Law enforcement in Columbia County stopped our client for speeding, which quickly turned into a drug investigation. The arresting officer smelled the odor of marijuana coming from the vehicle. Our client and his passenger, who authorities described as appearing nervous, admitted to smoking a few hours earlier. Police searched the vehicle and located marijuana, MDMA, and a loaded, short-barreled shotgun. Our client was arrested and charged with a felony for the weapon offense and a misdemeanor for possessing controlled substances. Through negotiations with the prosecution, Attorney Tim Verhoff was able to obtain a plea agreement in which the District Attorney dismissed the felony gun charge. Our client agreed to plead to a misdemeanor drug possession charge and pay court costs. While he admitted he made a huge mistake, the client was very happy to avoid a felony conviction, incarceration, and probation.
MDMA Conspiracy Expunged, Dane County
After receiving information from the Department of Homeland Security and Customs and Border Patrol about a suspicious package destined for Madison from JFK International Airport, local law enforcement set up a drug sting. Through the investigation, law enforcement determined that 262 grams of MDMA was being mailed to a home in Madison from a location in Slovenia. Our client, who lives more than 100 miles away from Madison, was arrested in the sting after the Madison homeowner who received the package contacted him and asked him to come to retrieve the package delivered to her home. The Dane County District Attorney's Office initially charged our client with conspiracy to deliver designer drugs, a Class C Felony, carrying a penalty of up to 40 years in prison. Our Attorney, Tim Verhoff, worked the case and was able to convince the prosecutor to amend the charge to a substantially lesser offense that could be expunged. The case was resolved short of trial with the judge approving an agreement for an expunction of the case upon the client's successful completion of a probationary period. Needless to say, the client, who had no prior criminal record, was quite relieved to get a second chance at a clean record.
Domestic Criminal Case Dropped, Dane County
In this case, the client was with his wife at a bar in downtown Madison. An employee at the bar flagged down a member of the Capitol Police Department and reported a disturbance between them. The client was arrested and charged with domestic disorderly conduct. After our attorney reviewed the police reports and discussed the inconsistent witness statements with the District Attorney, the prosecution agreed to amend the criminal charge to a non-criminal violation that is legally equivalent to a parking citation. For penalty, the judge did not even impose a fine, but simply imposed court costs.
OWI Amended to Reckless Driving
An employee from a local fast-food restaurant contacted the EMS and the Sun Prairie Police Department after locating her and a passenger asleep in the drive-through lane with the engine running. The client admitted to authorities that she consumed alcohol earlier in the evening and agreed to take a breath test, which produced a 0.08 test result. She was arrested and charged with OWI and PAC violations. Through negotiations with the prosecution, Attorney Verhoff was able to obtain a highly favorable outcome short of a trial. The prosecutor agreed to dismiss the PAC charge outright and amended the OWI to a reckless driving citation. The client, who was ecstatic with the end result, avoided the OWI/PAC conviction, a hefty fine, and a lengthy license revocation.
Going Armed While Intoxicated and Possession of THC
Client was arrested as a passenger in a vehicle which was stopped for speeding. The police did an OWI investigation of the driver and when they located evidence in plain view (THC) they searched the vehicle. The defendant was alleged to have been impaired and was carrying a firearm on her person. The police also found a small amount of THC on her person as well.
The way we were able to get the evidence suppressed dealt with the unlawful blood draw of the client. The client did not initially consent to the blood draw, that was until the officer told her that he would take her to the station and get one without her permission. The client then consented to the draw. The problem was, the officer threatened her, thereby making her consent involuntary. We filed the motion on the unlawful draw and the prosecution conceded the motion and dismissed the criminal charge without a hearing. The prosecution then amended the THC charge to an ordinance violation. Avoiding the criminal conviction made the client extremely happy.
OWI/PAC 4th offense- amended to Obstructing for a Fine
This case had enormous possible consequences for the client. A 4th offense is not only a felony, this case would have required the client lose his driver's license for a minimum of 10 years.
