OWI 4th - amended to OWI 1st Offense - Clark County

We have mentioned the value of collaterally attacking a prior conviction. We make an effort to do that whenever we can. In this case, the client was charged with a felony level OWI. THe case wasn't particularly strong on the facts, however, the client had 2 uncounseled prior convictions. We were able to locate the information on those prior charges and challenged the prior convictions in circuit court. After the hearing, the state conceded that they could not defend the prior convictions and agreed to amend the charge to a 1st offense.

Instead of a felony level convictions, client received a fine of $150 and was not convicted of any crime.

OWRCS #2 - Delta 9-THC present - Dane County- Case dismissed

At first blush, the case looked difficult. Client had THC in his system making the charge a strict liability offense. If the government could prove the operation of the vehicle, they can get a conviction.

The police report indicated that the office pulled into a gas station and the client's vehicle was running, in a parking stall and the client was passed out. The officer indicated she had to pound on the window to wake the client.

The video showed a much different story. The officer never went up to the window. The client opened the car door for the officer. We had the officer in a clear misstatement. Attorney Chirafisi filed a motion to suppress the stop of the vehicle.

The state didn't even want a hearing on the case. They conceded the motion without a hearing. Can't really do much better than that.

Dane County OWI 4th, PAC .25 - Case dismissed at preliminary hearing

We are strong believers in doing preliminary hearings, unless the state gives the client a reason to waive the hearing. In this case, Dane County has a "policy" of not making offers at prelims, that policy ran into our "policy" of not being a doormat for the government.

The state attempted to introduce the test result, something which would have clearly gotten bindover, however, Attorney Chirafisi objected as there was no information the test was taken within 3 hours of driving. Court would not allow the test result to be admitted.

The State attempted to establish driving but didn't know the law on what constituted "operation" under the drunk driving laws. Attorney Chirafisi successfully argued to the court that operation was never established and the court dismissed the felony OWI.

The other part of this case which will be important moving forward is, the client has 2 other pending OWI charges. This case would have subjected him to a presumptive prison sentence. Not anymore. Client was beyond happy with the result.

Disorderly Conduct Dismissed, Dane County

Sometimes the most simple solution is the best outcome for everyone. Our client got into a physical altercation with her adult sister with whom she lived. The client was booked into the jail on a charge of domestic battery, but the prosecution issued a lesser disorderly conduct charge. Prior to trial, our attorney worked out an agreement that made sense for everyone, particularly our client who had no prior record. The prosecution agreed that if our client found a new place to live, the charges against her would be dismissed. Fortunately, our client located a new apartment. We provided a copy of the new lease to the prosecutor, who dismissed the case against her.

Criminal Domestic Case Amended, Dane County

The Dane County Sheriff's Department arrested our client for a domestic disturbance with his wife. The couple got into an argument while driving. Our client was accused of calling his wife names and punching the dashboard. Our client, who called 911, told police his wife hit him during the incident. The District Attorney's Office filed a criminal charge of domestic disorderly conduct against him. Although we thought our client had a very good trial case, he was worried about trial risks and the possibility of collateral consequences if convicted of a criminal offense. Attorney Tim Verhoff negotiated an outcome that helped the client meet his goals of avoiding a criminal conviction and any collateral consequences without risk. Under the terms of a settlement agreement, the prosecutor amended the criminal charge to a non-criminal ordinance violation, which is the legal equivalent of a traffic citation and the client agreed to pay a modest forfeiture. When our attorney let the client know of the outcome, he told our lawyer it exceeded his original expectations for the case.

Evidence tossed, OWI/PAC-2nd Dismissed

Another outstanding result in this Dane County case. Our client and her spouse were parked in their van with the engine running, looking at the stars in a county park. Unfortunately, it was about 45 minutes after park closing hours.

A sheriff's deputy made contact with our client and her husband and started asking questions. Ultimately the encounter resulted in our client being arrested. She was charged criminally with a second-offense OWI and PAC at a 0.11 concentration.

