Refusal Hearing (Dodge County) Refusal Dismissed

Each county handles their cases differently. In Dodge County, they hold refusal hearings before the first appearance and sometimes before the person's test result has been returned. That makes zero sense if a case might resolve, however, that's Dodge County.

So, in this case we informed the prosecution that the test result was not known yet and the initial appearance was scheduled for another 5 months. That didn't matter, the State wanted to move forward with the hearing.

The case wasn't particularly strong on the refusal. The allegation is the client used THC and was driving. Odor of THC in the vehicle and the client admitted to using THC approximately 1 hour before the stop.

The case looked like the client was going to lose, except the State, as they often do, stepped in it. They forgot what they needed to establish at a refusal hearing and neglected to put in the location of the stop or "venue". That is a requirement at any hearing. Corey Chirafisi raised that issue to the court and the Court agreed, dismissing the refusal.

The case is not over, however, it is a good start.

OWRCS #2 - Delta 9-THC present - Dane County- Case dismissed

At first blush, the case looked difficult. Client had THC in his system making the charge a strict liability offense. If the government could prove the operation of the vehicle, they can get a conviction.

The police report indicated that the office pulled into a gas station and the client's vehicle was running, in a parking stall and the client was passed out. The officer indicated she had to pound on the window to wake the client.

The video showed a much different story. The officer never went up to the window. The client opened the car door for the officer. We had the officer in a clear misstatement. Attorney Chirafisi filed a motion to suppress the stop of the vehicle.

The state didn't even want a hearing on the case. They conceded the motion without a hearing. Can't really do much better than that.

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.

Felony Drug Case, Juneau County

When a Wisconsin State Trooper conducted a recent traffic stop on the interstate, it turned into much more than a routine OWI investigation for one of our out-of-state clients. After detaining the client for weaving, the trooper ran the client through field sobriety tests and arrested him. The trooper asked the client if he had any weapons on him, and the client informed him there were two loaded handguns in the car. He also admitted to having marijuana and money. During a vehicle search, authorities located the guns, a mason jar filled with marijuana, and approximately $70,000.00 cash, banded in $100.00 bills. Prosecutors charged the client with a felony for possessing THC with the intent to deliver. They also charged him for possessing a firearm while impaired and for the OWI. The client hired our lawyer, Attorney Tim Verhoff, after a different lawyer in the Madison area recommended him. Ultimately, Attorney Verhoff was able to explain to the prosecutor why the client was carrying so much cash and weapons. Although the client agreed to plead guilty to the OWI charge, our lawyer negotiated an outstanding resolution in the criminal matter. The prosecutor agreed to dismiss the weapons charge outright. After hearing our explanation on the money, the prosecutor also agreed to amend the felony drug charge to a non-criminal violation of the Juneau County Code of Ordinances for possessing paraphernalia. But wait, there is still more! The prosecutor also agreed to return the weapons to our client, as well as all of the cash that was seized.

Going Armed While Intoxicated and Possession of THC

Client was arrested as a passenger in a vehicle which was stopped for speeding.  The police did an OWI investigation of the driver and when they located evidence in plain view (THC) they searched the vehicle.  The defendant was alleged to have been impaired and was carrying a firearm on her person.  The police also found a small amount of THC on her person as well.

The way we were able to get the evidence suppressed dealt with the unlawful blood draw of the client.  The client did not initially consent to the blood draw, that was until the officer told her that he would take her to the station and get one without her permission.  The client then consented to the draw.  The problem was, the officer threatened her, thereby making her consent involuntary.  We filed the motion on the unlawful draw and the prosecution conceded the motion and dismissed the criminal charge without a hearing.  The prosecution then amended the THC charge to an ordinance violation.  Avoiding the criminal conviction made the client extremely happy.

Delivery of THC (3 Counts) - Dismissed

Although courts are not operating as usual because of the COVID pandemic, Chirafisi & Verhoff are still getting outstanding results for clients. 

Again, another precharge case which we were able to step in and assist the client in avoiding a criminal conviction.  Client is a young man from a great family.  He was charged with Delivery of THC, however, when learning some facts about the case, the client was asked by his friend to get him THC and based on their friendship, the client agreed.  That ultimately led to charges.  

We were able to show the DA what actually occurred and how the charges were unjust.  The DA ultimately agreed that the defendant's case should be dismissed and did so at the initial appearance.  Client was thrilled.  No conviction of any kind.

OWI 2nd-THC and .09- Amended to Reckless Driving

Although courts are not operating as usual because of the COVID pandemic, Chirafisi & Verhoff are still getting outstanding results for clients. 

