People sometimes ask if they really need a lawyer. We at Chirafisi & Verhoff think a lawyer can be instrumental in making a difference in your case. This matter is a good example of how a lawyer can cut through the red tape and guide a case to the appropriate conclusion. Law enforcement conducted a harassment investigation of a client who suffers from mental health issues. Although police recognized that mental health issues were at the root of the problem, they believed some form of intervention from the justice system was necessary. Originally, the officer issued the client a non-criminal citation for harassment. A supervising officer in the police department decided to void the ticket and referred the case to the District Attorney's Office for the possibility of charging a criminal offense that would have more "teeth." The case sat in the District Attorney's Office for several months before a relatively new prosecutor looked at it. Like the investigating police officer, the prosecutor did not necessarily think a charge should be formally filed. However, the prosecutor thought "something" should be done. A hearing was scheduled (nearly seven months after the original investigation concluded). The client attended without a lawyer. A representative from the DA's Office informed the client that there was a way to avoid criminal charges from ever being issued. The client was told to complete a deferred prosecution program sponsored by the DA's Office. If the client completed the program, the DA would not file charges. The client agreed and met with a social worker from the program several weeks later. Unfortunately, after meeting the client, the social worker recognized that the client had mental health issues that could not be sufficiently addressed through the program. The client was rejected from the program, triggering the automatic filing of a criminal disorderly conduct charge. A family member contacted our office just before the client was scheduled to have a "final conference" before trial. Attorney Tim Verhoff immediately spoke with one of the supervising lawyers in the District Attorney's Office. He explained the situation, discussed the client's mental health issues, and provided information about what the client had done to address the mental health issues since the initial investigation. He was able to explain why intervention through the justice system was clearly not necessary or warranted under the circumstances. The supervisor at the DA's Office listened and agreed. Nearly a year after the investigation started, and one month after hiring our firm, the case was dismissed. Having the right person in your corner advocating for you along the way can make all of the difference in the world.
Felony Injury to Cop Dismissed at Preliminary Hearing
Prosecutors in Dane County charged our client with a felony count of causing soft-tissue injury to a law enforcement officer in relation to the client's arrest following a disturbance at a local casino. At the preliminary hearing, the District Attorney argued the mere fact that one of the officers sought medical attention for a knee injury after the incident was sufficient to establish probable cause. During the hearing, Attorney Tim Verhoff was able to get the judge to order the prosecutor to allow him to review the officer's medical records. Those records revealed the officer suffered a slight scrape to the knee. But the records showed no internal injuries or injuries to the skin that would require stitches, staples, or tissue adhesive. Our attorney argued that the injury the officer suffered did not meet the legal standard of the soft-tissue injury contemplated under the law. The judge agreed, dismissing the felony count against our client.
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.
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 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.
Domestic Charges Dismissed, Dane County
Law enforcement arrested our client after he had an argument with his wife during which he was alleged to have damaged property in the residence. Although his wife did not want the client prosecuted, he was taken to jail. Prosecutors charged him with domestic disorderly conduct and criminal damage to property. Between the time of the arraignment and the final conference, the client took our lawyer's advice and enrolled in counseling. At the last hearing before trial, Attorney Tim Verhoff was able to convince the prosecution, who originally wanted the client to plead to the criminal charges, to dismiss the case outright. Both the client and his wife were extremely satisfied with the outcome.
OWI, PAC with 0.125 Blood Test Dismissed
In this Dane County case, the client was stopped by the Wisconsin State Patrol for speeding. He was clearly disoriented but had several visible injuries, including a head wound. After being arrested for OWI, the client agreed to take a blood test, which resulted in a reported value of 0.125 alcohol concentration. By all appearances, it seemed the client had been physically assaulted prior to the OWI. Our office obtained medical records that documented the fact that the client suffered from a traumatic brain injury. Our firm's licensed private investigator also gathered physical evidence to support the belief that he had been assaulted within the hours before he drove his vehicle. After nearly one year of negotiations, Attorney Tim Verhoff was able to convince the District Attorney's Office that the case should be dismissed because the client never intended to drive while impaired, but was suffering from the impact of an assault when he decided to drive. The prosecutor agreed to dismiss the case prior to jury trial in the interest of justice.
DV Case Dismissed, Dane County
This case is yet another example of why hiring a lawyer before you get charged is so valuable. Our client for was arrested after an argument with his girlfriend in which she claimed he yelled at her in a threatening manner, shoved her, took her phone and threw it across the room. After he was arrested for domestic disorderly conduct and intimidation of a victim, but before a criminal charge was filed, the client hired our office. Although the client admitted to yelling, he denied pushing his girlfriend. Attorney Verhoff contacted the prosecutor assigned to review the case. Our lawyer provided the prosecutor with significant information about the client's background, as well as our client's version of events. This was information not contained in the police reports. Based on this conversation, the District Attorney's Office agreed not to file a criminal charge. Instead, a non-criminal ordinance violation was filed against our client. We also contested that citation. And the District Attorney's Office ultimately dismissed the case before trial. Another great outcome for a Chirafisi & Verhoff client.
