In this case, the client was with his wife at a bar in downtown Madison. An employee at the bar flagged down a member of the Capitol Police Department and reported a disturbance between them. The client was arrested and charged with domestic disorderly conduct. After our attorney reviewed the police reports and discussed the inconsistent witness statements with the District Attorney, the prosecution agreed to amend the criminal charge to a non-criminal violation that is legally equivalent to a parking citation. For penalty, the judge did not even impose a fine, but simply imposed court costs.
No Charges In Theft Case
In this case, Dane County law enforcement sought multiple criminal charges against our client after he was alleged to have gone through mailboxes in his neighborhood, removing mail, stealing money, and cashing a check. In speaking with the client and his parents, it was clear the client suffered from significant mental health issues that contributed to the conduct. Attorney Tim Verhoff was able to contact the prosecutor who was reviewing the case for charges. She informed him that she planned to file nearly a dozen criminal counts against him. However, Attorney Verhoff provided the prosecutor with documentation regarding the client's mental health issues. In a calculated move, he also agreed to have the client make a statement about the incident. The move paid off, as the prosecutor agreed not to file formal charges against the client. Instead, she agreed to have him participate in a deferred prosecution program. Assuming the client successfully completes the program, he will never be formally charged in the criminal justice system. This was a wholly appropriate outcome under the circumstances.
OWI Reduced to Reckless Driving
A Madison police officer stopped our client for speeding late one evening. Upon contact with the client, the officer suspected he was impaired because the client handed the officer a credit card, rather than his driver's license. The officer also smelled an odor of intoxicants, and the client admitted to consuming alcohol. The officer put our client through field sobriety tests. Although the client performed well, the officer had enough evidence to arrest him for OWI. The prosecution initially offered the client a settlement agreement to dismiss the speeding citation if the client entered a guilty plea to the OWI charge. Attorney Tim Verhoff reviewed the reports and the video evidence. He met with the prosecution, and pointed out all of the problems he believed the city attorney would have in proving the OWI case. Prior to trial, the prosecutor made a new offer. This time, the city attorney agreed to dismiss the speeding ticket and reduce the OWI to a charge of reckless driving, provided the client agreed to a 30-day license suspension. Wanting to avoid a possible OWI conviction, the client gladly accepted the offer.
Criminal OWI-2nd, RSC-2nd Amended to Civil Citation
In this Dane County case, our client was charged with OWI-2nd Offense and Operating with a Restricted Controlled Substance-2nd Offense after the Madison Police Department arrested him following a traffic accident. Police were called to the report of a driver stuck in a snowbank. Upon arrival, officers located the client and smelled the odor of marijuana, though the client denied smoking. He agreed to submit to standardized field sobriety tests, after which authorities arrested him and transported him to the hospital for a blood draw. The blood test results showed the presence of delta-9 THC in the client's system. Although the narrative police reports stated the client agreed to take a blood test, Attorney Tim Verhoff watched the video evidence, which revealed the client had actually agreed to a urine test, not a blood test. Our attorney then filed a motion to exclude the test results, arguing the test results were unlawfully obtained because the client never actually consented to a blood draw. Attorney Verhoff also told the prosecutor that even if the judge allowed the evidence, the District Attorney would have difficulty proving the client smoked marijuana before driving, rather than smoking it after he got stuck in the snowbank and while he was waiting for a friend to come assist him. The judge scheduled a hearing on our motion. Prior to the hearing, the prosecutor agreed that he had trouble with the case and offered to resolve the matter by amending the OWI to a non-criminal traffic ticket for reckless driving and dismissing the RCS charge.
2nd-Degree Sexaul Assault Dismissed
The Dane County District Attorney's Office filed a felony charge of second-degree sexual assault against our client, alleging he inappropriately fondled a woman who was serving as a family babysitter. The client was referred to our firm by a different lawyer in the Madison area. During the initial consultation, the client's family members informed our lawyers that the client was suffering from serious medical problems involving his brain. These medical issues could have played a part in any alleged conduct if true. After multiple meetings, however, it became clear to Attorney Tim Verhoff that due to his medical issues, the client was not able to assist in his own defense. In short, the client lacked the ability to form short-term memories. Prior to the preliminary hearing, our lawyer raised the issue of competency to the judge. The assigned prosecutor initially was skeptical. However, the judge ordered an evaluation by a government doctor. After the evaluation, the doctor agreed with our attorney's hunch that the client was not competent to proceed in the case. Still skeptical, the prosecutor asked the court to suspend proceedings and an order for a second evaluation to be completed. The second evaluation produced the same results. Pursuant to a reasonable degree of medical certainty, the client was not competent and was not likely to regain competency due to his brain condition. Given the circumstances, the prosecutor agreed to dismiss the charge against our client. Although the client's mother remains devastated by her son's medical condition and prognosis, she was appreciative that we immediately recognized the legal problem and obtained the appropriate outcome as quickly as possible.
