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.

Drug Case Reduced, Columbia County

After a traffic stop in Columbia County, authorities searched the vehicle and found marijuana and various drug paraphernalia. Our client was charged with misdemeanor offenses. After negotiations with prosecutors, our attorneys reached an agreement by which the criminal charges were reduced to non-criminal ordinance violations. Our client agreed to pay a small fine on the ordinance violations. Most importantly, our client was spared from having a criminal conviction, which was the most important outcome in the case for him.

Felony Possession with Intent Charge Gets Dismissal

A routine traffic stop for speeding turned into a felony drug case for one of our Dane County clients.  After the officer stopped our client, he observed a small amount of marijuana in an ashtray.  The officer searched the vehicle and located approximately 1.5 lbs of marijuana in the car, as well as a significant amount of cash.  The client was charged with possession of a controlled substance with the intent to deliver.  Attorney Verhoff reviewed the case and recognized it would be particularly challenging because the police had executed the search by-the-book.  As such, there was not a legal mechanism to challenge the evidence.  Instead, Attorney Verhoff went into mitigation mode in an attempt to work out the best deal possible for the client.  At first, the prosecutor and his immediate supervisor insisted that the client be convicted of the charge due to the significant weight of the seized drugs.  Undeterred, Attorney Verhoff spent several months negotiating with the prosecution in an attempt to show why this particular client deserved a second chance.  Ultimately, Attorney Verhoff was able to get the District Attorney's Office to agree to recommend a deferred prosecution, which means no formal conviction for our client and a dismissal of the charges.  This was particularly important because a conviction would have presented problems for the client in obtaining federal student loans.  

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.

Two More High-End OWI Clients Avoid Prison

It is not unusual for individuals charged with fifth-or-sixth-offense OWI offenses in Dane County to be sentenced to prison.  In two recent cases, Chirafisi & Verhoff clients had one goal in mind: to stay out of prison.  Fortunately, they each avoided that fate.  In the first case, Attorney Verhoff was able to convince the prosecutor that although the client was guilty of a sixth-offense OWI, she should recommend a probation sentence.  She agreed to do so, and the judge accepted the recommendation. 

The second case was a bit more dicey.  The facts were not in the client's favor.  He was convicted of using an inhalant and placed on probation.  The day after he was sentenced in that case, he was again arrested for using an inhalant -- this time after passing out in traffic while huffing.  The client originally had a different attorney on the case, but turned to Attorney Verhoff for help on advice from a friend.  Attorney Verhoff went to work tracking down certain records to see what defense could be mounted. Through negotiation, he was able to chip away at the prosecutor.  Ultimately, the prosecutor agreed to recommend an imposed and stayed sentence for probation.  At the plea and sentencing hearing, however, things started to look bleak. Although the prosecutor recommended probation, the judge, upset by the facts of the case informed the parties it was likely the recommendation would not be followed.  The judge allowed Attorney Verhoff to take a break to speak with the client to see if the client still wished to proceed, knowing it was likely he would be sent to prison.  As he walked from the courtroom, several other lawyers commented to him that the judge's comments were "brutal" and things "did not look good" for the client.  After speaking with the client and  resuming the hearing, Attorney Verhoff asked the judge for an opportunity to clarify some of the comments she made about the case and opinions she appeared to have formed.  He then vigorously argued why a probation sentence made more sense than a prison sentence.  By the time he finished the argument, the judge had changed her mind.  She agreed with Attorney Verhoff and indicated she would place the client on probation.  At the conclusion the prosecutor commented that Attorney Verhoff had "clearly changed the judge's mind" with his argument.  Another lawyer watching hearing said that Attorney Verhoff had "pulled his client out of the fire" and that he had "never seen a judge change their mind like that before."

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.

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.

Felony Drug Charge Dismissed, No Conviction in Dane County

In this case, our client did not immediately hire Chirafisi & Verhoff, but he and his family were grateful they ultimately did.  Local police contacted the client after the van he was driving broke down on the side of the road. Police responded to assist and claimed to smell the odor of marijuana coming from the vehicle.  Authorities conducted a search and located a variety of drugs, including psilocybin, Oxycodone, amphetamines, and synthetic marijuana. The District Attorney's Office filed multiple felony charges including drug possession and possession with intent to deliver.  The client's first lawyer told him the case looked grim, and he would likely be convicted of at least one felony and serve a considerable amount of time behind bars.  The client and his family wanted a second opinion. Based on a recommendation from someone who works in the Courthouse, the client contacted Attorney Verhoff.  He met with the client and his family, who were astonished when he told them his goal went beyond avoiding incarceration.  Attorney Verhoff believed he may be able  to get the client out of all criminal convictions.  After reviewing the case, Attorney Verhoff noticed some weaknesses.  He then met with the prosecutor and pointed out the flaws.  He also gave the prosecutor with valuable insight about the client.  At the conclusion of negotiations with Attorney Verhoff, the prosecutor made a settlement offer that the client could not refuse: the ADA agreed to dismiss all felony charges.  The prosecutor then agreed to have the client plead to two misdemeanor possession charges with a promise that upon the client's successful completion of a deferred prosecution agreement, the remaining misdemeanor charges would also be dismissed.  Needless to say, the client, and his parents, were pleased they decided to hire Chirafisi & Verhoff.   

Felony Methamphetamine Charge Dismissed in Rock County

Our client was stopped for a traffic violation in Rock County, which resulted in his arrest for drug possession.  Prosecutors charged him with felony possession of methamphetamine, possession of marijuana, and possession of drug paraphernalia.  A professional businessman with a successful career and family, the client was understandably concerned.  As the preliminary hearing approached, Attorney Verhoff attempted to convince the prosecutor that the pills suspected to be methamphetamine were not, despite a presumptive positive test result.  Due to witness unavailability, the preliminary hearing had to be adjourned multiple times.  Attorney Verhoff used this to the client's advantage and continued to press the issue regarding the felony charge. Ultimately, the prosecutor agreed to dismiss the felony charge.  But there was still more work to be done.  As an out -of-state resident, any sentence imposed on a misdemeanor conviction would lead to complications for the client.  Transfer of probation was a poor option, and one that was not guaranteed.  Jail time would cost the client his job.  Through a series of efforts, our attorney was able to secure a resolution that worked for the client.  He agreed to be convicted of a simple possession of marijuana and pay a small fine.

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 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.

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.

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.   

Drug Charges Avoided Dane County

While investigating an unrelated incident, police approached our client and questioned him. Authorities determined he was not involved in their investigation, but they asked to search his backpack.  He agreed, and law enforcement located "whippits" (cartridges filed with nitrous oxide, often used as a recreational drug).  Police arrested our client and sent the case to the District Attorney's Office, asking that he be charged criminally with possessing a hazardous substance.  Our lawyers became involved in the matter before the prosecutors reached a charging decisions.  Attorney Verhoff worked out an agreement for an uncharged deferral.  Essentially, our client will be required to comply with an AODA, perform some community service, and stay out of trouble for several months.  Assuming the client meets these goals, the District Attorney's Office will not file charges against him.

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.

Dane County Felony Drug Case to be Dismissed

A felony charge of possession with intent to deliver approximately five pounds of marijuana will be dismissed against one of Chirafisi and Verhoff’s clients.  The client was arrested after the United States Postal Service became suspicious that the client was having marijuana shipped through the mail from a different state.  Law enforcement set up a sting operation and recovered approximately five pounds of marijuana that had been mailed to our client.  In an agreement with the prosecution, our Attorneys worked out a deal by which our client will participate in a deferred prosecution program.  At the conclusion of that program, the charge against our client will be dismissed.