Client was called in by a bartender who was leaving after close and noticed the vehicle running in the parking lot.  The client was behind the wheel, sleeping.  Bartender couldn't wake the client so she called the police.  Officers watched the video showing the client entering the parking lot and parking truck, never getting out and going inside the bar.  The worst fact of the case was it appeared that the client had urinated in his pants while sleeping in the truck.

There was an alleged refusal and a search warrant was issued for the client's blood.  The first challenge to the case was the warrant.  It was woefully lacking in probable cause.  Corey Chirafisi challenged the warrant and to his surprise, the government conceded the warrant was invalid.  They never raised the issue of the "good faith exception" so the court suppressed the test result.

That led to the government amending the case to reckless driving.  Client avoid jail, AODA and license revocation.

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.

OWI-Restricted Controlled Substance, Amended to Reckless Driving (Dane County)

This case involved a client initially stopped for speeding.  That speeding stop then turned into much more.  THC was found on her person and in the vehicle.  The client also admitted to smoking THC approximately 1 hour prior to the stop and her blood did contain Delta-9, the active ingredient in THC.  Our approach initially involved filing motions challenging probable cause for the arrest for OWI, based upon the client passing all of the field sobriety tests.  The real problem was the fact that the client admitted to recently smoking THC and the fact it was present in her blood.We litigated the case in municipal court, winning the restricted controlled substance charge, which was huge for the case.  We lost the OWI, but knew that on appeal, the prosecution would never be able to prove that charge. As the matter got closer to trial, the prosecutor offered to dismiss all the other tickets still remaining and amend the OWI to a charge of reckless driving.  The client was shocked a little, but realized how great of the result this was for her.

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.

Return of approximately $24,000.00 in cash and $100,000 in vehicles after 198lbs of THC suppressed

We posted about 6 months ago that we were able to assist a client in getting almost 200 lbs of THC suppressed when the Court found the warrant lacked probable cause.  That however did not end the story.

The government also seized approximately $24,000.00 in cash and multiple vehicles and ATV’s valued at approximately $100,000.00.  The government attempted to forfeit the vehicles as part of a drug forfeiture arguing that the money and vehicles were obtained from drug proceeds.

We, along with another firm representing a co-defendant, filed a Motion for Summary Judgment on the forfeiture arguing that because the items were suppressed in the criminal case, they could not be used in the civil forfeiture proceeding. 

The Court agreed.  The Court granted the clients motion for summary judgment and ordered all items returned to the client.

It was an absolute victory for the client in all ways.  Dismissal of criminal case and return of all property in forfeiture.

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.

Operating With a Restricted Controlled Substance 1st

Our client was pulled over for speeding.  The officer came up to the vehicle and stated that he could smell the odor of marijuana in the vehicle.  Our client made the mistake of informing the officer that he had just recently smoked and that there was THC in the vehicle. 

The officer searched the vehicle with the client’s permission and located enough THC to charge the client with a felony for Possession With Intent to Deliver as well as Operating With a Restricted Controlled Substance.  A blood draw was completed and the client did have Delta 9 (the active ingredient in THC) in his blood.  At that point, the government no longer needed to prove impairment.  These cases can become very difficult, especially for an inexperienced criminal defense attorney.  Luckily, the client hired Chirafisi & Verhoff.  

After pouring over the video and the reports in the case, we noticed that the client said he had smoked, but not specificially when.  Further, after reviewing the videotape of the field sobriety tests, it was clear that the client passed those tests and the officer lacked probable cause to arrest him for that offense.

We didn’t get to fight as much on the next part as we thought: before we filed the motion challenging the blood draw, the prosecution reached out and informed us that he was willing to amend the OWI-Restricted Controlled Substance to a Reckless Driving. 

The client was thrilled, as not only did the OWI charge disappear, but the drug charge was reduced and will be expunged from his record in 12 months.

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 Manufacturing/Maintaining Charges Dismissed in Rock County

What started as a seemingly benign "unlawful fishing" case rapidly turned into a multi-count, felony drug case for one recent Chirafisi & Verhoff client.  DNR wardens contacted the client on suspicion that he was illegally trapping and transporting minnows.  After contacting him, the wardens asked if they could go to his property to "have a look around."  The client felt pressure and consented.  Once on the property, authorities smelled the strong odor of marijuana coming from a shed.  They then obtained search warrants and located a marijuana grow operation.  After authorities took the client to jail, prosecutors charged him with two felony crimes, manufacturing THC and maintaining a drug trafficking dwelling.  The client was particularly concerned because a felony conviction would jeopardize his long-time job.  Through the course of negotiations, Attorney Verhoff was able to point out evidence to prosecutors to support his argument that while the client grew marijuana, he did so only for personal use to manage pain symptoms. Ultimately, Attorney Verhoff was able to convince the prosecution to dismiss the felony charges and allow the client to be convicted of low-level, misdemeanor possession of marijuana charges.

