OWI/PAC .11/Inattentive Driving - Amended to Reckless Driving

Client was involved in an accident in the City of Madison at about 1:00 a.m.  Other party involved in the accident called the police stating our client, "asked him to hold his weed and bong.” When the police arrived, client admitted that he wanted the other party to hold his drugs for him. 

Client told police that he "took a nap" and that was the reason for the accident.  Breath test taken at station showed a breath test result of .11.  

Client was desperate to attempt to avoid the OWI conviction so, we got to work.  Client had one issue in the case, there was a question of whether or not an alternative test was requested.  If it was and law enforcement failed to comply, the test result would be excluded from evidence.

The day before the trial was scheduled, the prosecution moved to amend the charge to reckless driving.  No OWI, no revocation of license and no stigma.  Client was thrilled.

Party To A Crime Possession of 72 Grams of Cocaine - Charges Dismissed (Dane County)

The first case involves a client who was a passenger in a vehicle stopped for a traffic violation.  In the course of that stop, officers located 72 grams of cocaine in the vehicle and $3,800 in cash in the clients purse.  

Now, to be fair, the driver of the vehicle said that the cocaine belonged to him, which is helpful.  The client told the police that the driver asked her to hold $4,000 in cash which was located in her purse, which is not helpful.  The State then made a decision to run DNA tests on the baggy in which the drugs were located and the scale located in the vehicle.  The portions of the scale had a positive DNA match for only one person in the vehicle, our client.

So, now we had a client as a passenger in a vehicle with 72 grams of cocaine, holding $4000.00 for the driver and her DNA on the scale used to weigh the drugs.  Seems like a good party to the crime case for the state.  

The State moved to dismiss the case against the client.  No cooperation, no amendment.  Just a straight dismissal.

OWI/Restricted Controlled Substance - Charges Amended

This case was challenging because it involved the client having Delta-9 THC in his blood.  The fact is, if Delta 9 is found in a person's blood, that person is guilty of Operating With a Restricted Controlled Substance, whether the state can prove impairment or not.  In this case, the client drove his car into a house, rupturing the gas line.  So, the driving was certainly considered poor.

We challenged the case on whether or not there was reasonable suspicion to conduct field sobriety tests.  We started with the Administrative Review Hearing where we were able to get the officer to admit that he didn't have any reason to believe the client was impaired by drugs or alcohol.

We then took that information and filed a motion in court to throw all the evidence out based on lack of reasonable suspicion.  Prior to the hearing being conducted, the prosecution offered to amend the charge to Reckless Driving.  A huge win for the client.

OWI/PAC 2nd (.20) Complete dismissal

This case came out of Dane County.  Client was arrested after traveling to a friends residence, breath test result was .20.  However, this case was full of really good issues for us to work with.  First, the police could not establish the exact time the client arrived at the location he was arrested.  That was very important as the state could not establish the test result was taken with the required 3 hour window. Further, and more importantly, the client repeatedly told the police that he had consumed alcohol after arriving at the location.  Our investigator was able to track down the liquor store the client bought the alcohol at, which also had a specific time of the purchase.  The time on the receipt made it likely that the client consumed the alcohol after arriving at the residence.  

On the morning of trial, the state moved to dismiss the case in its entirety.  

First Degree Recklessly Endangering Safety - Dismissed 3 days before trial

This case involved a client of ours who was referred from a family member.  The client had gotten into an altercation at his residence which led to him stabbing someone in the stomach with a knife.

The client was arrested and charged with First Degree Recklessly Endangering Safety.  Once we got the discovery, we noticed huge holes in the case.  At the time of the incident, approximately five (5) other people were present in the residence.  We learned that police made zero effort to speak to anyone other than the complaining witness and the client.  So, we had our investigator locate the witnesses to the stabbing who provided statements which helped the case.  We also filed a jury instruction on the "castle doctrine" which was front and center in the case.  

The best part about the case was the state offered a disorderly conduct charge, a huge reduction from the original charge.  We went back to the DA and rejected that offer.  To his credit, the DA knew the difficulties with the case and only 3 days before trial, he dismissed the entire case.

Drug Case Amended, Juneau County

Our client was arrested and charged with possessing marijuana after a traffic stop in Juneau County.  Originally, the client tried to represent himself in the matter.  The prosecutor gave him two options, plead to the criminal charge or have a trial.  The client then hired Attorney Tim Verhoff.  Our attorney reviewed the police reports in the case and recognized that the deputy engaged in some questionable conduct.  Attorney Verhoff filed a motion to challenge the deputy's contact and detention of our client.  The judge scheduled a hearing on our motion.  Minutes before the evidentiary hearing was set to begin, the District Attorney changed his tune.  He made an offer to amend the case to a non-criminal violation of the county ordinances if our client agreed to withdraw the motion.  The client, who agreed, was thrilled with the result, as he avoided a criminal conviction in the matter.

