In this case, the client was arrested in a sting operation involving the solicitation of a 14-year-old girl online for sex. The client was originally charged with three felony offenses, one of which included a mandatory minimum of five-years in prison. Attorney Verhoff realized the prosecution would be able to prove the case if there was a trial. As such, he immediately went about finding ways to convince the district attorney to dismiss the charge with the mandatory minimum sentence. Ultimately, he was successful. The client then entered a plea to the remaining charges and the parties argued to the judge what appropriate sentence should be. Although the government presented an argument that included a significant period of incarceration, Attorney Verhoff argued that under the totality of the circumstances, a probationary outcome was appropriate and no amount of incarceration was necessary. The judge agreed. Although the client was convicted of a felony crime in this case, he was very relieved he was not sent to prison, nor was he ordered to spend any time in jail.
Sexual Assault Case Dismissed, Felony Declined
The Madison Police Department arrested our client after he attended a local house party and allegedly groped two female attendees. He was also alleged to have punched a party goer, though it was in reaction to being hit by someone else. At the time of the client's arrest, the officer also claimed the client resisted and caused an injury to the officer, which is a felony offense.
Upon advice of a judge, the client's family contacted our office for help. Attorney Verhoff went to work before charges were filed, providing the prosecution background on the client as well as the incident. After speaking with Attorney Verhoff, the prosecution agreed to file no felony charges. However, the client was charged with two counts of misdemeanor sexual assault, misdemeanor battery, and misdemeanor resisting. The case was assigned to a different prosecutor in the office to handle for purposes of trial. Through negotiations, Attorney Verhoff was able to explain the significant impact the arrest and prosecution had on the client. He argued the client was young with no record, and continued prosecution in the justice system was not needed. After listening to Attorney Verhoff's arguments, the prosecutor agreed and dismissed all charges.
Three Separate Cases, Two Felonies, Declined
Three recent cases all share a common theme. The clients did not wait to be charged, but hired our office to assist before charges were issued. And that decision lead to no criminal charges being filed.
In the first case, a misdemeanor domestic situation, the client was arrested for disorderly conduct. He hired Attorney Verhoff on the advice of a different, local lawyer. The client was particularly concerned about the criminal allegations due to an ongoing child-custody dispute. Attorney Verhoff immediately contacted the prosecutor to share information about his client's version of events. He also informed the prosecutor that he had in his possession an audio recording that revealed the "victim" kicked and hit the client during the altercation. Once the prosecutor learned of this information, he decided to decline charges. After notifying him the case would not be charged, the client responded, "Thank you so much Tim. I couldn't be more pleased with the outcome. I hope to never require your services again however if I do, I know exactly where I'll be going."
In case two, the client was arrested for on a felony charge of false imprisonment and disorderly conduct. The client's boyfriend, who was the "victim" in the case, contacted our office for assistance. Authorities arrested the client after she and her boyfriend had a dispute during which she prevented him from leaving the residence. Once again, Attorney Verhoff spoke with the prosecutor tasked with making a charging decision. He provided background about the relationship and the client, who has no record and is about to embark on a career in the medical field. After listening to Attorney Verhoff, the prosecutor declined charges and the client was released from jail.
The third case also involved felony charges. This time, the client was arrested on a charge of possessing burglary tools. The client, a 17-year-old with a bright future, was stopped by police who searched his vehicle. Authorities discovered several items they believed he was going to used to commit a burglary. The client's parents contacted Attorney Verhoff before charges were issued. Interestingly, they were aware of the items in the vehicle and could provide legitimate reasons why the client was possessing them. Attorney Verhoff again contact the District Attorney's Office before charges were issued. He provided background to the prosecutor about the client, who by all accounts was no burglar. Attorney Verhoff also indicated that if the case was charged, the client's parents would testify about their knowledge of the items in the car and why they were there, which would undercut the prosecution's theory that he was planning to commit a burglary. Once again, all charges were declined.
