Sometimes the most simple solution is the best outcome for everyone. Our client got into a physical altercation with her adult sister with whom she lived. The client was booked into the jail on a charge of domestic battery, but the prosecution issued a lesser disorderly conduct charge. Prior to trial, our attorney worked out an agreement that made sense for everyone, particularly our client who had no prior record. The prosecution agreed that if our client found a new place to live, the charges against her would be dismissed. Fortunately, our client located a new apartment. We provided a copy of the new lease to the prosecutor, who dismissed the case against her.
Criminal Domestic Case Amended, Dane County
The Dane County Sheriff's Department arrested our client for a domestic disturbance with his wife. The couple got into an argument while driving. Our client was accused of calling his wife names and punching the dashboard. Our client, who called 911, told police his wife hit him during the incident. The District Attorney's Office filed a criminal charge of domestic disorderly conduct against him. Although we thought our client had a very good trial case, he was worried about trial risks and the possibility of collateral consequences if convicted of a criminal offense. Attorney Tim Verhoff negotiated an outcome that helped the client meet his goals of avoiding a criminal conviction and any collateral consequences without risk. Under the terms of a settlement agreement, the prosecutor amended the criminal charge to a non-criminal ordinance violation, which is the legal equivalent of a traffic citation and the client agreed to pay a modest forfeiture. When our attorney let the client know of the outcome, he told our lawyer it exceeded his original expectations for the case.
Evidence tossed, OWI/PAC-2nd Dismissed
Another outstanding result in this Dane County case. Our client and her spouse were parked in their van with the engine running, looking at the stars in a county park. Unfortunately, it was about 45 minutes after park closing hours.
A sheriff's deputy made contact with our client and her husband and started asking questions. Ultimately the encounter resulted in our client being arrested. She was charged criminally with a second-offense OWI and PAC at a 0.11 concentration.
Prior to trial, Attorney Tim Verhoff filed two motions to suppress evidence. In the first motion, our lawyer alleged a Miranda violation and sought suppression of the client's statements. In the second motion, he argued that without the statements, taken in violation of Miranda, there was insufficient evidence for the deputy to have suspected impaired driving, making his request for the client to perform field sobriety tests and the breath test unlawful.
The prosecutor reviewed Attorney Verhoff's motions, consulted with other prosecutors in the DA's Office and even conferred with a lawyer from the Wisconsin Department of Justice who specializes in OWI prosecutions. They all reached the same conclusion. Our attorney was correct in his argument, and the government had to concede both motions. The judge also agreed and suppressed the evidence, leaving the prosecution unable to move forward on the criminal charges and with no options other than asking the judge to dismiss the case.
OWI/PAC at 0.09 Amended to Reckless Driving
A Middleton police officer stopped our client shortly after 1:00 a.m. after he rapidly accelerated from a stop light, causing the tires to squeal. Upon contact, the officer noticed a strong odor of alcohol coming from our client, as well as red and glossy eyes. The client admitted that he had been consuming alcohol at a nearby bar.
After conducting field sobriety tests on the client, the officer placed him under arrest and took him for a breath test. The reported value was a 0.09 alcohol concentration.
During pretrial negotiations, Attorney Tim Verhoff raised questions about the basis for the traffic stop. He also was able to produce an alcohol curve to the prosecutor to demonstrate the client's alcohol concentration was likely less than 0.08 at the time of driving. After speaking with our lawyer, the prosecutor agreed to dismiss the PAC citation and amend the OWI to a reckless driving citation. Given the problems our lawyer pointed out with the case, the judge approved the amendment and imposed a modest fine on the reduced charge for reckless driving.
Dane County Drug Charge Expunged
Law enforcement suspected our client of being a drug dealer. In a coordinated effort that included authorities from the State Department of Criminal Investigation, police targeted the client with a plan to arrest him and search his vehicle. Police followed him in his car and waited for him to violate a traffic law. Authorities ultimately stopped him for speeding, searched his vehicle and found several jars filled with more than 100 grams of marijuana. Prosecutors filed a criminal drug charge against the client. In a negotiated resolution, Attorney Tim Verhoff brokered a deal in which the client entered a plea to the misdemeanor charge of possessing marijuana. The judge ordered him to complete 32 community service hours, but authorized the expungement of the case upon the client's completion of the community service and payment of court costs.