Sexual Assault Case Declined

In this matter, the client hired our office after members of Dane County law enforcement contacted him to question him about an allegation of sexual assault.  Our attorney spoke with the detective and ultimately the prosecutor when the case was referred to the District Attorney's Office for potential charges.  Through this process, our attorney was able to provide information to the DA about the client, the complaining witness, and factual details before the prosecutor ever set eyes on the police reports.  The information we provided was not otherwise included in the reports from law enforcement.  With this additional information in mind, the prosecution agreed not to file a criminal charge against our client.  Although the process took several months and was stressful for our client and his family, he appreciated having someone in his corner fighting for him every step of the way. 

NEW YEAR STARTS WITH OWI WIN

Our office marked the start of 2020 with another great win for a Chirafisi & Verhoff client.  The Brooklyn Police Department arrested our client and charged her with OWI and PAC violations.  Prior to trial, Attorney Tim Verhoff met with the prosecutor.  He pointed out multiple problems she would have at trial, as well as a possible suppression issue.  Despite a 0.10 blood result for the client, our lawyer was able to get the prosecutor to dismiss the OWI citation outright and amend the PAC charge to a citation for reckless driving.  

Felon In Possession of Firearm - Dismissed

In this day and age, firearm possession is a hot topic.  In this case, we had a client who had a prior felony conviction, which prohibited him from possessing a gun.  The police responded to his residence and located a firearm under his bed.

It would seem like a pretty open and shut case right?  Wrong.  The government has to prove not only that the client was aware the firearm was present, they also have to prove that he had an intent to exercise control over the gun.  That was the problem, there was no way that could be established. The client lived at the residence with his girlfriend (who was the person who called the police). They could not prove the gun was registered to him or that he had ever touched it. 

This case was dismissed at the second court appearance. 

OWI 1st (PAC .15) - Amended to Reckless Driving

As the year comes to an end, 2 more outstanding results for clients. The first case involves a Dane County OWI/PAC charge with a breath test result of .15.  Client was stopped because the officer believed she was sleeping at a stop light.  As the officer turned around to make contact with the client, she moved her vehicle.  The officer stopped her, smelled the order of intoxicants and he was off and running.  

Officer reported that the client failed the three field sobriety tests offered to her and ultimately submitted to a breath test which registered a .15.  The prosecution certainly believed they had a strong case.  

However, the video of the incident showed a completely different story then told by the officer.  Although the video was lengthy, it contained information which ultimately lead to the amendment of the charge.  During the interaction, the client had a question about the alternative test, the officer then provided her incorrect information regarding that test.  Once that was discovered, it was the beginning of the end.  We filed a motion to suppress the test result based on the improper information provided to the client.  Before the motion hearing even began, the prosecutor offered to amend the ticket for costs, no fine was included.

Honestly, one of the happiest clients we can remember.

Acquittal Marks 7th Consecutive Jury Win

A Rock County jury deliberated less than 15 minutes before finding a Chirafisi & Verhoff client not guilty, marking the seventh time in a row the firm has prevailed for our clients at a jury trial. In this situation, our client was originally charged in three separate cases for incidents involving a neighbor. The first case was a damage to property claim that our lawyer, Attorney Tim Verhoff, convinced the prosecution to dismiss before trial due to a lack of evidence. The second case, which went to trial, was a disorderly conduct charge in which the prosecutor alleged that our client harassed his neighbor with a strobe light. At trial, Attorney Verhoff argued that it was actually a misunderstanding involving a security light our client was attempting to install that had malfunctioned. Due to a shoddy police investigation and a lack of communication between our client and his neighbor (who each have injunctions against the other), the neighbor, law enforcement, and the prosecutor wrongly assumed the worst. The highlight came after the jury rendered its verdict in the disorderly conduct matter. The judge asked the prosecutor what he wanted to do about the last case that remained pending, an allegation of a weapon violation. The prosecutor replied that "considering the circumstances," he was simply throwing in the towel and dismissing that case, too. Two dismissals and a not guilty verdict a trial was a complete win for our client.