Felony Injury to Cop Dismissed at Preliminary Hearing
Prosecutors in Dane County charged our client with a felony count of causing soft-tissue injury to a law enforcement officer in relation to the client's arrest following a disturbance at a local casino. At the preliminary hearing, the District Attorney argued the mere fact that one of the officers sought medical attention for a knee injury after the incident was sufficient to establish probable cause. During the hearing, Attorney Tim Verhoff was able to get the judge to order the prosecutor to allow him to review the officer's medical records. Those records revealed the officer suffered a slight scrape to the knee. But the records showed no internal injuries or injuries to the skin that would require stitches, staples, or tissue adhesive. Our attorney argued that the injury the officer suffered did not meet the legal standard of the soft-tissue injury contemplated under the law. The judge agreed, dismissing the felony count against our client.
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.
Party To A Crime Possession of 72 Grams of Cocaine - Charges Dismissed (Dane County)
The first case involves a client who was a passenger in a vehicle stopped for a traffic violation. In the course of that stop, officers located 72 grams of cocaine in the vehicle and $3,800 in cash in the clients purse.
Now, to be fair, the driver of the vehicle said that the cocaine belonged to him, which is helpful. The client told the police that the driver asked her to hold $4,000 in cash which was located in her purse, which is not helpful. The State then made a decision to run DNA tests on the baggy in which the drugs were located and the scale located in the vehicle. The portions of the scale had a positive DNA match for only one person in the vehicle, our client.
So, now we had a client as a passenger in a vehicle with 72 grams of cocaine, holding $4000.00 for the driver and her DNA on the scale used to weigh the drugs. Seems like a good party to the crime case for the state.
The State moved to dismiss the case against the client. No cooperation, no amendment. Just a straight dismissal.
OWI/PAC 2nd (.20) Complete dismissal
This case came out of Dane County. Client was arrested after traveling to a friends residence, breath test result was .20. However, this case was full of really good issues for us to work with. First, the police could not establish the exact time the client arrived at the location he was arrested. That was very important as the state could not establish the test result was taken with the required 3 hour window. Further, and more importantly, the client repeatedly told the police that he had consumed alcohol after arriving at the location. Our investigator was able to track down the liquor store the client bought the alcohol at, which also had a specific time of the purchase. The time on the receipt made it likely that the client consumed the alcohol after arriving at the residence.
On the morning of trial, the state moved to dismiss the case in its entirety.
First Degree Recklessly Endangering Safety - Dismissed 3 days before trial
This case involved a client of ours who was referred from a family member. The client had gotten into an altercation at his residence which led to him stabbing someone in the stomach with a knife.
The client was arrested and charged with First Degree Recklessly Endangering Safety. Once we got the discovery, we noticed huge holes in the case. At the time of the incident, approximately five (5) other people were present in the residence. We learned that police made zero effort to speak to anyone other than the complaining witness and the client. So, we had our investigator locate the witnesses to the stabbing who provided statements which helped the case. We also filed a jury instruction on the "castle doctrine" which was front and center in the case.
The best part about the case was the state offered a disorderly conduct charge, a huge reduction from the original charge. We went back to the DA and rejected that offer. To his credit, the DA knew the difficulties with the case and only 3 days before trial, he dismissed the entire case.
Sexual Assault Case Declined
In this matter, the client hired our office after members of Dane County law enforcement contacted him to question him about an allegation of sexual assault. Our attorney spoke with the detective and ultimately the prosecutor when the case was referred to the District Attorney's Office for potential charges. Through this process, our attorney was able to provide information to the DA about the client, the complaining witness, and factual details before the prosecutor ever set eyes on the police reports. The information we provided was not otherwise included in the reports from law enforcement. With this additional information in mind, the prosecution agreed not to file a criminal charge against our client. Although the process took several months and was stressful for our client and his family, he appreciated having someone in his corner fighting for him every step of the way.
NEW YEAR STARTS WITH OWI WIN
Our office marked the start of 2020 with another great win for a Chirafisi & Verhoff client. The Brooklyn Police Department arrested our client and charged her with OWI and PAC violations. Prior to trial, Attorney Tim Verhoff met with the prosecutor. He pointed out multiple problems she would have at trial, as well as a possible suppression issue. Despite a 0.10 blood result for the client, our lawyer was able to get the prosecutor to dismiss the OWI citation outright and amend the PAC charge to a citation for reckless driving.
