9 Counts in 2 Criminal Complaints Dismissed. Minimum Mandatory 25 year sentence - Dane County- Over 240 years of possible imprisonment dismissed

We have been saying for some time that our results are uncommon. No case we have handled better illustrates that fact than this one.

Client was charged in a case which gained attention based on his job, a teacher at a middle school.

He was initially charged in a 4 count complaint with among other things, first degree sexual assault of one of his students.

Almost 2 years later the child accused the client and his roommate of sexual assault, adding 5 additional counts to the charges. The new charges added a twist, the allegations triggered a minimum mandatory sentence of 25 years to two counts. Meaning if the client was convicted he would have to serve 25 years in prison before the possibility of release.

We filed a motion to dismiss the case because the police destroyed an interview with the child where the child denied he had ever been assaulted in any way. We also dug in and did the “hard shit” getting experts to go through forensic evidence. That evidence established the child was clearly lying about the allegations. We presented that evidence to the DA, along with our motion to dismiss.

Prior to the hearing, which has been a staple in our cases lately, the DA simply moved to dismiss all charges. It is the 3rd case in a row, handled by Corey Chirafisi that the hearing never actually took place, instead the government simply dismissed the charges.

We believe that these results are better than other firms. We are happy to put these results up against any other firm.

The client can try to piece his life back together after 2 long years. We are thrilled to be a small part of that process.

OWI 4th - amended to OWI 1st Offense - Clark County

We have mentioned the value of collaterally attacking a prior conviction. We make an effort to do that whenever we can. In this case, the client was charged with a felony level OWI. THe case wasn't particularly strong on the facts, however, the client had 2 uncounseled prior convictions. We were able to locate the information on those prior charges and challenged the prior convictions in circuit court. After the hearing, the state conceded that they could not defend the prior convictions and agreed to amend the charge to a 1st offense.

Instead of a felony level convictions, client received a fine of $150 and was not convicted of any crime.

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 OWI 4th, PAC .25 - Case dismissed at preliminary hearing

We are strong believers in doing preliminary hearings, unless the state gives the client a reason to waive the hearing. In this case, Dane County has a "policy" of not making offers at prelims, that policy ran into our "policy" of not being a doormat for the government.

The state attempted to introduce the test result, something which would have clearly gotten bindover, however, Attorney Chirafisi objected as there was no information the test was taken within 3 hours of driving. Court would not allow the test result to be admitted.

The State attempted to establish driving but didn't know the law on what constituted "operation" under the drunk driving laws. Attorney Chirafisi successfully argued to the court that operation was never established and the court dismissed the felony OWI.

The other part of this case which will be important moving forward is, the client has 2 other pending OWI charges. This case would have subjected him to a presumptive prison sentence. Not anymore. Client was beyond happy with the result.

OWI 1st/PAC .21 (Dane County) All Evidence Suppressed, Charges Dismissed

The great results keep on coming. This case was an OWI with a high test result (over .20). The case had an interesting fact pattern. The client was stopped in downtown Madison at approximately 11:00 p.m. by an officer because the officer believed that she smelled the odor of marijuana coming from the client's vehicle. The officer stated she followed the vehicle for blocks and the odor did not dissipate while she was following the client. Ultimately, she pulled the client over and he was arrested for Operating While Intoxicated.

Attorney Chirafisi filed a motion challenging the stop of the vehicle. The court indicated that the initial impressions was the officer did have a reason to stop the client's car. After the cross examination of the officer, the court indicated the officer's report did not match the video of the incident and the court suppressed all the evidence related to the case. The DA then moved to dismiss the case.

Can't do better than that. Great outcome for a really good client.

3 More Cases Dismissed

In the last 10 days, Chirafisi & Verhoff has had 3 outcomes in cases which are worthy of mentioning. 2 OWI cases and a possible sexual assault charge. Each client walked away with no record of any kind.

Case No. 1- OWI 1st/BAC .12- Case dismissed by prosecutor.