Felony Battery Dismissed Prior to Trial

This case stems from a bar fight in Vilas County. The client was charged with felony battery for striking a kicking another person at a wedding. The injuries were substantial, including approximately $60,000.00 in restitution for hospital bills and time off of work. The complaining witness suffered multiple fractures and was on a breathing tube for some period of time.

Defense to the charge was self-defense. We knew it was going well after the preliminary hearing when the judge stated, "this appears to be a perfect self-defense case". However, based on the amount of restitution, the prosecutor refused to negotiate the case.

As the case moved closer to trial and witnesses were interviewed, we filed an "other acts motion" to introduce evidence against the complaining witness and his wife. Once the court granted that motion, it was over from there.

Client, who is a great guy with a family and good job avoided a trial, where anything can happen and still had his case dismissed.

Felony Domestic Battery Dismissed

Our client was arrested and charged in Dane County Circuit Court with a felony, substantial battery and misdemeanor disorderly conduct after an altercation with his estranged wife. Attorney Tim Verhoff reviewed the facts and was confident the prosecution could not prove the felony charge. At the preliminary hearing, Attorney Verhoff challenged the felony, arguing that the evidence did not support it. The felony battery charge was reduced to a misdemeanor. The prosecutor later proposed a plea agreement, but demanded the defendant to plead to the battery. Our attorney advised the client to reject the offer, as he did not believe the prosecution could prove a misdemeanor battery charge under the facts alleged. At the final hearing before trial, the prosecution folded. The District Attorney's Offered an agreement to dismiss the battery if the client would agree to plead to the disorderly conduct. Under the terms of the agreement, the judge did not convict the client of the misdemeanor. Instead, the disorderly conduct charge also will be dismissed upon the client's completion of a deferred prosecution program.

Criminal Hit and Run Reduced to Non-Criminal Citation

Our client, a 77-year old gentleman, was involved in a car accident with another vehicle. After the accident, he got out of his car to make sure the other driver was not injured, but then left the scene without exchanging any information. He was later arrested and charged with a criminal offense for leaving the scene of an accident. At the final court hearing before trial, our attorney convinced the prosecutor in Dane County to amend the case from a criminal charge to a non-criminal, zero point traffic violation. Even better, the prosecutor agreed to no penalty, except the statutorily required court costs. The client, who was petrified to attend the court hearing, was overwhelmed by the outcome.

DOMESTIC BATTERY, CRIMINAL DAMAGE AND DC WHILE ARMED DISMISSED

In this Dane County case, the client's mother contacted our office after she learned criminal charges had been filed against her adult son. In speaking with the mother, our attorney learned her son had significant cognitive issues. The charges, which stemmed from an incident between the client and his mother, were considered domestic in nature. Based on the information our attorney received, it appeared the client likely was not competent to stand trial, or if competent, he was likely not guilty by reason of mental disease or defect (NGI), as the behavior was directly related to his cognitive issues. Prior to the initial appearance in the case, Attorney Verhoff met with supervisors at the Dane County District Attorney's Office. He provided documentation to the prosecution about the client, as well as additional background regarding the incident. After considering the information our attorney provided, prosecutors agreed to dismiss all charges against the client at the initial hearing. This case is another good example in which the prosecution doesn't always have all the necessary information when making a charging decision. Hiring an attorney early in the process can be instrumental in the ultimate outcome and spare folks months of anxiety associated with being the subject of a criminal prosecution or the family member of a person being prosecuted.

Dane County Boating OWI, PAC at 0.21 Amended

In this case, our client's neighbor, a longtime member of area law enforcement, recommended he hire Attorney Tim Verhoff to assist him. The client originally was not planning on contesting his case due to his high test level, but decided to do so after he learned a conviction for boating OWI could pose problems for his travels to Canada. Attorney Verhoff reviewed the police reports and saw that law enforcement contacted the client after he had docked his boat. Although the client admitted to authorities that he had consumed alcohol and operated a boat, they failed to determine exactly when he had been out on the lake. Prior to trial, Attorney Verhoff met with the prosecution. He explained that they could likely show the client was impaired when law enforcement contacted him; however, proving the client was impaired when he operated the boat was a different story. Recognizing this problem, the prosecution agreed to dismiss the PAC outright and amend the OWI to a non-alcohol related boating offense for a minimal forfeiture.