He was stopped for not wearing his seatbelt and having snow covering his license plate, making it unreadable.
Because it was a 4th offense, the client's prohibited alcohol concentration was a .02.
The officer believed the client failed field sobriety tests and placed him under arrest. The client's blood was drawn and he was over the legal limit at a .03.
After back and forth negotiating with the prosecutor, an agreement was reached where the client would enter a plea to a misdemeanor and pay a $200.00 fine. No jail, no felony and no loss of driver's license.
OWI 2nd offense-PAC- amended to Reckless Driving
A 911 call was placed by a bartender to the police for a "passed out" man in his vehicle in the parking lot of the bar. The vehicle was running and the bartender could not wake the man. Police arrived and the OWI investigation started. The bad facts; the client had urinated in his pants (which the cops were able to see), the vehicle was running and the client was unable to successfully complete field sobriety tests.
His test result was over the legal limit at a .09.
After reviewing the case, we were able to challenge the blood test. The state conceded our motion on the blood and the court suppressed the test result.
The case was still not over as the state had good evidence of impairment. The case was resolved for a reckless driving ticket with a fine. No jail time, no criminal conviction. Client was very happy.
Injunction Dismissed, Dane County
Our client, a member of the military, returned from deployment and moved in with his girlfriend. The relationship was strained, and the couple had a significant argument that night. The next day, the girlfriend sought a harassment injunction against the client and he was served with a temporary restraining order. As a military member, this was significant because people subject to an injunction can be prohibited from possessing firearms, meaning a career in the military could be in peril. Our attorney was able to reach the client's girlfriend in advance of the hearing on the permanent injunction. Attorney Verhoff was able to broker a deal in which the client signed a contract, agreeing to move out of the apartment and have no contact with his girlfriend, provided she agreed to voluntarily dismiss the injunction petition.
No Charges In Theft Case
In this case, Dane County law enforcement sought multiple criminal charges against our client after he was alleged to have gone through mailboxes in his neighborhood, removing mail, stealing money, and cashing a check. In speaking with the client and his parents, it was clear the client suffered from significant mental health issues that contributed to the conduct. Attorney Tim Verhoff was able to contact the prosecutor who was reviewing the case for charges. She informed him that she planned to file nearly a dozen criminal counts against him. However, Attorney Verhoff provided the prosecutor with documentation regarding the client's mental health issues. In a calculated move, he also agreed to have the client make a statement about the incident. The move paid off, as the prosecutor agreed not to file formal charges against the client. Instead, she agreed to have him participate in a deferred prosecution program. Assuming the client successfully completes the program, he will never be formally charged in the criminal justice system. This was a wholly appropriate outcome under the circumstances.
OWI Reduced to Reckless Driving
A Madison police officer stopped our client for speeding late one evening. Upon contact with the client, the officer suspected he was impaired because the client handed the officer a credit card, rather than his driver's license. The officer also smelled an odor of intoxicants, and the client admitted to consuming alcohol. The officer put our client through field sobriety tests. Although the client performed well, the officer had enough evidence to arrest him for OWI. The prosecution initially offered the client a settlement agreement to dismiss the speeding citation if the client entered a guilty plea to the OWI charge. Attorney Tim Verhoff reviewed the reports and the video evidence. He met with the prosecution, and pointed out all of the problems he believed the city attorney would have in proving the OWI case. Prior to trial, the prosecutor made a new offer. This time, the city attorney agreed to dismiss the speeding ticket and reduce the OWI to a charge of reckless driving, provided the client agreed to a 30-day license suspension. Wanting to avoid a possible OWI conviction, the client gladly accepted the offer.
OWI 4th/PAC- Felony Charge Amended
Although courts are not operating as usual because of the COVID pandemic, Chirafisi & Verhoff are still getting outstanding results for clients.
