Madison Police arrested our client during a beer party. He refused to identify himself, and was arrested for obstructing. Our attorneys argued the client’s refusal to identify himself did not constitute obstructing because he had not actually lied and had a right not to speak to the police--the charge was dismissed.
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.
Disorderly Conduct Dismissed in Dane County
The McFarland Police Department arrested our client after an argument with her husband. Before formal criminal charges were filed, Attorney Verhoff met with the prosecution to present our client’s version of the events. Based on his presentation, the District Attorney agreed not to file a criminal charge against our client. Instead, the District Attorney agreed to file a non-criminal, ordinance violation (the legal equivalent of a traffic citation). Attorney Verhoff then struck a deal in which the government agreed to dismiss the charge once the client provided proof of alcohol treatment. After providing proof of the treatment, the District Attorney filed a stipulation to dismiss the case – meaning she can honestly answer that she has never been convicted of anything related to this arrest.
OWI Amended to Reckless Driving
Attorney Tim Verhoff was able to secure an amendment from an OWI-1st offense to a citation for reckless driving in Madison Municipal Court. In addition, Attorney Verhoff was able to convince the prosecution to dismiss a companion citation for imprudent speed. Our client hired Chirafisi & Verhoff after he was involved in a traffic accident that led to his arrest for OWI-1st. Our client admitted to having consumed wine and a couple of beers earlier in the day. He performed poorly on the field-sobriety tests and exhibited some of the tell-tale signs of impairment including glassy eyes and slow speech. He submitted to a breath test which produced samples at 0.08 and 0.79. Attorney Verhoff was able to convince the prosecution that poor weather conditions contributed to the accident and explained that the performance on the field sobriety tests was due, in part, to several knee and leg surgeries. Attorney Verhoff obtained the client’s medical records to document this fact. Based on this information, the prosecution agreed to amend the citation from OWI to a reckless driving, rather than go to trial. This saved the client an OWI conviction, several hundreds of dollars in fines and a lengthy driver’s license revocation.
Battery and Drug Charges to be Dismissed
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.
OWI Reduced to Inattentive Driving
In some cases motor vehicle accidents happen because someone has been drinking, sometimes they are just accidents. Our client was involved in an accident at 2:05 early on a Sunday morning on a main road in Sun Prairie. The client’s vehicle struck another vehicle as he was driving home. Client was found behind the wheel, officers described him as having bloodshot eyes, an odor of intoxicants coming from his breath and the client had admitted to consuming alcohol. There were witnesses who also informed police that after the accident, the client put something in a dumpster which was near the accident scene. Officers recovered a beer bottle which the client admitted was his.
The client had informed law enforcement that he was using his phone at the time of the accident and was not intoxicated. Police had the client do field sobriety tests and he allegedly failed 2 of the 3 tests.
Client was issued multiple tickets including OWI, Inattentive Driving and Open Intoxicants in the Vehicle. After having a pretrial conference with the prosecutor, the lawyers at Chirafisi & Verhoff were able to convince him that the accident did in fact occur as the result of the clients use of his phone and not being impaired. Further, because the government couldn’t prove that the client had been drinking in the vehicle, the open intoxicant charge had to be dismissed as well.
At the end of the day the client had to pay a small fine on an inattentive driving ticket while the OWI and Open Intoxicant tickets were both dismissed.
Dane County Assault Charge to be Dismissed
Our client received a summons from the Sheriff’s Department informing him that he needed to come to court because the District Attorney decided to charge him with a felony battery after a road rage incident. The client did not wait until going to court to hire an attorney. He immediately contacted our office. Although the prosecution originally decided to charge our client with a felony, the criminal complaint had not been formally filed. Our lawyers contacted the District Attorney’s Office and spoke with the prosecution to provide our client’s version of the event. After talking with our lawyers, the prosecutor agreed not to charge the client with a felony assault. Instead, the District Attorney agreed to file a misdemeanor charge and recommend deferred prosecution, meaning all charges will be dismissed after our client completes the program.
Sauk County OWI/PAC – Evidence Thrown Out and Case Dismissed
Police stopped our client was for driving with a headlamp that was burned out. The officer contacted our client and smelled an odor of intoxicants. Our client admitted to be on his way home from a bar and to have consumed mixed drinks earlier. Police had him perform field sobriety tests and based on those results arrested him for second-offense OWI. He submitted a breath test and the reported result was 0.09 percent. Attorney Verhoff filed a motion arguing that the police officer violated our client’s rights because the officer did not have a sufficient basis to ask him to do the field sobriety tests. The judge agreed and threw out the test results and the client’s performance on the field sobriety tests. Left with no additional evidence to prove the case, the Assistant District Attorney dismissed both charges.
From an OWI to an inattentive
OWI charges can devastating to those charged, that certainly is the case for Illinois drivers charged here in Wisconsin. Our client was enjoying a weekend of snowmobiling with friends when he was returning home on a Sunday morning and was stopped by a State Trooper for speeding.
The Trooper noticed the odor of intoxicants coming from within the vehicle and our client told the Trooper that he had consumed alcohol the previous evening but had nothing to drink for more than 12 hours. The trooper ultimately got our client out of the vehicle, put him through standardized field sobriety tests and placed him under arrest for Operating While Intoxicated.