Felony Charge Dismissed at Preliminary Hearing
All individuals charged with a felony offense in Wisconsin have a right to a preliminary hearing. The purpose of a preliminary hearing is for the prosecutor to call witnesses to establish probable cause that it is more likely than not the individual committed a felony offense. The rules of the preliminary hearing are geared entirely in favor of the prosecution. As such judges find probable cause in most cases. For various reasons, lawyers often advise their clients to waive the right to a preliminary hearing. In a recent Dane County case, however, Attorney Verhoff advised the client to have the preliminary hearing. The prosecutor called a deputy sheriff to testify, and Attorney Verhoff cross examined him. At the conclusion of the hearing, the judge dismissed the felony charge of bail jumping against our client after Attorney Verhoff successfully argued that the prosecution failed to establish probable cause that our client committed a felony. He argued that the prosecutor did not properly establish the client had been released on felony bail at the time he was alleged to have committed a new, misdemeanor offense. The judge agreed. An unusual, but fantastic outcome for our client.
There Is Always Hope, Sexual Assault Case
This case is an example of an extraordinary result, despite what appeared to be a legal dead end. Our client was charged and convicted of sexual assault several years ago. He was placed on probation and also served a jail sentence as condition of probation. At the time of his conviction, he was represented by one of Wisconsin's top criminal defense lawyers (who achieved a fantastic result by avoiding a felony conviction for the client). Unfortunately for the client, a graduate student with outstanding academic credentials and the potential to make world changes due to his research, the misdemeanor sexual assault conviction spelled trouble in terms of staying in the United States to continue his work due to immigration issues. The client went to his original lawyer to see if anything could be done. That lawyer said he didn't think he could help. But he told the client if there was one attorney in the state who might be able to make a difference, it was Tim Verhoff. The client then hired our firm.
Attorney Verhoff realized there was no legal basis to convince a judge to allow the client to withdraw his plea on the merits. Instead, Attorney Verhoff would have to accomplish what seemed impossible. He had to convince the District Attorney's Office to agree to reopen a three-year old sexual assault case and voluntarily vacate a conviction.
Our attorney went to work gathering information about the client to make the argument that not only would the reopening the case help the client, but it would benefit society as a whole. After several months of discussions, the District Attorney agreed to Mr. Verhoff's request. A court hearing was scheduled during which the District Attorney supported allowing the defendant to withdraw his plea to the sexual assault charge. The DA's Office then amended the charge to disorderly conduct, to which the client entered a plea and was convicted. For sentence, the judge imposed a short jail term, deemed served by the time the client previously spent in jail. This is an outcome that is, literally, unheard of.
Felony Stalking Case Reduced
In this case, our client was charged with stalking after he persistently contacted a woman over the course of several months. What made this case particularly difficult was that law enforcement had served the client with a stalking-warning letter, but he continued to call, text, and contact the woman via social media. And he admitted to police he had engaged in this conduct both before and after the warning letter was presented. The client, who had no prior record, was very concerned about a felony conviction. Through negotiations, Attorney Verhoff was able to convince the prosecution to amend the case to a misdemeanor charge for unlawful use of a computerized messaging system. The client was placed on probation but was not ordered to serve any jail time. Although the client was convicted of a criminal offense, the outcome was fantastic given the facts and circumstances.
Client Avoids Felony Charges, Gets Expunction in Dane County
At Chirafisi & Verhoff, we often say some of the best work we can do for a client happens long before criminal charges are filed. This case is an excellent illustration of that motto. Our client, a young man with a bright future and no criminal record, was driving his friends when he got into a crash. By his own statements to police, he was traveling approximately 30 miles per hour over the speed limit and attempted to pass another vehicle in a no passing zone when the crash occurred. The client was significantly injured, as well as his two passengers. The family hired our firm before charges were ever issued. Attorney Verhoff immediately recognized that the injuries suffered by the client's passengers would make this a felony-level case. Through pre-charging negotiations, Attorney Verhoff brokered a deal by which the District Attorney's Office agreed to file only misdemeanor charges. But that was not all. Attorney Verhoff was also able to get the prosecutor to make an agreement to have client placed on a one-year period of probation with no jail time. But that was not all. The agreement also included a provision that the case would be expunged from the client's record upon successful completion of probation.