OWI 1st (PAC .15) - Amended to Reckless Driving
As the year comes to an end, 2 more outstanding results for clients. The first case involves a Dane County OWI/PAC charge with a breath test result of .15. Client was stopped because the officer believed she was sleeping at a stop light. As the officer turned around to make contact with the client, she moved her vehicle. The officer stopped her, smelled the order of intoxicants and he was off and running.
Officer reported that the client failed the three field sobriety tests offered to her and ultimately submitted to a breath test which registered a .15. The prosecution certainly believed they had a strong case.
However, the video of the incident showed a completely different story then told by the officer. Although the video was lengthy, it contained information which ultimately lead to the amendment of the charge. During the interaction, the client had a question about the alternative test, the officer then provided her incorrect information regarding that test. Once that was discovered, it was the beginning of the end. We filed a motion to suppress the test result based on the improper information provided to the client. Before the motion hearing even began, the prosecutor offered to amend the ticket for costs, no fine was included.
Honestly, one of the happiest clients we can remember.
Felony Domestic Battery Dismissed
Our client was arrested and charged in Dane County Circuit Court with a felony, substantial battery and misdemeanor disorderly conduct after an altercation with his estranged wife. Attorney Tim Verhoff reviewed the facts and was confident the prosecution could not prove the felony charge. At the preliminary hearing, Attorney Verhoff challenged the felony, arguing that the evidence did not support it. The felony battery charge was reduced to a misdemeanor. The prosecutor later proposed a plea agreement, but demanded the defendant to plead to the battery. Our attorney advised the client to reject the offer, as he did not believe the prosecution could prove a misdemeanor battery charge under the facts alleged. At the final hearing before trial, the prosecution folded. The District Attorney's Offered an agreement to dismiss the battery if the client would agree to plead to the disorderly conduct. Under the terms of the agreement, the judge did not convict the client of the misdemeanor. Instead, the disorderly conduct charge also will be dismissed upon the client's completion of a deferred prosecution program.
Criminal Hit and Run Reduced to Non-Criminal Citation
Our client, a 77-year old gentleman, was involved in a car accident with another vehicle. After the accident, he got out of his car to make sure the other driver was not injured, but then left the scene without exchanging any information. He was later arrested and charged with a criminal offense for leaving the scene of an accident. At the final court hearing before trial, our attorney convinced the prosecutor in Dane County to amend the case from a criminal charge to a non-criminal, zero point traffic violation. Even better, the prosecutor agreed to no penalty, except the statutorily required court costs. The client, who was petrified to attend the court hearing, was overwhelmed by the outcome.
DOMESTIC BATTERY, CRIMINAL DAMAGE AND DC WHILE ARMED DISMISSED
In this Dane County case, the client's mother contacted our office after she learned criminal charges had been filed against her adult son. In speaking with the mother, our attorney learned her son had significant cognitive issues. The charges, which stemmed from an incident between the client and his mother, were considered domestic in nature. Based on the information our attorney received, it appeared the client likely was not competent to stand trial, or if competent, he was likely not guilty by reason of mental disease or defect (NGI), as the behavior was directly related to his cognitive issues. Prior to the initial appearance in the case, Attorney Verhoff met with supervisors at the Dane County District Attorney's Office. He provided documentation to the prosecution about the client, as well as additional background regarding the incident. After considering the information our attorney provided, prosecutors agreed to dismiss all charges against the client at the initial hearing. This case is another good example in which the prosecution doesn't always have all the necessary information when making a charging decision. Hiring an attorney early in the process can be instrumental in the ultimate outcome and spare folks months of anxiety associated with being the subject of a criminal prosecution or the family member of a person being prosecuted.
Dane County Boating OWI, PAC at 0.21 Amended
In this case, our client's neighbor, a longtime member of area law enforcement, recommended he hire Attorney Tim Verhoff to assist him. The client originally was not planning on contesting his case due to his high test level, but decided to do so after he learned a conviction for boating OWI could pose problems for his travels to Canada. Attorney Verhoff reviewed the police reports and saw that law enforcement contacted the client after he had docked his boat. Although the client admitted to authorities that he had consumed alcohol and operated a boat, they failed to determine exactly when he had been out on the lake. Prior to trial, Attorney Verhoff met with the prosecution. He explained that they could likely show the client was impaired when law enforcement contacted him; however, proving the client was impaired when he operated the boat was a different story. Recognizing this problem, the prosecution agreed to dismiss the PAC outright and amend the OWI to a non-alcohol related boating offense for a minimal forfeiture.
