Motion Granted for Privileged Records of Witness

Normally, we only post results once a case is completed. However, we had some results in cases this week that we feel compelled to share. While some of the cases are not concluded, we will make sure to let you know how they turn out.

Thursday- Client is charged in a multi count complaint alleging three (3) counts of sexual assault. After receiving the reports in the case, Corey Chirafisi believed there was a motion to get the privileged psychological records of the complaining witness. The motion can be difficult to win, however, it can also provide very useful information if granted. The records are initially reviewed by the judge.

We filed the motion seeking five (5) different records from counselors regarding the past psychological counseling of the witness. Prior to the hearing, the prosecutor called and informed us that he was not going to object to the records being reviewed by the judge. The judge granted the motion in its entirety.

OWI-4th Amended from Felony to Misdemeanor

Normally, we only post results once a case is completed. However, we had some results in cases this week that we feel compelled to share. While some of the cases are not concluded, we will make sure to let you know how they turn out.

Tuesday - We had a hearing waiting for a decision from the judge to determine whether or not to grant the client's motion for a collateral attack on one of her prior convictions. It was an extremely important motion as the client was charged with an OWI 4th offense. If successful, the charge would not only be amended from a felony to a misdemeanor, it will also change the client's legal alcohol concentration from .02 to .08. That mattered in this case, as the client had a blood alcohol level of .07, which would have put her under the legal limit. The morning of the judge's decision the prosecutor called and admitted that they could not defend the collateral attack and amended the charge to a 3rd offense. Client is now not going to be a felon and goes into the trial, under the legal limit. Good day.

Felony Drug Case, Juneau County

When a Wisconsin State Trooper conducted a recent traffic stop on the interstate, it turned into much more than a routine OWI investigation for one of our out-of-state clients. After detaining the client for weaving, the trooper ran the client through field sobriety tests and arrested him. The trooper asked the client if he had any weapons on him, and the client informed him there were two loaded handguns in the car. He also admitted to having marijuana and money. During a vehicle search, authorities located the guns, a mason jar filled with marijuana, and approximately $70,000.00 cash, banded in $100.00 bills. Prosecutors charged the client with a felony for possessing THC with the intent to deliver. They also charged him for possessing a firearm while impaired and for the OWI. The client hired our lawyer, Attorney Tim Verhoff, after a different lawyer in the Madison area recommended him. Ultimately, Attorney Verhoff was able to explain to the prosecutor why the client was carrying so much cash and weapons. Although the client agreed to plead guilty to the OWI charge, our lawyer negotiated an outstanding resolution in the criminal matter. The prosecutor agreed to dismiss the weapons charge outright. After hearing our explanation on the money, the prosecutor also agreed to amend the felony drug charge to a non-criminal violation of the Juneau County Code of Ordinances for possessing paraphernalia. But wait, there is still more! The prosecutor also agreed to return the weapons to our client, as well as all of the cash that was seized.

Domestic Assault Case, Dane County

A constellation of bad facts presented an uphill battle when the client called us about this case. For starters, it was not the first time the client found himself in trouble with the law. Attorney Tim Verhoff represented him in two, separate criminal cases a few years ago. In each of those matters, our attorney was able to obtain outstanding results. One case was dismissed outright prior to trial. The second case was amended from a criminal charge to a non-criminal citation on the eve of trial. The second challenge in this matter was that the client, who was alleged to have been drinking heavily when he grabbed a baseball bat, threatened his wife and slapped her legs, admitted his conduct when police arrived on scene. Prosecutors charged him with domestic battery and disorderly conduct while armed. The DA could prove this case if it went to trial. Was there any way to avoid a criminal conviction yet again? Yes, there was. Due to the client's prior history, the prosecutor initially wanted him to be convicted and supervised on probation. But through negotiations, Attorney Verhoff was able to convince the prosecutor why a deferred prosecution agreement made more sense for everyone involved. Ultimately, the DA agreed. Both charges now are scheduled to be dismissed as soon as he completes the deferred agreement.

OWI/PAC 1st- Appeal from Municipal Court- PAC charge thrown out by Court

The moral of this story is don't get pushed around. We had a case in municipal court, the defendant was charged with OWI, PAC and another traffic citation. A trial was held on those citations at which time the judge found the client guilty of the OWI and traffic citation and dismissed the PAC charge.

As we were preparing to appeal the case to the circuit court, the municipal court judge was informed of our decision and on his own motion decided to try and reinstate the PAC charge.

We did not believe the court had the authority to just reinstate the charges, so we moved the circuit court to dismiss the PAC charge on the grounds that the court never expressly found the client guilty of the charge.

Of course, the prosecution objected and after written and oral arguments to the court, the circuit court judge agreed with our position and dismissed the PAC charge.

Do the work. Follow through. Those are things we strongly believe in at this firm. That is the reason we get the results we do.

Forgery/Uttering Dane County-Case Dismissed at Preliminary Hearing

In our opinion, lawyers today waive preliminary hearings far too often. We believe those hearings can be an essential piece to setting up a client's defense, and in some cases, getting the case dismissed.

Client was charged with forging his ex-wife's signature on family court documents which were then presented to the family court commissioner. To make the matter more interesting, the client's own lawyer told police investigators that the document containing the alleged forgery was provided to her by the client.

Attorney Corey Chirafisi believed two things; first, the way the state had charged the case would prevent the state from being able to establish each element of the charge and second, the statement made by the lawyer had to be excluded.

At the preliminary hearing Attorney Chirafisi objected to any statements made by the client's family lawyer on the grounds of attorney-client privilege. The court ultimately granted that objection and precluded the state from introducing any of those statements.

Then Attorney Chirafisi pointed out how the state could not meet one of the elements of the charge. The court ordered the matter to be briefed by the parties. After briefing was complete, the court agreed that the facts did not support the felony charge of forgery and the case was dismissed.

Having preliminary hearings doesn't happen with many law firms, we think that in some situations, they are invaluable. This case showed just how valuable they can be.

DA Amends, Then Dismisses Multiple Counts of Identity Theft

Our client, a young college student, found a credit card in his residence hall. Unfortunately, rather than simply returning the card to its owner, he used it on multiple dates to purchase food. The resulting criminal investigation led to authorities charging him with five felony counts of identity theft. He also faced disciplinary consequences from the university. Attorney Tim Verhoff met with the client several times to get a better idea of why he engaged in the conduct. When they met with authorities from the university, our attorney was able to present this information, and the client was able to continue his enrollment. In the court system, our attorney used the same approach. Although the prosecutor was reluctant at first, Attorney Verhoff was able to convince the DA to amend three of the felony charges to misdemeanor offenses and dismiss two of the felonies outright. On the remaining three misdemeanors, as amended, our lawyer reached an agreement with the District Attorney's Office to resolve the case by having the client participate in a deferred prosecution program with a dismissal of all the charges upon completion. Needless to say, the client and his family were thrilled with the outcome.

Felony Gun Charge Dismissed

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.