outstanding student who was nearing graduation and had plans to obtain post-graduate degree, was obviously concerned about the impact a criminal drug conviction would have on his future. Although he had a few previous, but minor, brushes with the law, he had never been convicted of a crime.
Our attorney reviewed the case, but unfortunately there were no legal issues he could raise to challenge the arrest or discovery of the cocaine. Instead, Attorney Verhoff went into mitigation mode. He had the client undergo an alcohol and drug assessment, and he met with the prosecutor to discuss the case a number of times. At the first meeting, the prosecutor insisted the client enter a plea and be convicted of the cocaine charge. Attorney Verhoff pointed out the problem the client would have in receiving federal financial aid if convicted of a drug offense. The prosecutor agreed to improve the offer, indicating he would settle the case with an agreement that the client plead to the cocaine charge with a deferral of judgment. By the last meeting, after Attorney Verhoff had obtained the results of the AODA, which were favorable. Using this information, our attorney persuaded the prosecutor to simply amend the charge from a criminal offense to a non-criminal ordinance violation for possession of paraphernalia, which has the legal equivalence of a traffic citation.. The client decided to accept the offer, paid a modest fine, and avoided a criminal conviction.
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.
Drug-Related Charge Re-Opened and Dismissed After Original Conviction
This case is an example of why it is never too late to contact a lawyer. Our client was charged with an ordinance violation for possessing drug paraphernalia. The client, a young college student without a record, failed to appear at the initial court appearance in the case. As such, she was convicted by default and ordered to pay a fine. She and her family were concerned about how the conviction, even though not a criminal violation, would impact her future. A few months after the conviction, she contacted our lawyers to see if anything could be done. Attorney Verhoff spoke with the client and learned that she had voluntarily engaged in an AODA and participated in treatment after the conviction. He then contacted the District Attorney's Office and explained the situation. After discussing the case with Attorney Verhoff, prosecutors then agreed to sign off on a motion to reopen and dismiss the charge against our client. Once again, the client is able to honestly report, if ever asked, that she has no prior convictions.
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.
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.
Iowa County-Possession of THC and drug paraphernalia, all charges dismissed
Our client was charged with possession of THC and possession of drug paraphernalia resulting from a traffic stop of his vehicle. Chirafisi and Verhoff reviewed all the evidence in the case and believed that the officer in this case did not have probable cause to search our client's vehicle based on the reason for the stop.
Chirafisi and Verhoff filed a motion challenging the evidence located as a result of the search and the government agreed without having a hearing that the evidence was obtained as the result of an unlawful search. The charges against our client were dismissed!
Dane County OWI 2nd, Possession of Heroin all charges dismissed
Our client was charged with Operating While Intoxicated 2nd offense and Possession of Heroin. Our client was called in by someone who was so concerned about his driving that they called 911 and followed the client to the gas station where our client had stopped. The police officer responded to the location and had conversations with our client about his plans.
The officer ultimately arrested our client for Operating While Intoxicated, 2nd offense and then located Heroin “in plain view” in our client's vehicle. Chirafisi & Verhoff filed a motion challenging the probable cause for the arrest and a motion challenging the illegal search of the vehicle. After much discussion and viewing the evidence with the Assistant District Attorney, the government agreed that no probable cause existed for the arrest and also agreed that the search of the vehicle was unlawful. All charges against our client were dismissed.