The client was over the legal limit for him, which is a .02, but under the legal limit of .08. After back and forth with the DA on the case, the prosecution agreed to amend the charge to misdemeanor Negligent Operation Off Roadway. The big get for the client in this case was he saved his license for life. A conviction on the OWI would have led to a lifetime revocation with the possibility of an occupational after 10 years, that is no longer a concern. No felony conviction, no jail time and no loss of license.
Delivery of THC (3 Counts) - Dismissed
Although courts are not operating as usual because of the COVID pandemic, Chirafisi & Verhoff are still getting outstanding results for clients.
Again, another precharge case which we were able to step in and assist the client in avoiding a criminal conviction. Client is a young man from a great family. He was charged with Delivery of THC, however, when learning some facts about the case, the client was asked by his friend to get him THC and based on their friendship, the client agreed. That ultimately led to charges.
We were able to show the DA what actually occurred and how the charges were unjust. The DA ultimately agreed that the defendant's case should be dismissed and did so at the initial appearance. Client was thrilled. No conviction of any kind.
Second Degree Sexual Assault- Precharge Diversion Agreement Entered Into
Although courts are not operating as usual because of the COVID pandemic, Chirafisi & Verhoff are still getting outstanding results for clients.
We do quite a bit of "precharge" cases. Those are cases where charges haven't been filed, but very likely will be. Getting a lawyer to gather evidence and work on the case before charges can be filed are incredibly helpful, as this client found out.
Client was referred to Corey Chirafisi regarding 2 counts of sexual assault. Both counts would have been charged as 2nd degree Sexual Assault. They would have required lifetime sex offender registration and potentially prison time. We worked with the DA's office on the case and ultimately resolved all charges with an uncharged deferred prosecution agreement. The client did not have to plead to any charges and was never convicted of anything. If he completes the terms of the agreement, the possibility of charges are gone forever. The great part of the agreement for the client is that if something goes wrong with the agreement, he has the opportunity to fight the case on its merits.
OWI 2nd-THC and .09- Amended to Reckless Driving
Although courts are not operating as usual because of the COVID pandemic, Chirafisi & Verhoff are still getting outstanding results for clients.
Client was called in by a bartender who was leaving after close and noticed the vehicle running in the parking lot. The client was behind the wheel, sleeping. Bartender couldn't wake the client so she called the police. Officers watched the video showing the client entering the parking lot and parking truck, never getting out and going inside the bar. The worst fact of the case was it appeared that the client had urinated in his pants while sleeping in the truck.
There was an alleged refusal and a search warrant was issued for the client's blood. The first challenge to the case was the warrant. It was woefully lacking in probable cause. Corey Chirafisi challenged the warrant and to his surprise, the government conceded the warrant was invalid. They never raised the issue of the "good faith exception" so the court suppressed the test result.
That led to the government amending the case to reckless driving. Client avoid jail, AODA and license revocation.
Criminal OWI-2nd, RSC-2nd Amended to Civil Citation
In this Dane County case, our client was charged with OWI-2nd Offense and Operating with a Restricted Controlled Substance-2nd Offense after the Madison Police Department arrested him following a traffic accident. Police were called to the report of a driver stuck in a snowbank. Upon arrival, officers located the client and smelled the odor of marijuana, though the client denied smoking. He agreed to submit to standardized field sobriety tests, after which authorities arrested him and transported him to the hospital for a blood draw. The blood test results showed the presence of delta-9 THC in the client's system. Although the narrative police reports stated the client agreed to take a blood test, Attorney Tim Verhoff watched the video evidence, which revealed the client had actually agreed to a urine test, not a blood test. Our attorney then filed a motion to exclude the test results, arguing the test results were unlawfully obtained because the client never actually consented to a blood draw. Attorney Verhoff also told the prosecutor that even if the judge allowed the evidence, the District Attorney would have difficulty proving the client smoked marijuana before driving, rather than smoking it after he got stuck in the snowbank and while he was waiting for a friend to come assist him. The judge scheduled a hearing on our motion. Prior to the hearing, the prosecutor agreed that he had trouble with the case and offered to resolve the matter by amending the OWI to a non-criminal traffic ticket for reckless driving and dismissing the RCS charge.
