OWI 1st. .09 accident/hit and run- Dane County

Our client was driving at bar time on a busy street in downtown Madison. He was involved in an accident for sideswiping another vehicle and then leaving the scene.  When police made contact with him, he was not very cooperative and was charged with multiple offenses, including OWI/PAC and a criminal charge of Hit and Run.

Chirafisi & Verhoff got involved in the case and started with the Hit and Run charge.  We met with the prosecutor prior to the court appearance and were able to convince the prosecutor not to charge the Hit and Run.  

Next was the OWI charge.  The accident did pose a problem (as it usually does) and being over the legal limit compounded the accident.

As the matter closed in for trial, we found an issue with the manner that the breath test was conducted.  We decided to hold this issue back and not disclose it to the other side until we had an opportunity to cross examination the breath test operator.  It turns out that we never had the opportunity to do so because the prosecutor called us and agreed to amend the charge to reckless driving.  At the end of the day, the hit and run disappeared and so did the OWI.

OWI 1st- accident .22- charge amended to reckless driving

Our client was involved in an accident on the interstate with a semi trailer. The trooper who arrived on the scene believed that, based on the odor of intoxicants, accident and bloodshot eyes, the client was intoxicated. Our client retained our firm because Chirafisi & Verhoff had previously represented her boyfriend.  (His OWI charge was also amended due to our firm’s work on his case.)

We filed two motions in this case: first, a motion challenging the basis for conducting field sobriety tests.  The second motion involved the distance in which the client was moved to conduct field sobriety tests.

On the morning of the motion hearing, the state voiced concern about whether or not they would be successful in defending the motions.  The state offered our client a reckless driving charge to resolve the case. The client was thrilled with the result!

3 more outstanding results- Felony dismissed at preliminary hearing

The first case is out of Dane County: a felony battery. The client was charged with striking a person on a downtown Madison street.  That person fell down, struck their head and lost consciousness. The Dane County DA's office has a policy of not attempting to resolve cases before preliminary hearings.  We here at Chirafisi & Verhoff have a policy of not waiving preliminary hearings for no reason.

At the preliminary hearing, the officer testified to our client's version as to what had occurred.  The prosecutor never asked the officer about any other version of what had happened. The Court, armed with only the version set forth by our client, found that the state had not established probable cause and the felony was dismissed.  

More soon regarding out two other recent outstanding case results...

Injunction Petition Denied

A Dane County judge denied a domestic abuse injunction filed against one of our clients after Attorney Verhoff argued the evidence did not merit a finding that the client engaged in domestic abuse against the petitioner.  He also argued that, given the timing of the filing, it appeared the petitioner was attempting to use the injunction as leverage in a family court case where child placement was an issue.  At the conclusion of evidence, the judge agreed with our attorney's argument but went a step further.  The judge stated that event if he believed the client engaged in an act that constituted domestic abuse he would still have denied the petition under the circumstances in light of Attorney Verhoff's argument.

Felony OWI Reduced to Misdemeanor

Our client was arrested and charged with a felony OWI in Dane County.  Upon review of the client's driving abstract, Attorney Verhoff recognized one of the prior convictions upon which the prosecution was relying as a basis for counting prior convictions could not be used in the pending case.  This was because the earlier conviction transpired in a municipal court that did not have proper jurisdiction over the case.  Based on our lawyer's challenge to the use of the prior conviction from municipal court, prosecutors from the Dane County District Attorney's Office were forced to reduce the pending charge from a felony to a misdemeanor.  Spared a felony conviction, the client was thrilled.

Substantial Battery- Acquittal at trial

Our client was charged in Jefferson County with Substantial Battery for a fight that ended with the complaining witness suffering a skull fracture. Our defense at trial was self-defense. With the help of investigators, we had an opportunity to interview all witnesses who really assisted in setting up the defense. When all was said and done, the jury was out 40 minutes before returning a not guilty verdict.

OWI/PAC .17 Amended to Reckless Driving

This case comes out of a stop in Columbia County. Our client was pulled over by the State Patrol for illegal tinting of their windows and no front license plate.  The trooper smelled the odor of intoxicants and the client admitted to having consumed a couple of drinks earlier in the evening.  

Our client was put through field sobriety tests and was arrested for an OWI.  This is the point where the case turned, the client had a prior OWI conviction which was more than 10 years ago.  That would make this OWI charge another first offense; however, the trooper misread the teletype and repeatedly informed the client that this was a 2nd offense and a blood test was required. 

Attorney Corey Chirafisi filed a motion challenging the defendant's consent to the test because the client was misinformed regarding what he was being charged with (2nd offense vs. 1st offense).  The parties had a lengthy consented hearing with multiple sets of briefs filed.  Prior to the Court deciding the issue, the government offered to amend the charge from an OWI to Reckless Driving.  It was the outcome the client was hoping for all along.  The OWI conviction would have triggered the IID requirement based on it being the client's 2nd offense (in lifetime) and the test result was above the 0.15 threshold.  Very happy client.