Prior to trial, Attorney Tim Verhoff filed two motions to suppress evidence. In the first motion, our lawyer alleged a Miranda violation and sought suppression of the client's statements. In the second motion, he argued that without the statements, taken in violation of Miranda, there was insufficient evidence for the deputy to have suspected impaired driving, making his request for the client to perform field sobriety tests and the breath test unlawful.

The prosecutor reviewed Attorney Verhoff's motions, consulted with other prosecutors in the DA's Office and even conferred with a lawyer from the Wisconsin Department of Justice who specializes in OWI prosecutions. They all reached the same conclusion. Our attorney was correct in his argument, and the government had to concede both motions. The judge also agreed and suppressed the evidence, leaving the prosecution unable to move forward on the criminal charges and with no options other than asking the judge to dismiss the case.

OWI 1st/PAC .21 (Dane County) All Evidence Suppressed, Charges Dismissed

The great results keep on coming. This case was an OWI with a high test result (over .20). The case had an interesting fact pattern. The client was stopped in downtown Madison at approximately 11:00 p.m. by an officer because the officer believed that she smelled the odor of marijuana coming from the client's vehicle. The officer stated she followed the vehicle for blocks and the odor did not dissipate while she was following the client. Ultimately, she pulled the client over and he was arrested for Operating While Intoxicated.

Attorney Chirafisi filed a motion challenging the stop of the vehicle. The court indicated that the initial impressions was the officer did have a reason to stop the client's car. After the cross examination of the officer, the court indicated the officer's report did not match the video of the incident and the court suppressed all the evidence related to the case. The DA then moved to dismiss the case.

Can't do better than that. Great outcome for a really good client.

3 More Cases Dismissed

In the last 10 days, Chirafisi & Verhoff has had 3 outcomes in cases which are worthy of mentioning. 2 OWI cases and a possible sexual assault charge. Each client walked away with no record of any kind.

Case No. 1- OWI 1st/BAC .12- Case dismissed by prosecutor.

The client was stopped because he was squealing his tires in downtown Prairie du Chien at bar time. A police officer was patrolling downtown and observed the violation, pulling the client over. What flipped the case was the video (as it is many times). On the video, after placing the client under arrest, the officer began to speak to him regarding possible penalties if he either agreed to, or refused the blood test. The problem was the information the officer provided was incorrect. Attorney Corey Chirafisi filed a motion to suppress the test result and the prosecutor simply conceded the argument and informed the court that he was dismissing the matter. No amendment, just a complete dismissal.

Case No. 2- precharge on possible charges of Intercourse with an Unconscious person- Dane County.

As we have mentioned many times in the past, we do quite a bit of pre-charge representation. If a client believes charges may be forthcoming, we get involved and usually can help with the case right from the start. In this case, the client believed that he might be charged for a consensual encounter with a woman the evening before. She had filed a restraining order against the client. We handled that matter, got it dismissed. Then the police came calling. Obviously, the client made no statements and he did comply with a DNA test. After approximately 8 months, law enforcement called and informed Attorney Corey Chirafisi that they were not going to forward charges to the DA, they did not believe they could prove the case. Client was able to avoid any charges and the restraining order was denied.

Case No. 3- OWI 2nd/BAC .258

This is a follow up from an early post where Corey Chirafisi was able to convince the trial court to throw out the clients blood alcohol concentration test of a .258. However, the driving in the case was terrible. The video, which usually helps, was very bad for the client. He was slurring his words, couldn't follow directions and just looked drunk. The case was amended from an OWI to Negligent Operation of a Vehicle. That is great, the client was able to get out of an OWI. What was better was at the end of the hearing, the court expunged the charge of Negligent Operation. No record of any kind. Result could not have been better.

OWI/PAC at 0.09 Amended to Reckless Driving

A Middleton police officer stopped our client shortly after 1:00 a.m. after he rapidly accelerated from a stop light, causing the tires to squeal. Upon contact, the officer noticed a strong odor of alcohol coming from our client, as well as red and glossy eyes. The client admitted that he had been consuming alcohol at a nearby bar.

After conducting field sobriety tests on the client, the officer placed him under arrest and took him for a breath test. The reported value was a 0.09 alcohol concentration.

