Felony Drug Arrest but No Criminal Conviction in Dane County
As a 19-year old, soon-to-be college student, our client's arrest on felony charges for possession with intent to deliver marijuana cast her future in doubt. Law enforcement contacted our client in the early morning hours after a resident reported a suspicious vehicle in their neighborhood. Our client and a passenger admitted to smoking marijuana in the vehicle minutes before police arrived on scene. Upon searching the car, police found marijuana, smoking devices, paraphernalia, and various packaging materials. They also found one ecstasy pill. The client was arrested and taken to jail on felony charges of possession with intent to deliver THC. She immediately hired Chirafisi & Verhoff to help. Our lawyers contacted the District Attorney's Office. Attorney Verhoff was able present information to the lawyer tasked with making a charging decision. He explained why what was located in the vehicle was consistent with someone who used marijuana, but did not sell it. Convinced, the prosecutor agreed not to charge a felony for dealing. Instead, the prosecutor filed a misdemeanor charges of possession of THC, possession of a controlled substance for the ecstasy, and possession of drug paraphernalia. But Attorney Verhoff was not done. The case was then assigned to a different prosecutor to handle in court. After several meetings between the lawyers, the assigned prosecutor conceded he could not prove it was our client's ecstasy versus the passenger's ecstasy. Still, the prosecutor wanted the client to plead to the marijuana and paraphernalia charges. Attorney Verhoff pressed on and argued the case was worth no more than a non-criminal citation for casual possession of marijuana. Finally, the prosecutor gave up and agreed to amend the charges to a non-criminal violation with a penalty of only court costs, not even a fine.