Weapon Case Declined, Iowa County
This matter is another example why it is better to hire an attorney before you are charged with a crime than wait until after charges are filed. The client, retired from the military and licensed to carry a concealed weapon, was out walking on a nature trail with his wife, who suffers from a variety of medical ailments. They came upon individuals who were walking unleashed dogs. The dogs rushed toward the client and his wife, not responding to the owners. Frightened for his safety and the welfare of his wife, the client yelled at the dogs to stop. But it was to no avail. He then removed his firearm from his holster in the event he would need to use it and pointed it at the ground. Fortunately, the owners were able to get the dogs under control before anything happened. Upon seeing a firearm, however, the dog owners notified law enforcement. Two deputy sheriffs contacted the client and took a statement from him, indicating they were going to refer the case to the District Attorney's Office for criminal prosecution. The client immediately contacted our office. Attorney Tim Verhoff was able to obtain a significant amount of information from the client regarding his background and the circumstances with the dogs. This was information that was not included in the police reports. Our attorney then contacted the District Attorney's Office to present the additional information to the prosecution and to present arguments as to why, if anything, the client was engaged in self-defense and the defense of others. Our lawyer argued that no criminal charges were necessary. After reviewing the information from our attorney, as well as the police reports, the prosecutor agreed and declined filing charges. He also thanked our attorney "for reaching out to our office preemptively on this matter." Needless to say, the client was relieved.
Criminal Threat Charge Amended to Civil Ticket, Rock County
Prosecutors in Rock County charged our client with criminal disorderly conduct after he made comments about shooting someone while he was in his workplace. The client admitted his statements reflected poor judgment, but he claimed he never actually intended to engage in any violent acts and the comments were taken out of context. During lengthy negotiations with the prosecution, our attorney was able to explain our client's side of the story. Our lawyer argued that the client was remorseful about conduct, and he suffered a punitive sanction in the form of termination from his job. The prosecutor agreed without our argument and amended the case from a criminal charge to a non-criminal violation of the county ordinances (essentially the legal equivalent of a parking citation). The client, who is in his mid-60s and had never been in legal trouble in his life, was thrilled to avoid a criminal conviction.
2nd-Degree Sexaul Assault Dismissed
The Dane County District Attorney's Office filed a felony charge of second-degree sexual assault against our client, alleging he inappropriately fondled a woman who was serving as a family babysitter. The client was referred to our firm by a different lawyer in the Madison area. During the initial consultation, the client's family members informed our lawyers that the client was suffering from serious medical problems involving his brain. These medical issues could have played a part in any alleged conduct if true. After multiple meetings, however, it became clear to Attorney Tim Verhoff that due to his medical issues, the client was not able to assist in his own defense. In short, the client lacked the ability to form short-term memories. Prior to the preliminary hearing, our lawyer raised the issue of competency to the judge. The assigned prosecutor initially was skeptical. However, the judge ordered an evaluation by a government doctor. After the evaluation, the doctor agreed with our attorney's hunch that the client was not competent to proceed in the case. Still skeptical, the prosecutor asked the court to suspend proceedings and an order for a second evaluation to be completed. The second evaluation produced the same results. Pursuant to a reasonable degree of medical certainty, the client was not competent and was not likely to regain competency due to his brain condition. Given the circumstances, the prosecutor agreed to dismiss the charge against our client. Although the client's mother remains devastated by her son's medical condition and prognosis, she was appreciative that we immediately recognized the legal problem and obtained the appropriate outcome as quickly as possible.
Disorderly Conduct Dismissed
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.