Burglary Charge in Dane County Declined
When our client received a summons to appear in circuit court for a felony burglary charge in Dane County, he was stricken with panic. On supervision for charges at the time, the burglary charge did not just mean he could face prison time in the new case. It mean that his supervision could be revoked and he could face additional prison time on some older offenses for which he already had been convicted. The client did not wait to appear in court on the new burglary charge before contacting a lawyer. He contacted our office right away. In the new burglary case, police had obtained a surveillance video of the perpetrator who looked a lot like our client. Our client denied committing the crime, and he had no connections to Dane County. Attorney Verhoff went to work right away. He learned that the client had a partial alibi. A friend said she was with the client in the Milwaukee area on night in question. It was not a perfect alibi because the friend said our client left her home at approximately 1 a.m. This would have given our client enough time to drive to Dane County to commit the offense, but it made the scenario of our client driving from Milwaukee to the Madison area to committee a burglary and then return to the Milwaukee area with enough time to report to work the next day less plausible. Attorney Verhoff also obtained information that bolstered the claim of our client’s friend that they were together that night. In addition, Attorney Verhoff obtained a photograph of a different individual, who did have ties to the Dane County area, who looked almost exactly like our client. Armed with this information, Attorney Verhoff contacted the client’s probation agent who agreed not to initiate revocation proceedings, provided no charges were filed in Dane County. Attorney Verhoff then met with the prosecution and in a move that some defense attorneys would consider risky, laid out the entire defense to the prosecutor so she could compare the evidence in favor of the government to the evidence in favor of the client. She got a good idea of how the case would look in trial. After considering this information, the prosecutor agreed she could not prove the case in court and decided not to issue a charge against our client.