August ends with three complete acquittals at trial and one dismissal before trial
August was a busy trial month for Corey Chirafisi. He tried 3 OWI cases to verdict. Each client was acquitted of their charges here are some facts of each:
August 1st- OWI1st/Refusal- Monroe County
This client was a Florida resident who was in Wisconsin working for her company. She is a heavy equipment operator and could not have a OWI conviction on her record. She had initially hired another lawyer to assist her, but when things weren't going the way she hoped, she contacted Chirafisi & Verhoff who took over the case.
The stop was for failing to have her headlights on and making an illegal U-Turn. She told the police she was "the least drunk" in the vehicle and ultimately refused to submit to a chemical test of her breath.
The case proceeded to trial with Attorney Corey Chirafisi representing the client. Because there was a refusal attached to the case, the Court decided the refusal with the jury deciding the OWI charge. The officer testified and had some difficulty on cross examination regarding field sobriety tests. He also mentioned that he was incorrect in his suspicions of impaired drivers more than he was correct. That didn't help them either. The client testified wonderfully explaining her thought process on the refusal and why she did what she did.
The jury was out around 50 minutes before finding the client not guilty of the OWI charge. In reference to the refusal, the government elected not to proceed on the refusal after the verdict.
Client was able to keep her job. We are very happy for her.
August 6th- OWI 2nd/ Grant County
Five days after the first acquittal of the month, Corey Chirafisi was back in trial on an OWI 2nd. The best part of this case was the court had earlier made a determination that the test result (.14) was to be suppressed based on a violation of the Informing the Accused form. The State made a decision to move forward with the case, even though they were doing so without a test result.
The driving was good. The basis of the stop was a burnt out taillight. The state tried to make out their case based on the client's performance on the field sobriety tests. It didn't work.
Jury was out 10 minutes and returned a not guilty verdict.
August 23rd-OWI/PAC (.14) Dane County
The third and final trial was a OWI with a .14 test result. Corey Chirafisi also tried this case. The client was pulled off the road, her drivers side tires were on the fog line, the car was running and the client was sleeping. When the officer made contact with her she immediately put the car in drive, then reverse and had some difficulty explaining where she was coming from. The case proceeded to trial with Corey Chirafisi initially getting the Court to throw the test result out because there was no indication as to time the client was on the roadway. The Court reversed its decision and allowed the jury to hear the test result of .14.
Attorney Chirafisi was able to argue that the client had made the right decision to get off the road. That her good decision was going to be punished by the state and that was contrary to what we expect our drivers to do. The client had a CDL which made the case that much more important for the client.
The jury was out for 45 minutes and found the client not guilty of both citations. Her job was saved.
Attorney Chirafisi also handled an OWI 1st with a test result of .08 this month. After some discussion of the matter, the prosecution agreed to dismiss the case outright. No amendment, no classes, nothing. Just a straight dismissal.
Not every month ends with three jury acquittals, but we are very happy that the clients had the confidence in our firm to handle these important cases for them. They are all good people who are able to get back to their lives with no problems from these cases.
OWI/PAC (.14) - Not Guilty (Dane County)
The third and final trial of August was a OWI with a .14 test result. Corey Chirafisi also tried this case. The client was pulled off the road, her drivers side tires were on the fog line, the car was running and the client was sleeping. When the officer made contact with her she immediately put the car in drive, then reverse and had some difficulty explaining where she was coming from. The case proceeded to trial with Corey Chirafisi initially getting the Court to throw the test result out because there was no indication as to time the client was on the roadway. The Court reversed its decision and allowed the jury to hear the test result of .14.
Attorney Chirafisi was able to argue that the client had made the right decision to get off the road. That her good decision was going to be punished by the state and that was contrary to what we expect our drivers to do. The client had a CDL which made the case that much more important for the client.
The jury was out for 45 minutes and found the client not guilty of both citations. Her job was saved.
Domestic Charges Dismissed, Dane County
Law enforcement arrested our client after he had an argument with his wife during which he was alleged to have damaged property in the residence. Although his wife did not want the client prosecuted, he was taken to jail. Prosecutors charged him with domestic disorderly conduct and criminal damage to property. Between the time of the arraignment and the final conference, the client took our lawyer's advice and enrolled in counseling. At the last hearing before trial, Attorney Tim Verhoff was able to convince the prosecution, who originally wanted the client to plead to the criminal charges, to dismiss the case outright. Both the client and his wife were extremely satisfied with the outcome.