Felony Domestic Charge Dismissed
During a fight with his girlfriend, our client was alleged to have broken her phone while she attempted to contact police. He was charged with felony intimidation of a victim, as well as misdemeanor counts of disorderly conduct, battery and criminal damage to property. Attorney Verhoff negotiated settlement of the case with the prosecutor. He convinced the District Attorney's Office to dismiss the felony charge outright. On the remaining charges, he was able to get the prosecutor to agree to a deferred prosecution agreement, meaning the remaining charges will be dismissed after a period of time, provided the client stays out of trouble. Our client, who lives in a different state, had no prior criminal history was thrilled with the outcome.
Felony Hit and Run Causing Great Bodily Harm Amended to Misdemeanor without Injury
Prosecutors charged our client with a felony count of hit and run, causing great bodily harm after he was involved in an accident and left the scene. Police, who investigated the case prior to the client hiring our firm, contacted him about his car being involved in an accident. The client admitted to driving and being involved in the crash. Authorities then filed a felony criminal charge against him. Due to our client's business, he could not afford a felony conviction. Nor could he stay in business if his license was revoked for a period of two years, one of the consequences of being convicted of the felony charge. Although police and prosecutors suspected the client was impaired at the time of the accident, they could not prove an OWI. Understanding our client's needs, as well as the prosecution's desires, Attorney Verhoff worked out a creative solution to the case. Aware that the government would like to get an OWI conviction out of the case, he proposed the client enter a plea and be convicted of a non-criminal first offense drunken driving and in exchange he asked the prosecution to amend the case from a felony causing great bodily harm to a misdemeanor hit and run that did not include injury. Spared the a felony conviction, as well as a prolonged license revocation, the client was very satisfied with the outcome.
Sauk County Judge Throws Out Evidence, OWI at 0.179 Dismissed
At approximately 2:00 a.m. on recent weekend, our client was driving in downtown Baraboo. She was waiting at a stop light with her turn signal activated. Unfortunately, she failed to drive forward for approximately 11 seconds after the light turned green. A police officer traveling behind her conducted a traffic stop. Based on his interactions with the client, the officer asked her to do field sobriety tests. She was ultimately arrested and submitted to a breath test, which lead to a reported value of 0.179. Attorney Tim Verhoff filed a suppression motion, arguing that the client had not committed any driving infractions prior to the stop, and the officer lacked reasonable suspicion to stop her for driving under the influence. After our attorney cross examined the police officer at an evidentiary hearing, the judge agreed and ruled in favor of our client, forcing the prosecutor to dismiss both the OWI charge and the PAC charge. Once again, our attorney received one of the highest compliments a defense attorney can receive. At the conclusion of the case, the arresting officer approached Attorney Verhoff and told him what a fantastic job he had done, as well as how much he learned by being cross-examined by our lawyer.
Injunction Petition Denied, Dane County
In this case, a female colleague of our client sought an injunction against him after she alleged he engaged in inappropriate behavior with her during a business trip. The client hired Attorney Tim Verhoff on the advice of another, local lawyer. At the injunction hearing, the petitioner testified. She stated that she suspected our client drugged her before escorting her to her hotel room and kissing her against her will. She also claimed he contacted her multiple times after the incident. The client denied the accusations. Our lawyer cross examined the petitioner and got her to admit under oath that she consumed more than a half-dozen mixed drinks and a significant amount of wine during the evening. She agreed she was extremely intoxicated and did not fully recall what happened in the room. She also admitted she had no reason to believe our client actually assaulted her. Before Attorney Verhoff could even finish his cross examination of the petitioner, the judge intervened. The judge concluded that she had heard enough and denied the petitioners request for an injunction.
Not Guilty Verdict in OWI/PAC at 0.14
Our client was traveling home from a wine-pairing dinner party. Unfortunately, the headlights on her vehicle were not on and the Maple Bluff Police Department stopped her. The officer smelled an odor of intoxicants, and the client admitted to consuming wine during each course served at the meal. The officer had her perform field sobriety tests and then arrested her. The client agreed to take a breath test, which resulted in a 0.14 alcohol concentration. One of our previous clients recommended she hire Attorney Tim Verhoff to help. The case proceeded to trial during which Attorney Verhoff cross examined the arresting officer at length. At the conclusion of the trial, Attorney Verhoff argued to the judge that the arresting officer lacked a constitutional basis to request the client perform field sobriety tests, and as a result, all evidence gleaned from the tests should be excluded. The judge agreed and suppressed the evidence. He then found the client not guilty of the OWI and the PAC charges. On an interesting side note, another officer from the police department, who was not associated with the case, came to watch the entire trial. He was the arresting officer in a previous case for which Attorney Verhoff secured an acquittal. The officer told our lawyer he came because he wanted to see him "in action again" and that he learned a lot from the earlier case. He then paid our attorney one of the highest compliments a defense lawyer can receive. As he was consoling his defeated colleague, he said, "At least you now know who to call if you ever get into trouble."