Child Pornography Charge- No Jail- Dane County

Normally, we do not post about cases where a plea agreement was reached, unless the terms of the agreement warrant further discussion, this case meets that requirement.

Client was charged with 3 counts of Child Pornography. If the client was convicted on any of the charges, there is a 3-year minimum mandatory prison sentence. It doesn't matter the number of images, or the persons lack of record, the sentence must be 3 years in prison.

Client had a search warrant executed on his residence and in the course of that search, law enforcement located approximately 6 images in various electronic devices. The client made a statement to law enforcement which, frankly, didn't help.

Corey Chirafisi was able to secure an expert who reviewed the images and location where images were found. Through that work, it was determined that the client likely lacked the ability to actually retrieve the images. Further, the lack of dates associated with the images provided the defense with an out, the state had to prove the images were accessed within the statute of limitations.

After discussion with the prosecution, they agreed to amend the charge to allow an "out" for the minimum mandatory sentence. They agreed if the case was resolved, they would recommend no jail on the case.

At sentencing the court commented on the work done by defense counsel and agreed to follow the recommendation for no jail time. A very unusual result for a very happy client.

OWI/PAC 2nd .15 (Dane County) Evidence Suppressed, All Charges Dismissed

This case involves a client who crashed his vehicle off the interstate into the cement barriers which are sometimes located near the median areas. When the police found him he had no shoes on, was covered in mud and stated he had been drinking shots, beer and mixed drinks.

The mistake the officer made was moving the client to a different location to perform field sobriety tests. Officers are allowed to do that, except, there is a limitation on the distance they can move someone who is not under arrest. We had a motion hearing on the distance the officer moved the client and the court found that the distance was too great. The court then suppressed the test result in the case which was a .15. The state could have tried to move forward with the accident and observations of the client. Thankfully, the state moved to dismiss all the charges. Great result on a motion that isn't filed that often.

9 Counts in 2 Criminal Complaints Dismissed. Minimum Mandatory 25 year sentence - Dane County- Over 240 years of possible imprisonment dismissed

We have been saying for some time that our results are uncommon. No case we have handled better illustrates that fact than this one.

Client was charged in a case which gained attention based on his job, a teacher at a middle school.

He was initially charged in a 4 count complaint with among other things, first degree sexual assault of one of his students.

Almost 2 years later the child accused the client and his roommate of sexual assault, adding 5 additional counts to the charges. The new charges added a twist, the allegations triggered a minimum mandatory sentence of 25 years to two counts. Meaning if the client was convicted he would have to serve 25 years in prison before the possibility of release.

We filed a motion to dismiss the case because the police destroyed an interview with the child where the child denied he had ever been assaulted in any way. We also dug in and did the “hard shit” getting experts to go through forensic evidence. That evidence established the child was clearly lying about the allegations. We presented that evidence to the DA, along with our motion to dismiss.

Prior to the hearing, which has been a staple in our cases lately, the DA simply moved to dismiss all charges. It is the 3rd case in a row, handled by Corey Chirafisi that the hearing never actually took place, instead the government simply dismissed the charges.

We believe that these results are better than other firms. We are happy to put these results up against any other firm.

The client can try to piece his life back together after 2 long years. We are thrilled to be a small part of that process.

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.

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.

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.

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.

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.

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.  

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.

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.

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

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

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

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

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

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

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

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

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

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