Resisting Case Dismissed, Dane County
Prosecutors charged our client with resisting an officer based on an incident at a BLM protest in Madison last year. Authorities were taking another protester into custody when our client allegedly attempted to intervene and remove a spit hood (which police had placed on him) from his fellow protester. As authorities attempted to stop our client from removing the spit hood and take him into custody, he fled from the scene. Police used video evidence to identify the client and arrested him on a later date. The client and his family were rightfully concerned about how the arrest and criminal prosecution would impact his future, including his college plans. Attorney Tim Verhoff negotiated a settlement with the prosecution. Our client performed community service, and the District Attorney's Office agreed to dismiss the case against him outright.
Court Lacks Jurisdiction, Upholds Win for Client
We won't quit. Nor should you. This is a follow-up to a recent post about an OWI/PAC case that both of our attorneys have been working on for several months. The defendant initially was charged in municipal court with OWI and PAC. After a court trial, the municipal judge found the client guilty of the OWI but dismissed the PAC charge. When we appealed the OWI case to circuit court to seek a jury trial, we learned the municipal judge attempted to reinstate the PAC charge on his own.
We did not believe the municipal court had the authority to simply reinstate the PAC charge, and we moved the circuit court to dismiss the PAC case, making an argument that the municipal judge never actually found our client guilty of the PAC charge. Over the objection of the prosecutor, the circuit court agreed and dismissed the PAC charge.
Despite the ruling in circuit court, the prosecutor then sought to revive the PAC charge in municipal court, where the case was again scheduled for a hearing. At the hearing, we objected to the municipal court even hearing the prosecution's new motion, arguing the municipal court lost jurisdiction once the case was removed to circuit court. As such, we argued the municipal judge was now bound by the circuit court's decision. This time, the municipal judge agreed and concluded the prosecutor was not entitled to a hearing on the matter, meaning the client can never be convicted of the PAC charge originally filed against her.
Felony Drug Case, Juneau County
When a Wisconsin State Trooper conducted a recent traffic stop on the interstate, it turned into much more than a routine OWI investigation for one of our out-of-state clients. After detaining the client for weaving, the trooper ran the client through field sobriety tests and arrested him. The trooper asked the client if he had any weapons on him, and the client informed him there were two loaded handguns in the car. He also admitted to having marijuana and money. During a vehicle search, authorities located the guns, a mason jar filled with marijuana, and approximately $70,000.00 cash, banded in $100.00 bills. Prosecutors charged the client with a felony for possessing THC with the intent to deliver. They also charged him for possessing a firearm while impaired and for the OWI. The client hired our lawyer, Attorney Tim Verhoff, after a different lawyer in the Madison area recommended him. Ultimately, Attorney Verhoff was able to explain to the prosecutor why the client was carrying so much cash and weapons. Although the client agreed to plead guilty to the OWI charge, our lawyer negotiated an outstanding resolution in the criminal matter. The prosecutor agreed to dismiss the weapons charge outright. After hearing our explanation on the money, the prosecutor also agreed to amend the felony drug charge to a non-criminal violation of the Juneau County Code of Ordinances for possessing paraphernalia. But wait, there is still more! The prosecutor also agreed to return the weapons to our client, as well as all of the cash that was seized.
Domestic Assault Case, Dane County
A constellation of bad facts presented an uphill battle when the client called us about this case. For starters, it was not the first time the client found himself in trouble with the law. Attorney Tim Verhoff represented him in two, separate criminal cases a few years ago. In each of those matters, our attorney was able to obtain outstanding results. One case was dismissed outright prior to trial. The second case was amended from a criminal charge to a non-criminal citation on the eve of trial. The second challenge in this matter was that the client, who was alleged to have been drinking heavily when he grabbed a baseball bat, threatened his wife and slapped her legs, admitted his conduct when police arrived on scene. Prosecutors charged him with domestic battery and disorderly conduct while armed. The DA could prove this case if it went to trial. Was there any way to avoid a criminal conviction yet again? Yes, there was. Due to the client's prior history, the prosecutor initially wanted him to be convicted and supervised on probation. But through negotiations, Attorney Verhoff was able to convince the prosecutor why a deferred prosecution agreement made more sense for everyone involved. Ultimately, the DA agreed. Both charges now are scheduled to be dismissed as soon as he completes the deferred agreement.
DA Amends, Then Dismisses Multiple Counts of Identity Theft
Our client, a young college student, found a credit card in his residence hall. Unfortunately, rather than simply returning the card to its owner, he used it on multiple dates to purchase food. The resulting criminal investigation led to authorities charging him with five felony counts of identity theft. He also faced disciplinary consequences from the university. Attorney Tim Verhoff met with the client several times to get a better idea of why he engaged in the conduct. When they met with authorities from the university, our attorney was able to present this information, and the client was able to continue his enrollment. In the court system, our attorney used the same approach. Although the prosecutor was reluctant at first, Attorney Verhoff was able to convince the DA to amend three of the felony charges to misdemeanor offenses and dismiss two of the felonies outright. On the remaining three misdemeanors, as amended, our lawyer reached an agreement with the District Attorney's Office to resolve the case by having the client participate in a deferred prosecution program with a dismissal of all the charges upon completion. Needless to say, the client and his family were thrilled with the outcome.