Felony Sexting Case Dismissed

The Wisconsin Attorney General's Office recently declined felony charges against our client in a local sexting scandal among area teens. Authorities began investigating the case of wide-spread sexting at an area high school. Several students were formally charged with crimes in circuit court for their actions. In this case, Attorney Verhoff met with the assistant attorney general assigned to handle all of the prosecutions prior to our client being charged. Unlike most of the other individuals in this case, who formally faced charges in court, Attorney Verhoff brokered an agreement with the AG's Office in which no charges were formally filed against our client. Instead, the client was required to complete a deferred prosecution agreement. Having done so, the prosecution has agreed to now formally decline the case. Although this case took several years of patience to be completed, the client and his family are thrilled with the final result.

Felony Sexual Assault Reduced to Misdemeanor With Expungement

When our client received a summons to court for charges alleging repeated acts of sexual assault of a child, he went into panic mode. Although the client was in his early twenties, the Dane County District Attorney's Office charged him for several acts that occurred when he was approximately 14 years old. The family hired our firm before making an initial court appearance. Attorney Verhoff contacted the District Attorney and requested a meeting at which he suggested that had the case been filed at the time of the offense, the client would have been treated as a juvenile. Attorney Verhoff proposed a postponement of the case to give the client time to undergo various evaluations and treatment to demonstrate he was not a high risk to re-offend. Assuming that checked out, Attorney Verhoff proposed amending the charge from a felony offense to a misdemeanor that could be expunged from his record. As Attorney Verhoff argued, this would be an outcome that very much mirrored what would have happen in juvenile court if the client had been charged at that time in his life. The District Attorney agreed to the proposal. At the plea hearing, the judge was at first taken aback by the proposed outcome in this case. But once Attorney Verhoff explained it thoroughly, she said she was very comfortable with the outcome and accepted the agreement in full. This case is an excellent example of our firm thinking outside the box to resolve cases favorably for clients.

Domestic Assault Dismissed Before Trial

The Madison Police Department arrested our client after a disturbance with her estranged husband. Upon review of the case, the Dane County District Attorney's Office charged our client with domestic battery. The client hired our firm and met with Attorney Verhoff. She described her marital life to him. As a former prosecutor who supervised the domestic violence unit, Attorney Verhoff recognized the client was actually a long-time victim of abuse in the relationship. He contacted local law enforcement and learned the complaining witness had been a suspect in several prior domestic cases against our client. He obtained the reports regarding those cases, and he also obtained a copy of an injunction the client previously filed against her husband. Armed with this information, Attorney Verhoff approached the prosecutor assigned to the case. He informed the prosecutor that if the case went to trial, he planned to put the "victim husband" on trial. Attorney Verhoff suggested the appropriate course of action consistent with the interest of justice was to dismiss the case against our client. Several hours after presenting his argument to the prosecution, the assistant district attorney assigned to the case contacted Attorney Verhoff and informed him the case was being dismissed.

Felony Drug Possession- all evidence suppressed

Client was charged with OWI and felony drug possession. Client was involved in an accident which ultimately lead to police locating fentanyl in the client’s purse. The client was referred to Chirafisi & Verhoff from an outstanding lawyer in Milwaukee and we got started. The government wanted the client to plead to the felony drug charge, as fentanyl is an opioid, and they believed a conviction was appropriate. 

The video in the case actually was the big game changer here. The video showed the client was arrested and her purse was removed from her body and not searched for almost 20 minutes after she was put in the back of the squad car. That information was never mentioned in the police reports. 

We argued the search was unlawful without a warrant. After a lengthy hearing, the Court agreed, and suppressed the drugs found in the client's purse.

Felony Battery amended to DC ticket

Client was already charged when he called so this was not a precharge situation. Client was accused of breaking the jaw of another man in a fight. Client had posted material on social media confirming he in fact had done that, and was bragging about what occurred.

We sent an investigator out to speak to witnesses that the police had never bothered to speak with. We had approximately 5 people provide statements regarding what they had seen and how the matter was really a self defense case. We presented that information to the prosecutor handling the matter. The offer went from "plead to the felony with restitution" to a non-criminal ordinance violation and no restitution owed.

Road Rage With Gun Amended From Criminal Charge

The Dane County District Attorney's Office charged our client with criminal disorderly conduct while armed after he was alleged to have pointed a firearm at another driver during a road rage incident. Upon meeting with the prosecutor, Attorney Verhoff noted a recent change in the law that provides the equivalent of an affirmative defense to displaying a firearm, provided there is no malicious intent. According to the reporting party in this case, our client displayed a firearm during the incident, but he also let the clip drop from the magazine while brandishing the firearm. Attorney Verhoff argued to the prosecutor that this reflected an act that was more akin to self-defense and by dropping the clip the client was showing a lack of malicious intent. The prosecutor, who was not aware of the change in the law, decided to amend the charge to a non-criminal citation that is the legal equivalent to a parking ticket.

