Our client, a student at UW-Madison, was arrested after a night of drinking in which he got into a fight outside of a bar. Madison police took our client into custody because the person with whom he fought ended up with a broken nose (a potential felony charge). While processing him at the jail, authorities discovered a small amount of cocaine in our client’s pocket. Our lawyers spoke with prosecutors before formal charges were filed, and they agreed not to charge a felony assault. Instead, our client was charged with misdemeanor battery and possession of cocaine. Our lawyers then worked out an agreement in which our client will participate in a deferred prosecution program. Once he completes the program, the case will be dismissed.
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.”
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.
Felony synthetic pot charges - all charges to be dropped
Our client was charged with selling synthetic pot in Sauk County. The defendant faced one felony charge of possession with intent to distribute a hazardous substance. This charge carries a maximum imprisonment of three years and six months. Attorney Tim Verhoff successfully negotiated with the Prosecution for a deferred prosecution agreement of 18 months, at which point all charges against our client will be dropped.
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.