New Year, Three More Outstanding Results
Forgery/Uttering- Dismissed by Court at Preliminary Hearing (Dane County)
Some people say preliminary hearings are worthless, we don’t think that's the case. In this case, the client was charged with Party to a Crime of Uttering a forged document. Our client was 18 years old with a bright future and was understandably concerned about how this could impact her future.
After a review of the criminal complaint, Attorney Corey Chirafisi believed that there was no proof that the client was aware that the document she possessed was forged. So, we did what many lawyers don’t: we had the preliminary hearing.
At that hearing, Attorney Chirafisi was able to establish, through questioning of law enforcement, that there was no proof that the client was aware the document she was given was in fact forged. The Court even went so far as to say that if the Court would bind the matter over for trial, the Court would have to ignore the evidence presented in the case. The Court dismissed the case after arguments.
One main point here: preliminary hearings are not what they once were. Now that hearsay can be admissible, it has undoubtedly made it easier for the government to prove these hearings, but they are still worth having and this case proves that point.
Case #2- OWI 1st/PAC- .13 (Dane County)
Another great result for client charged with Operating While Intoxicated. Our client was extremely concerned about this ticket, he works as an EMT and has to drive ambulance from time to time, something he cannot do with a revoked driver’s license.
He called Chirafisi & Verhoff and told us about his situation and asked if we could help. We thought we could.
First, at the administrative review hearing, we were able to get some helpful information regarding the stop of the client’s car. It helped form the basis for the motion that we were able to file regarding whether the police had a basis to stop the client.
After almost two years, the prosecution agreed to amend the charge from an OWI to a reckless driving. They were willing to do this even with a test result that was well over the legal limit. All “wins” are great, but when it unquestionably changes the course of a client’s career, it is very rewarding. No OWI conviction, no revocation and client able to do what he loves.
Case #3- OWI 1st/PAC- .08 (Onieda County)
This client was referred from another attorney as the stakes were pretty high for the client. His job required that he always have a valid license and the OWI conviction would make it impossible for him to continue at his job. We got to work looking at every angle for the weak spot in the case.
The prosecutor was initially unwilling to move off of the charge. She believed the video and client’s performance on field sobriety tests provided great evidence for her on the OWI charge. After a close review of the video and pulling the maintenance records of the intoximeter we felt that we had our hook to try the case to a jury.
Turns out that wasn’t necessary. On the eve of trial the prosecutor called and ultimately agreed to amend the OWI charge to a Reckless Driving. Under other circumstances, maybe a reckless wouldn’t have been accepted, however, where everything is on the line for the client, it was an easy decision.
No OWI allows him to continue in his career, his goal all along. Another great outcome for a very satisfied client.