FELONY BATTERY CHARGE DISMISSED AT FIRST COURT HEARING

Our client was arrested after he was involved in what could be described as a road-rage incident. He was taken to jail, and prosecutors filed against him a felony charge of substantial battery. His family did not know where to turn and asked a local lawyer to suggest a criminal defense attorney. He recommended Attorney Tim Verhoff. Our attorney attended the initial appearance in the case. He reviewed the formal charging document, called a criminal complaint, and recognized it failed to set forth the proper elements to support the allegations against the client. Attorney Verhoff made an oral motion to dismiss the felony assault charge. After hearing argument from both Attorney Verhoff and the assistant district attorney, the judge agreed with our lawyer. He dismissed the felony charge, and the client was released from custody.

NO CHARGES IN FELONY CHILD ABUSE CASE

Local police arrested our client for child abuse after she had an altercation with her teenage son. Upon advice from a different, Madison-based criminal defense lawyer, the client's family contacted Attorney Tim Verhoff for help. His first step was to get the client out of jail as quickly as possible. He then went to work negotiating a possible resolution of the case before a formal charge was issued. Based on his negotiations with the prosecution, Attorney Verhoff worked out an agreement by which the DA agreed not to file formal charges against the client, provided she successfully completed a deferred prosecution contract. Spared the embarrassment, anxiety, and other complications stemming from a formal criminal prosecution, the client was delighted with the outcome achieved.

August ends with three complete acquittals at trial and one dismissal before trial

August was a busy trial month for Corey Chirafisi. He tried 3 OWI cases to verdict. Each client was acquitted of their charges here are some facts of each:

August 1st- OWI1st/Refusal- Monroe County

This client was a Florida resident who was in Wisconsin working for her company. She is a heavy equipment operator and could not have a OWI conviction on her record. She had initially hired another lawyer to assist her, but when things weren't going the way she hoped, she contacted Chirafisi & Verhoff who took over the case.

The stop was for failing to have her headlights on and making an illegal U-Turn. She told the police she was "the least drunk" in the vehicle and ultimately refused to submit to a chemical test of her breath.

The case proceeded to trial with Attorney Corey Chirafisi representing the client. Because there was a refusal attached to the case, the Court decided the refusal with the jury deciding the OWI charge. The officer testified and had some difficulty on cross examination regarding field sobriety tests. He also mentioned that he was incorrect in his suspicions of impaired drivers more than he was correct. That didn't help them either. The client testified wonderfully explaining her thought process on the refusal and why she did what she did.

The jury was out around 50 minutes before finding the client not guilty of the OWI charge. In reference to the refusal, the government elected not to proceed on the refusal after the verdict.

Client was able to keep her job. We are very happy for her.

August 6th- OWI 2nd/ Grant County

Five days after the first acquittal of the month, Corey Chirafisi was back in trial on an OWI 2nd. The best part of this case was the court had earlier made a determination that the test result (.14) was to be suppressed based on a violation of the Informing the Accused form. The State made a decision to move forward with the case, even though they were doing so without a test result.

The driving was good. The basis of the stop was a burnt out taillight. The state tried to make out their case based on the client's performance on the field sobriety tests. It didn't work.

Jury was out 10 minutes and returned a not guilty verdict.

August 23rd-OWI/PAC (.14) Dane County

The third and final trial was a OWI with a .14 test result. Corey Chirafisi also tried this case. The client was pulled off the road, her drivers side tires were on the fog line, the car was running and the client was sleeping. When the officer made contact with her she immediately put the car in drive, then reverse and had some difficulty explaining where she was coming from. The case proceeded to trial with Corey Chirafisi initially getting the Court to throw the test result out because there was no indication as to time the client was on the roadway. The Court reversed its decision and allowed the jury to hear the test result of .14.

Attorney Chirafisi was able to argue that the client had made the right decision to get off the road. That her good decision was going to be punished by the state and that was contrary to what we expect our drivers to do. The client had a CDL which made the case that much more important for the client.

The jury was out for 45 minutes and found the client not guilty of both citations. Her job was saved.

Attorney Chirafisi also handled an OWI 1st with a test result of .08 this month. After some discussion of the matter, the prosecution agreed to dismiss the case outright. No amendment, no classes, nothing. Just a straight dismissal.

Not every month ends with three jury acquittals, but we are very happy that the clients had the confidence in our firm to handle these important cases for them. They are all good people who are able to get back to their lives with no problems from these cases.

OWI-1st Dismissal

Attorney Chirafisi also handled an OWI 1st with a test result of .08 in August. After some discussion of the matter, the prosecution agreed to dismiss the case outright. No amendment, no classes, nothing. Just a straight dismissal.

Not every month ends with three jury acquittals, but we are very happy that the clients had the confidence in our firm to handle these important cases for them. They are all good people who are able to get back to their lives with no problems from these cases.