During pretrial negotiations, Attorney Tim Verhoff raised questions about the basis for the traffic stop. He also was able to produce an alcohol curve to the prosecutor to demonstrate the client's alcohol concentration was likely less than 0.08 at the time of driving. After speaking with our lawyer, the prosecutor agreed to dismiss the PAC citation and amend the OWI to a reckless driving citation. Given the problems our lawyer pointed out with the case, the judge approved the amendment and imposed a modest fine on the reduced charge for reckless driving.

Dane County Drug Charge Expunged

Law enforcement suspected our client of being a drug dealer. In a coordinated effort that included authorities from the State Department of Criminal Investigation, police targeted the client with a plan to arrest him and search his vehicle. Police followed him in his car and waited for him to violate a traffic law. Authorities ultimately stopped him for speeding, searched his vehicle and found several jars filled with more than 100 grams of marijuana. Prosecutors filed a criminal drug charge against the client. In a negotiated resolution, Attorney Tim Verhoff brokered a deal in which the client entered a plea to the misdemeanor charge of possessing marijuana. The judge ordered him to complete 32 community service hours, but authorized the expungement of the case upon the client's completion of the community service and payment of court costs.

Resisting Case Dismissed, Dane County

Prosecutors charged our client with resisting an officer based on an incident at a BLM protest in Madison last year. Authorities were taking another protester into custody when our client allegedly attempted to intervene and remove a spit hood (which police had placed on him) from his fellow protester. As authorities attempted to stop our client from removing the spit hood and take him into custody, he fled from the scene. Police used video evidence to identify the client and arrested him on a later date. The client and his family were rightfully concerned about how the arrest and criminal prosecution would impact his future, including his college plans. Attorney Tim Verhoff negotiated a settlement with the prosecution. Our client performed community service, and the District Attorney's Office agreed to dismiss the case against him outright.

Court Lacks Jurisdiction, Upholds Win for Client

We won't quit. Nor should you. This is a follow-up to a recent post about an OWI/PAC case that both of our attorneys have been working on for several months. The defendant initially was charged in municipal court with OWI and PAC. After a court trial, the municipal judge found the client guilty of the OWI but dismissed the PAC charge. When we appealed the OWI case to circuit court to seek a jury trial, we learned the municipal judge attempted to reinstate the PAC charge on his own.

We did not believe the municipal court had the authority to simply reinstate the PAC charge, and we moved the circuit court to dismiss the PAC case, making an argument that the municipal judge never actually found our client guilty of the PAC charge. Over the objection of the prosecutor, the circuit court agreed and dismissed the PAC charge.

Despite the ruling in circuit court, the prosecutor then sought to revive the PAC charge in municipal court, where the case was again scheduled for a hearing. At the hearing, we objected to the municipal court even hearing the prosecution's new motion, arguing the municipal court lost jurisdiction once the case was removed to circuit court. As such, we argued the municipal judge was now bound by the circuit court's decision. This time, the municipal judge agreed and concluded the prosecutor was not entitled to a hearing on the matter, meaning the client can never be convicted of the PAC charge originally filed against her.

OWI-6th and Motion Hearing Outstanding Results

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.

Friday- We normally don't ever post about sentencing hearings, but we feel this one warrants mention. The client was charged with an OWI 6th offense, his alcohol concentration level was .34. That is 17 times the legal limit for the client. He also picked up his 6th offense while he was out on bail for a 5th offense. The 6th offense was in a notoriously difficult county and presented many challenges to avoid a prison sentence. One issue is the law now presumes that the client will go to prison on a 5th or 6th for at least 18 months.

By the time the sentencing was over, the client received a sentence of probation with county jail time. The prosecutor even sent a nice email to Attorney Chirafisi describing his sentencing argument as eloquent and praising him for the work he did for his client.

Attorney Chirafisi then did a motion hearing to throw out a blood test result of a client who had a .25 blood alcohol concentration after a crash. The state did not concede this motion. In fact, they called an expert from the lab of hygiene to testify about the defendant's alcohol concentration level. After Attorney Chirafisi finished questioning the expert from the lab, the court found that the testimony of the expert would be pure speculation and the court barred the expert from testifying.

Not every week is like this, but with the pandemic and courts not running at full speed, we think these results are worthy of a mention.

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.