Gun Charge Dismissed At Initial Appearance
A Dane County court commissioner had no choice but to dismiss a criminal charge of going armed while intoxicated against our client at a recent initial appearance. The client, who was pulled over for a traffic violation, was initially charged with a criminal offense for having a firearm in her possession while she was intoxicated. Attorney Verhoff attended the first hearing and received a copy of the charging document called the criminal complaint. He immediately noticed the complaint failed to allege that the firearm was loaded at the time our client possessed it. This is an element of the criminal charge. Our attorney moved to dismiss the complaint and charge based on the prosecution's failure to sufficiently allege all elements of a crime in the charging document. Given the defect in the complaint, the court commissioner dismissed the case.