There Is Always Hope, Sexual Assault Case
This case is an example of an extraordinary result, despite what appeared to be a legal dead end. Our client was charged and convicted of sexual assault several years ago. He was placed on probation and also served a jail sentence as condition of probation. At the time of his conviction, he was represented by one of Wisconsin's top criminal defense lawyers (who achieved a fantastic result by avoiding a felony conviction for the client). Unfortunately for the client, a graduate student with outstanding academic credentials and the potential to make world changes due to his research, the misdemeanor sexual assault conviction spelled trouble in terms of staying in the United States to continue his work due to immigration issues. The client went to his original lawyer to see if anything could be done. That lawyer said he didn't think he could help. But he told the client if there was one attorney in the state who might be able to make a difference, it was Tim Verhoff. The client then hired our firm.
Attorney Verhoff realized there was no legal basis to convince a judge to allow the client to withdraw his plea on the merits. Instead, Attorney Verhoff would have to accomplish what seemed impossible. He had to convince the District Attorney's Office to agree to reopen a three-year old sexual assault case and voluntarily vacate a conviction.
Our attorney went to work gathering information about the client to make the argument that not only would the reopening the case help the client, but it would benefit society as a whole. After several months of discussions, the District Attorney agreed to Mr. Verhoff's request. A court hearing was scheduled during which the District Attorney supported allowing the defendant to withdraw his plea to the sexual assault charge. The DA's Office then amended the charge to disorderly conduct, to which the client entered a plea and was convicted. For sentence, the judge imposed a short jail term, deemed served by the time the client previously spent in jail. This is an outcome that is, literally, unheard of.