OWI 5TH- Dismissed at Preliminary Hearing
This particular client came to us on a referral from a friend of his that we had previously helped on a case. The client was on a motorcycle and officers witnessed him being attacked as he stood next to his motorcycle. What started off as our client being a victim of a crime, the situation quickly turned into him being arrested for a felony level OWI.
This case never made it past preliminary hearing. The prosecutor called the arresting officer to testify and the officer talked about the physical signs of impairment he witnessed with the client and how he had done a terrible job in performing the field sobriety tests.
Then it was our turn. The one fact that the officer could establish was when the client was operating the motorcycle. He testified the client told him he drove it, just not when. The officer acknowledged that the driving was unknown and because of that he did not know whether at the time the client drove he was under the influence of an intoxicant.
The burden of proof at a preliminary hearing is probable cause, a very easy standard for the government to meet, except for that day. The Court found that there was no link between the impairment observed and the driving. The Court dismissed the entire case.
The client was thrilled, once he came out of shock. He couldn’t believe in about 5 questions we were able to convince the Court there was no probable cause. His business will continue to thrive and he will be able to go on with his life. We were very happy to have obtained such a great result in his case.
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.
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.
Client Avoids Felony Charge, Conviction in Stabbing
Dane County law enforcement arrested a Chirafisi & Verhoff client on felony charges of reckless endangerment of safety during a disturbance in which the client, who was alleged to be high on drugs at the time, stabbed his roommate. The client was taken into custody, but Attorney Verhoff was able to discuss the matter with prosecutors before formal charges were filed. After our lawyer met with the District Attorney's Office and provided officials with additional information about the client and the situation, prosecutors agreed to file misdemeanor charges of disorderly conduct while armed and criminal damage to property. Prosecutors then agreed have the client participate in a deferred prosecution agreement, which will result in a dismissal of all charges upon the client's completion of the program.
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.
From Felony Charges to Dismissal in Dane County
The Fitchburg Police Department recently arrested our client on a felony charge of strangulation, as well as misdemeanor charges of battery, disorderly conduct and criminal damage to property after he got into a physical fight with his cousin during a night of drinking with friends. Our client had no criminal record and was fearful about how the situation would turn out. He contacted Chirafisi & Verhoff while he was still in jail but before the Dane County District Attorney’s Office made a charging decision. Attorney Tim Verhoff spoke to prosecutors and provided background information about the client and the situation. He was able to secure a resolution to the case before our client even appeared in a courtroom. Given the circumstances, the District Attorney’s Office agreed to charge our client only with the lowest level misdemeanor offense – disorderly conduct. The prosecution agreed to have our client participate in a deferred prosecution program, meaning the remaining charge will be dismissed after he successfully completes the program in a few months.
Felony Strangulation Charge Dismissed
Our client was arrested and charged with a felony count of strangulation after getting into a physical confrontation with his wife. The stakes were high for our client. Not only was he charged with a felony, but as a person who is required to carry a firearm for work, any conviction for a domestic violence offense would mean he’d lose his job. A loss of his employment would have resulted in losing more than a decade’s worth of benefits along with the pension coming to him. Our attorneys were able to prove to the prosecutor that while our client may have pushed his wife during the argument, he had not strangled his wife. The Assistant District Attorney (ADA) agreed to dismiss the felony charge upfront. The ADA then entered into a deferred prosecution agreement on a low-level disorderly conduct charge, which will be dismissed at the conclusion of the agreement.