Precharge case involving allegation of Child Abuse- No charges filed

Same scenario as our previous post. Client with a lot to lose found herself being accused of child abuse and arrested by law enforcement. She called us the same evening she was arrested and we began working on the situation. First, no statements given to police. If they believe a crime was committed, let them try to put the pieces together, don’t help them.

Second, we reached out to the district attorney reviewing the file, letting them know we were involved, and providing them some background on what actually occurred in an effort to try and avoid charges. We had conversations with the prosecutor and eventually convinced them that there was a very viable parental discipline defense to the charges. No charges were ever brought on our client.

Precharge case involving allegation of 3rd Degree Sexual Assault- No Charges filed​

We have preached over and over in this blog the importance of “getting ahead” of an investigation. When a client reaches out to us upon becoming aware of a possible criminal investigation, we have the opportunity to really help.

This client had a lot on the line. A teacher who, if charged, would have likely lost his job, even without a conviction. The allegations would have been a problem for him moving forward. He made a decision to get in touch with us immediately before any charges were filed. We were able to get the district attorney’s office to agree to hold off on charges until we finished our investigation. That was a huge help. We were able to get all the reports as well as do our own investigation. After a few weeks, we presented that information to the D.A., who declined all charges. 

Everyone wants to win trials, they are great. Still, the best work a lawyer can do in our opinion is to avoid charges from ever being filed. You will see that as a theme throughout the next entry.

DESPITE SEXUAL ASSAULT CHARGE CARRYING MANDATORY PRISON TERM, CLIENT AVOIDS ANY INCARCERATION

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.

EVIDENCE SUPPRESSED, DANE COUNTY OWI DISMISSED

The Dane County District Attorney' Office dismissed an OWI case against our client after Attorney Tim Verhoff successfully argued the evidence was obtained in violation of the United States Constitution.  A Dane County deputy sheriff stopped our client for a license plate violation at approximately 3:00 a.m. Upon making contact with the client, the deputy observed a strong odor of intoxicants, and the client  admitted to the deputy that she had been drinking shots earlier that night.  Based on that information, the deputy requested the client to perform field sobriety tests, and he arrested her for OWI at the conclusion of the tests.  Given the lack of bad driving prior to the stop,and the lack of outward indicators of impairment, our lawyers filed a motion challenging deputy's basis to ask our client to perform field sobriety tests.  At the hearing, Attorney Verhoff thoroughly cross examined the deputy.  He then argued the deputy did not have a sufficient reason to extend the scope of the stop and conduct an OWI investigation.  The judge agreed and ruled that all of the evidence obtained after the deputy's initial contact with our client was inadmissible at trial.  Without any additional evidence, the prosecution was left with little choice but to dismiss the case against our client.

DRUG CHARGES DISMISSED COLUMBIA COUNTY

The Columbia County District Attorney's Office recently agreed to dismiss criminal charges against our client for possessing THC and drug paraphernalia.  The client was charged for possession after medical personnel was dispatched to his home.  The prosecutor voluntarily dismissed the charge after our attorneys raised a defense under section 961.443 of the Wisconsin Statutes, which provides immunity for individuals who contact law enforcement or emergency technicians in the event of a drug overdose.

On Day of Trial, OWI/PAC Amended to Reckless Driving

The Palmyra Police Department stopped our client for speeding.  Upon contact, the officer observed the defendant to have blood-shot and glassy eyes.  The officer also smelled the odor of intoxicants.  The officer had the client perform field sobriety tests.  At the conclusion, the officer arrested the client, who agreed to submit to a blood test.  The test result revealed an alcohol concentration of 0.09. 

Our office litigated the case for several months.  Our attorneys believed our client had a good defense at trial, but the prosecution repeatedly had extended the same offer.  The client could plead to the OWI for minimum penalties.  Our attorneys informed the client that even if convicted at trial, he would not be in a significantly worse position than if he simply accepted the offer.  On the morning of the trial, the prosecutor reached out to Attorney Verhoff, who told the prosecutor he was ready to go and would see him in court.  At that time, the prosecutor stated, "No, that's not going to happen."  Attorney Verhoff asked what the prosecutor meant, and the prosecutor indicated he would be willing to resolve the entire case short of a trial with an amendment to Reckless Driving and a dismissal of the speeding ticket.  It goes without saying that our client was ecstatic with the outcome and happy that he heeded our advice not to settle for the original offer. 

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.