Theft of Secured Property - $450,000.00 - Charges dismissed at Preliminary Hearing (Columbia County)

Clients are hard working farmers in Columbia County who were, in our opinion, taken advantage of by a local bank. The bank believed they had secured assets from the client in excess of $450,000.00. When the client sold the secured assets, the bank went to the police. Client then charged with felony level theft. We got involved after a call from the clients civil lawyers requesting our assistance. We got involved and the case ended before it started.

At the preliminary hearing the investigator testified regarding his knowledge of the facts. Attorney Corey Chirafisi then cross examined the investigator. After about 20 minutes later, the investigator admitted he did not know specific facts which would be required to prove an intent to defraud. The court stated that there was no probable cause based on the testimony of the investigator. Case over after the 2nd appearance.

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.

Theft Charges Dismissed

Sometimes people find themselves in difficult points in life and make bad choices that lead to legal woes.  Our client was facing significant stresses her life and had stopped taking prescribed medication.  Things became much worse.  Madison Police arrested her after she was caught stealing merchandise at a local store.  Our client, who had no prior involvement with the criminal justice system hired the lawyers at Chirafisi & Verhoff.  Our lawyers discussed the situation with the prosecution and explained our client’s situation and why we believed she ended up in trouble.  The District Attorney’s Office agreed not to charge our client with a criminal offense, but instead agreed to issue a non-criminal ordinance violation.  At first, the prosecutor insisted the client enter a plea to the reduced charge.  Undeterred, our lawyers continued negotiations with the prosecution until we were able to secure an agreement by which the charge would be dismissed.  Months later, with the client’s life back on track, the case is now dismissed.