The client was stopped because he was squealing his tires in downtown Prairie du Chien at bar time. A police officer was patrolling downtown and observed the violation, pulling the client over. What flipped the case was the video (as it is many times). On the video, after placing the client under arrest, the officer began to speak to him regarding possible penalties if he either agreed to, or refused the blood test. The problem was the information the officer provided was incorrect. Attorney Corey Chirafisi filed a motion to suppress the test result and the prosecutor simply conceded the argument and informed the court that he was dismissing the matter. No amendment, just a complete dismissal.

Case No. 2- precharge on possible charges of Intercourse with an Unconscious person- Dane County.

As we have mentioned many times in the past, we do quite a bit of pre-charge representation. If a client believes charges may be forthcoming, we get involved and usually can help with the case right from the start. In this case, the client believed that he might be charged for a consensual encounter with a woman the evening before. She had filed a restraining order against the client. We handled that matter, got it dismissed. Then the police came calling. Obviously, the client made no statements and he did comply with a DNA test. After approximately 8 months, law enforcement called and informed Attorney Corey Chirafisi that they were not going to forward charges to the DA, they did not believe they could prove the case. Client was able to avoid any charges and the restraining order was denied.

Case No. 3- OWI 2nd/BAC .258

This is a follow up from an early post where Corey Chirafisi was able to convince the trial court to throw out the clients blood alcohol concentration test of a .258. However, the driving in the case was terrible. The video, which usually helps, was very bad for the client. He was slurring his words, couldn't follow directions and just looked drunk. The case was amended from an OWI to Negligent Operation of a Vehicle. That is great, the client was able to get out of an OWI. What was better was at the end of the hearing, the court expunged the charge of Negligent Operation. No record of any kind. Result could not have been better.

Court Lacks Jurisdiction, Upholds Win for Client

We won't quit. Nor should you. This is a follow-up to a recent post about an OWI/PAC case that both of our attorneys have been working on for several months. The defendant initially was charged in municipal court with OWI and PAC. After a court trial, the municipal judge found the client guilty of the OWI but dismissed the PAC charge. When we appealed the OWI case to circuit court to seek a jury trial, we learned the municipal judge attempted to reinstate the PAC charge on his own.

We did not believe the municipal court had the authority to simply reinstate the PAC charge, and we moved the circuit court to dismiss the PAC case, making an argument that the municipal judge never actually found our client guilty of the PAC charge. Over the objection of the prosecutor, the circuit court agreed and dismissed the PAC charge.

Despite the ruling in circuit court, the prosecutor then sought to revive the PAC charge in municipal court, where the case was again scheduled for a hearing. At the hearing, we objected to the municipal court even hearing the prosecution's new motion, arguing the municipal court lost jurisdiction once the case was removed to circuit court. As such, we argued the municipal judge was now bound by the circuit court's decision. This time, the municipal judge agreed and concluded the prosecutor was not entitled to a hearing on the matter, meaning the client can never be convicted of the PAC charge originally filed against her.

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.

OWI-4th Amended from Felony to Misdemeanor

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.

Tuesday - We had a hearing waiting for a decision from the judge to determine whether or not to grant the client's motion for a collateral attack on one of her prior convictions. It was an extremely important motion as the client was charged with an OWI 4th offense. If successful, the charge would not only be amended from a felony to a misdemeanor, it will also change the client's legal alcohol concentration from .02 to .08. That mattered in this case, as the client had a blood alcohol level of .07, which would have put her under the legal limit. The morning of the judge's decision the prosecutor called and admitted that they could not defend the collateral attack and amended the charge to a 3rd offense. Client is now not going to be a felon and goes into the trial, under the legal limit. Good day.

OWI/PAC 1st- Appeal from Municipal Court- PAC charge thrown out by Court

The moral of this story is don't get pushed around. We had a case in municipal court, the defendant was charged with OWI, PAC and another traffic citation. A trial was held on those citations at which time the judge found the client guilty of the OWI and traffic citation and dismissed the PAC charge.

As we were preparing to appeal the case to the circuit court, the municipal court judge was informed of our decision and on his own motion decided to try and reinstate the PAC charge.

We did not believe the court had the authority to just reinstate the charges, so we moved the circuit court to dismiss the PAC charge on the grounds that the court never expressly found the client guilty of the charge.