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.   

Manufacturing THC- All Evidence Suppressed- Case Dismissed- Dane County

Drug cases many times involve the execution of a search warrant for defendant's homes.  In this particular case, the client’s residence was searched with a signed warrant for an alleged marijuana grow operation.  That warrant was based on a confidential informant’s statement to law enforcement that the defendant was growing pot.  Law enforcement then went and reviewed electric bills for the defendant’s residence which showed electric usage rates which were almost double of other homes in the area.  Based on that information, law enforcement sought, and were granted by judge, a warrant to search the premises.

Once on the premises, law enforcement seized over 3,000 grams of marijuana, multiple marijuana plants and digital scales.  The defendant was charged with a felony that could have resulted in a felony conviction and possible prison sentence.

The defendant was referred to Chirafisi & Verhoff in an effort to try and find a way to beat the case. Once the attorneys reviewed the search warrants (there were 2 in this case) they found the weakness in the State's case.  The warrant contained information that was stale (the information was old and there was no way that it could be relied upon) and it also had information from a confidential informant which was useless and could not be considered reliable.

Chirafisi & Verhoff then filed a motion to suppress all the evidence obtained from the faulty search warrant.  After multiple briefs, and argument to the Court, the Judge agreed with our arguments and suppressed all the evidence.  The Government shortly thereafter dismissed the entire case.

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.” 

Two OWIs and one Operating with Restricted Controlled Substance-All Amended 12/16/13

First Case

Our client, who is an Illinois driver (OWIs can have extraordinary consequences on an Illinois license), was arrested up north in Langlade County for Operating While Intoxicated and Operating With a Prohibited Alcohol Concentration. 

Police were dispatched to a one vehicle car crash and upon arriving at the scene noticed that our client smelled of intoxicants.  Client indicated to the police that she was driving and swerved to miss a deer which made her lose control of the vehicle and put it in a ditch.  Client told the police that she had 5 drinks and she hadn't had anything to drink since the crash.

According to the police reports, the client failed the field sobriety tests she was given, and she was placed under arrest for OWI.  At the police station the client agreed to submit to an evidentiary chemical test of her breath and blew a 0.10. 

The lawyers at Chirafisi & Verhoff put their defense right out front--that the prosecution would not be able to establish time of operation, which could have an effect on whether the test result would become admissible.  The prosecution initially refused to move on the charge and the matter was set for trial.

However, shortly before the matter was set to proceed to trial, the prosecutor agreed to amend the charge to Reckless Driving.  For all clients, this type of an amendment is a big deal, but in this situation because the client was an Illinois driver, the stakes were even higher.  The client was thrilled, no OWI conviction and no revocation of her driving privileges.

Second Case

Our Client called Chirafisi & Verhoff because he was stopped for Operating While Intoxicated and he has a commercial driver’s license.

Our Client knew that his ability to continue to do his job for the next year required that he be diligent in this case and make sure he fought it every step of the way.  Our Client was stopped for speeding and the officer immediately noticed the tell-tale signs of intoxication: slurred speech, bloodshot eyes and difficulty with his balance.  Client was asked to step from vehicle and perform field sobriety tests.  Client was unable to complete the tests and admitted to the officer that he had been drinking.  Officer arrested him for Operating While Intoxicated and requested that the defendant submit to a blood test, which the client agreed to do.  The blood test result came back at 0.237.

The case was scheduled for trial in municipal court and as the trial began, the prosecution attempted to get evidence admitted at the trial.  Attorney Corey Chirafisi objected and the Court precluded the evidence from being admitted.  Seeing that his case was in real jeopardy, the prosecution offered this client a reckless driving ticket.  The amendment saved the clients license and his job.

Third Case

Our Client was stopped for speeding by local law enforcement.  After having a conversation with the client, the officer was going to issue him a warning and let him get on his way; but the officer then asked the client for permission to search his vehicle, which the client gave.  The officer found marijuana in the vehicle and asked the client when he last smoked marijuana.   The Client told the officer that he had smoked a short time before the stop and was then arrested and charged with Operating a Motor Vehicle With a Restricted Controlled Substance. 

Our Client’s blood was taken and it did show a detectable amount of Delta-9 THC in his system.  That is a strict liability offense, meaning that the government does not need to show impairment, all they need to show is that person drove or operated a vehicle while they had Delta 9 in their blood.

The lawyers at Chirafisi & Verhoff drafted a motion to suppress based on an illegal detention of the client.  Before the motion was even heard, the prosecution agreed that they had some problems with the case.  The prosecution offered our Client an inattentive driving in lieu of the Restricted Controlled Substance charge.  No conviction, no license suspension, client gets to get on with his life.