Felony Gun Charge Dismissed
Law enforcement in Columbia County stopped our client for speeding, which quickly turned into a drug investigation. The arresting officer smelled the odor of marijuana coming from the vehicle. Our client and his passenger, who authorities described as appearing nervous, admitted to smoking a few hours earlier. Police searched the vehicle and located marijuana, MDMA, and a loaded, short-barreled shotgun. Our client was arrested and charged with a felony for the weapon offense and a misdemeanor for possessing controlled substances. Through negotiations with the prosecution, Attorney Tim Verhoff was able to obtain a plea agreement in which the District Attorney dismissed the felony gun charge. Our client agreed to plead to a misdemeanor drug possession charge and pay court costs. While he admitted he made a huge mistake, the client was very happy to avoid a felony conviction, incarceration, and probation.
MDMA Conspiracy Expunged, Dane County
After receiving information from the Department of Homeland Security and Customs and Border Patrol about a suspicious package destined for Madison from JFK International Airport, local law enforcement set up a drug sting. Through the investigation, law enforcement determined that 262 grams of MDMA was being mailed to a home in Madison from a location in Slovenia. Our client, who lives more than 100 miles away from Madison, was arrested in the sting after the Madison homeowner who received the package contacted him and asked him to come to retrieve the package delivered to her home. The Dane County District Attorney's Office initially charged our client with conspiracy to deliver designer drugs, a Class C Felony, carrying a penalty of up to 40 years in prison. Our Attorney, Tim Verhoff, worked the case and was able to convince the prosecutor to amend the charge to a substantially lesser offense that could be expunged. The case was resolved short of trial with the judge approving an agreement for an expunction of the case upon the client's successful completion of a probationary period. Needless to say, the client, who had no prior criminal record, was quite relieved to get a second chance at a clean record.
Domestic Criminal Case Dropped, Dane County
In this case, the client was with his wife at a bar in downtown Madison. An employee at the bar flagged down a member of the Capitol Police Department and reported a disturbance between them. The client was arrested and charged with domestic disorderly conduct. After our attorney reviewed the police reports and discussed the inconsistent witness statements with the District Attorney, the prosecution agreed to amend the criminal charge to a non-criminal violation that is legally equivalent to a parking citation. For penalty, the judge did not even impose a fine, but simply imposed court costs.
OWI Amended to Reckless Driving
An employee from a local fast-food restaurant contacted the EMS and the Sun Prairie Police Department after locating her and a passenger asleep in the drive-through lane with the engine running. The client admitted to authorities that she consumed alcohol earlier in the evening and agreed to take a breath test, which produced a 0.08 test result. She was arrested and charged with OWI and PAC violations. Through negotiations with the prosecution, Attorney Verhoff was able to obtain a highly favorable outcome short of a trial. The prosecutor agreed to dismiss the PAC charge outright and amended the OWI to a reckless driving citation. The client, who was ecstatic with the end result, avoided the OWI/PAC conviction, a hefty fine, and a lengthy license revocation.
Injunction Dismissed, Dane County
Our client, a member of the military, returned from deployment and moved in with his girlfriend. The relationship was strained, and the couple had a significant argument that night. The next day, the girlfriend sought a harassment injunction against the client and he was served with a temporary restraining order. As a military member, this was significant because people subject to an injunction can be prohibited from possessing firearms, meaning a career in the military could be in peril. Our attorney was able to reach the client's girlfriend in advance of the hearing on the permanent injunction. Attorney Verhoff was able to broker a deal in which the client signed a contract, agreeing to move out of the apartment and have no contact with his girlfriend, provided she agreed to voluntarily dismiss the injunction petition.
No Charges In Theft Case
In this case, Dane County law enforcement sought multiple criminal charges against our client after he was alleged to have gone through mailboxes in his neighborhood, removing mail, stealing money, and cashing a check. In speaking with the client and his parents, it was clear the client suffered from significant mental health issues that contributed to the conduct. Attorney Tim Verhoff was able to contact the prosecutor who was reviewing the case for charges. She informed him that she planned to file nearly a dozen criminal counts against him. However, Attorney Verhoff provided the prosecutor with documentation regarding the client's mental health issues. In a calculated move, he also agreed to have the client make a statement about the incident. The move paid off, as the prosecutor agreed not to file formal charges against the client. Instead, she agreed to have him participate in a deferred prosecution program. Assuming the client successfully completes the program, he will never be formally charged in the criminal justice system. This was a wholly appropriate outcome under the circumstances.