Of course, the prosecution objected and after written and oral arguments to the court, the circuit court judge agreed with our position and dismissed the PAC charge.

Do the work. Follow through. Those are things we strongly believe in at this firm. That is the reason we get the results we do.

Forgery/Uttering Dane County-Case Dismissed at Preliminary Hearing

In our opinion, lawyers today waive preliminary hearings far too often. We believe those hearings can be an essential piece to setting up a client's defense, and in some cases, getting the case dismissed.

Client was charged with forging his ex-wife's signature on family court documents which were then presented to the family court commissioner. To make the matter more interesting, the client's own lawyer told police investigators that the document containing the alleged forgery was provided to her by the client.

Attorney Corey Chirafisi believed two things; first, the way the state had charged the case would prevent the state from being able to establish each element of the charge and second, the statement made by the lawyer had to be excluded.

At the preliminary hearing Attorney Chirafisi objected to any statements made by the client's family lawyer on the grounds of attorney-client privilege. The court ultimately granted that objection and precluded the state from introducing any of those statements.

Then Attorney Chirafisi pointed out how the state could not meet one of the elements of the charge. The court ordered the matter to be briefed by the parties. After briefing was complete, the court agreed that the facts did not support the felony charge of forgery and the case was dismissed.

Having preliminary hearings doesn't happen with many law firms, we think that in some situations, they are invaluable. This case showed just how valuable they can be.

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.

OWI/PAC 4th offense- amended to Obstructing for a Fine

This case had enormous possible consequences for the client.  A 4th offense is not only a felony, this case would have required the client lose his driver's license for a minimum of 10 years.  

He was stopped for not wearing his seatbelt and having snow covering his license plate, making it unreadable. 

Because it was a 4th offense, the client's prohibited alcohol concentration was a .02.

The officer believed the client failed field sobriety tests and placed him under arrest.  The client's blood was drawn and he was over the legal limit at a .03.

After back and forth negotiating with the prosecutor, an agreement was reached where the client would enter a plea to a misdemeanor and pay a $200.00 fine.  No jail, no felony and no loss of driver's license.

OWI 2nd offense-PAC- amended to Reckless Driving

A 911 call was placed by a bartender to the police for a "passed out" man in his vehicle in the parking lot of the bar.  The vehicle was running and the bartender could not wake the man.  Police arrived and the OWI investigation started.  The bad facts; the client had urinated in his pants (which the cops were able to see), the vehicle was running and the client was unable to successfully complete field sobriety tests.  

His test result was over the legal limit at a .09.  

After reviewing the case, we were able to challenge the blood test.  The state conceded our motion on the blood and the court suppressed the test result.

The case was still not over as the state had good evidence of impairment.  The case was resolved for a reckless driving ticket with a fine.  No jail time, no criminal conviction.  Client was very happy.

OWI 4th/PAC- Felony Charge Amended

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

The client was over the legal limit for him, which is a .02, but under the legal limit of .08.  After back and forth with the DA on the case, the prosecution agreed to amend the charge to misdemeanor Negligent Operation Off Roadway.  The big get for the client in this case was he saved his license for life.  A conviction on the OWI would have led to a lifetime revocation with the possibility of an occupational after 10 years, that is no longer a concern.  No felony conviction, no jail time and no loss of license.

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.

Second Degree Sexual Assault- Precharge Diversion Agreement Entered Into

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

We do quite a bit of "precharge" cases.  Those are cases where charges haven't been filed, but very likely will be.  Getting a lawyer to gather evidence and work on the case before charges can be filed are incredibly helpful, as this client found out.

Client was referred to Corey Chirafisi regarding 2 counts of sexual assault.  Both counts would have been charged as 2nd degree Sexual Assault.  They would have required lifetime sex offender registration and potentially prison time.  We worked with the DA's office on the case and ultimately resolved all charges with an uncharged deferred prosecution agreement.  The client did not have to plead to any charges and was never convicted of anything.  If he completes the terms of the agreement, the possibility of charges are gone forever.  The great part of the agreement for the client is that if something goes wrong with the agreement, he has the opportunity to fight the case on its merits.

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.

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.