While at the police station, our client refused to submit to an evidentiary chemical test of his breath and was charged with a refusal. Being an Illinois driver, our client faced a possible indefinite drivers license revocation if he was convicted of the OWI charge.
The lawyers at Chirafisi & Verhoff began working on the case by filing a motion challenging the detention of our client without reasonable suspicion. The motion was heard and denied by the Court; however, after the hearing, the Assistant District Attorney called and wanted to discuss the case further. The government acknowledged the case would be difficult to defend on appeal and offered to resolve the case for an inattentive driving ticket and a dismissal of the refusal as well. Our client left with no OWI conviction, no refusal, and a small fine.
Injunction Denied
Our client’s relative filed a petition requesting the court to issue a four-year harassment injunction against her. The relative alleged that our client engaged in a series of acts, including stealing from her and damaging property. After the petitioner testified, our lawyers presented evidence to support our argument that the relative was simply attempting to use the injunction process to bolster her case in a related legal proceeding. The judge agreed and dismissed the injunction petition against our client.
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 Assault Trial-Not Guilty
JURY FINDS CLIENT NOT GUILTY OF FELONY ASSAULT
A Vernon County jury returned a not guilty verdict for a Chirafisi & Verhoff client after a multiple-day trial on a felony assault charge. Our client originally faced a charge of Aggravated Battery for punching another individual and leaving him with a fractured skull and brain injuries. He was facing significant prison time. At trial, our lawyers called witnesses who testified that the injured party was actually the person who provoked the fight. Our lawyers argued that our client’s actions were lawful because he had the right to engage in self-defense and the defense of another person present. The jury agreed, finding our client not guilty.
Two OWIs and one Operating with Restricted Controlled Substance-All Amended 12/16/13
First Case
Our client, who is an Illinois driver (OWIs can have extraordinary consequences on an Illinois license), was arrested up north in Langlade County for Operating While Intoxicated and Operating With a Prohibited Alcohol Concentration.
Police were dispatched to a one vehicle car crash and upon arriving at the scene noticed that our client smelled of intoxicants. Client indicated to the police that she was driving and swerved to miss a deer which made her lose control of the vehicle and put it in a ditch. Client told the police that she had 5 drinks and she hadn't had anything to drink since the crash.
According to the police reports, the client failed the field sobriety tests she was given, and she was placed under arrest for OWI. At the police station the client agreed to submit to an evidentiary chemical test of her breath and blew a 0.10.
The lawyers at Chirafisi & Verhoff put their defense right out front--that the prosecution would not be able to establish time of operation, which could have an effect on whether the test result would become admissible. The prosecution initially refused to move on the charge and the matter was set for trial.
However, shortly before the matter was set to proceed to trial, the prosecutor agreed to amend the charge to Reckless Driving. For all clients, this type of an amendment is a big deal, but in this situation because the client was an Illinois driver, the stakes were even higher. The client was thrilled, no OWI conviction and no revocation of her driving privileges.
Second Case
Our Client called Chirafisi & Verhoff because he was stopped for Operating While Intoxicated and he has a commercial driver’s license.
Our Client knew that his ability to continue to do his job for the next year required that he be diligent in this case and make sure he fought it every step of the way. Our Client was stopped for speeding and the officer immediately noticed the tell-tale signs of intoxication: slurred speech, bloodshot eyes and difficulty with his balance. Client was asked to step from vehicle and perform field sobriety tests. Client was unable to complete the tests and admitted to the officer that he had been drinking. Officer arrested him for Operating While Intoxicated and requested that the defendant submit to a blood test, which the client agreed to do. The blood test result came back at 0.237.
The case was scheduled for trial in municipal court and as the trial began, the prosecution attempted to get evidence admitted at the trial. Attorney Corey Chirafisi objected and the Court precluded the evidence from being admitted. Seeing that his case was in real jeopardy, the prosecution offered this client a reckless driving ticket. The amendment saved the clients license and his job.
Third Case
Our Client was stopped for speeding by local law enforcement. After having a conversation with the client, the officer was going to issue him a warning and let him get on his way; but the officer then asked the client for permission to search his vehicle, which the client gave. The officer found marijuana in the vehicle and asked the client when he last smoked marijuana. The Client told the officer that he had smoked a short time before the stop and was then arrested and charged with Operating a Motor Vehicle With a Restricted Controlled Substance.
Our Client’s blood was taken and it did show a detectable amount of Delta-9 THC in his system. That is a strict liability offense, meaning that the government does not need to show impairment, all they need to show is that person drove or operated a vehicle while they had Delta 9 in their blood.
The lawyers at Chirafisi & Verhoff drafted a motion to suppress based on an illegal detention of the client. Before the motion was even heard, the prosecution agreed that they had some problems with the case. The prosecution offered our Client an inattentive driving in lieu of the Restricted Controlled Substance charge. No conviction, no license suspension, client gets to get on with his life.
OWI and PAC amended to Improper parking on a roadway
Our client was charged with an OWI and PAC first offense and his test result was a 0.22. We filed and argued Motions to Suppress in our client's case. Ultimately, the charges were amended to an improper parking on a roadway charge with a $500.00 fine.
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.