OWI Reduced to Reckless Driving
A Madison police officer stopped our client for speeding late one evening. Upon contact with the client, the officer suspected he was impaired because the client handed the officer a credit card, rather than his driver's license. The officer also smelled an odor of intoxicants, and the client admitted to consuming alcohol. The officer put our client through field sobriety tests. Although the client performed well, the officer had enough evidence to arrest him for OWI. The prosecution initially offered the client a settlement agreement to dismiss the speeding citation if the client entered a guilty plea to the OWI charge. Attorney Tim Verhoff reviewed the reports and the video evidence. He met with the prosecution, and pointed out all of the problems he believed the city attorney would have in proving the OWI case. Prior to trial, the prosecutor made a new offer. This time, the city attorney agreed to dismiss the speeding ticket and reduce the OWI to a charge of reckless driving, provided the client agreed to a 30-day license suspension. Wanting to avoid a possible OWI conviction, the client gladly accepted the offer.
Weapon Case Declined, Iowa County
This matter is another example why it is better to hire an attorney before you are charged with a crime than wait until after charges are filed. The client, retired from the military and licensed to carry a concealed weapon, was out walking on a nature trail with his wife, who suffers from a variety of medical ailments. They came upon individuals who were walking unleashed dogs. The dogs rushed toward the client and his wife, not responding to the owners. Frightened for his safety and the welfare of his wife, the client yelled at the dogs to stop. But it was to no avail. He then removed his firearm from his holster in the event he would need to use it and pointed it at the ground. Fortunately, the owners were able to get the dogs under control before anything happened. Upon seeing a firearm, however, the dog owners notified law enforcement. Two deputy sheriffs contacted the client and took a statement from him, indicating they were going to refer the case to the District Attorney's Office for criminal prosecution. The client immediately contacted our office. Attorney Tim Verhoff was able to obtain a significant amount of information from the client regarding his background and the circumstances with the dogs. This was information that was not included in the police reports. Our attorney then contacted the District Attorney's Office to present the additional information to the prosecution and to present arguments as to why, if anything, the client was engaged in self-defense and the defense of others. Our lawyer argued that no criminal charges were necessary. After reviewing the information from our attorney, as well as the police reports, the prosecutor agreed and declined filing charges. He also thanked our attorney "for reaching out to our office preemptively on this matter." Needless to say, the client was relieved.
Criminal Threat Charge Amended to Civil Ticket, Rock County
Prosecutors in Rock County charged our client with criminal disorderly conduct after he made comments about shooting someone while he was in his workplace. The client admitted his statements reflected poor judgment, but he claimed he never actually intended to engage in any violent acts and the comments were taken out of context. During lengthy negotiations with the prosecution, our attorney was able to explain our client's side of the story. Our lawyer argued that the client was remorseful about conduct, and he suffered a punitive sanction in the form of termination from his job. The prosecutor agreed without our argument and amended the case from a criminal charge to a non-criminal violation of the county ordinances (essentially the legal equivalent of a parking citation). The client, who is in his mid-60s and had never been in legal trouble in his life, was thrilled to avoid a criminal conviction.
2nd-Degree Sexaul Assault Dismissed
The Dane County District Attorney's Office filed a felony charge of second-degree sexual assault against our client, alleging he inappropriately fondled a woman who was serving as a family babysitter. The client was referred to our firm by a different lawyer in the Madison area. During the initial consultation, the client's family members informed our lawyers that the client was suffering from serious medical problems involving his brain. These medical issues could have played a part in any alleged conduct if true. After multiple meetings, however, it became clear to Attorney Tim Verhoff that due to his medical issues, the client was not able to assist in his own defense. In short, the client lacked the ability to form short-term memories. Prior to the preliminary hearing, our lawyer raised the issue of competency to the judge. The assigned prosecutor initially was skeptical. However, the judge ordered an evaluation by a government doctor. After the evaluation, the doctor agreed with our attorney's hunch that the client was not competent to proceed in the case. Still skeptical, the prosecutor asked the court to suspend proceedings and an order for a second evaluation to be completed. The second evaluation produced the same results. Pursuant to a reasonable degree of medical certainty, the client was not competent and was not likely to regain competency due to his brain condition. Given the circumstances, the prosecutor agreed to dismiss the charge against our client. Although the client's mother remains devastated by her son's medical condition and prognosis, she was appreciative that we immediately recognized the legal problem and obtained the appropriate outcome as quickly as possible.