This case is an example of why it is never too late to contact a lawyer. Our client was charged with an ordinance violation for possessing drug paraphernalia. The client, a young college student without a record, failed to appear at the initial court appearance in the case. As such, she was convicted by default and ordered to pay a fine. She and her family were concerned about how the conviction, even though not a criminal violation, would impact her future. A few months after the conviction, she contacted our lawyers to see if anything could be done. Attorney Verhoff spoke with the client and learned that she had voluntarily engaged in an AODA and participated in treatment after the conviction. He then contacted the District Attorney's Office and explained the situation. After discussing the case with Attorney Verhoff, prosecutors then agreed to sign off on a motion to reopen and dismiss the charge against our client. Once again, the client is able to honestly report, if ever asked, that she has no prior convictions.
Iowa County Drug Conviction Avoided
Our client spent an evening camping with friends at a state park in Iowa County. While there, a DNR warden contacted our client and his friends. During the interaction, the DNR warden suspected that individuals in the group were in possession of illegal drugs. The warden investigated, and our client ultimately was arrested and charged with a criminal offense for possessing marijuana. Worried about the implications a criminal conviction would have on his future ability to obtain jobs, as well as his eligibility for student loans, he contacted an attorney who referred the client to Chirafisi & Verhoff.
Attorney Tim Verhoff met with the prosecutor assigned to handle the case and reached a resolution by which the assistant district attorney agreed to amend the charge from a criminal drug offense to a non-criminal violation for excessive noise at a state campsite. For penalty, the client had to pay a small fine. Needless to say, the client was thrilled with the outcome.
No Charges in Drug Case
The Wisconsin State Patrol stopped our client for speeding. During the course of the stop, the trooper located containers with a variety of prescription medications, marijuana and other drug paraphernalia in the vehicle. At the conclusion of the investigation, our client was arrested on criminal charges for possession of an illegally obtained prescription, possession of THC, and possession of drug paraphernalia. The trooper also cited the client for OWI, speeding, open intoxicants, and refusing to submit to a blood test. The case was forwarded to the District Attorney's Office for review. Attorney Verhoff spoke with prosecutors before charges were formally filed. They agreed to only file the traffic citations, and to not pursue the criminal drug charges. Chirafisi & Verhoff continued representing the client in the traffic matters and later brokered a deal in which the client agreed to be convicted of OWI, but the remaining citations were dismissed. As part of the deal, the prosecution agreed not to require an ignition interlock device as part of any sentence, an unusual outcome when a refusal is involved.
Drug Charges Avoided Dane County
While investigating an unrelated incident, police approached our client and questioned him. Authorities determined he was not involved in their investigation, but they asked to search his backpack. He agreed, and law enforcement located "whippits" (cartridges filed with nitrous oxide, often used as a recreational drug). Police arrested our client and sent the case to the District Attorney's Office, asking that he be charged criminally with possessing a hazardous substance. Our lawyers became involved in the matter before the prosecutors reached a charging decisions. Attorney Verhoff worked out an agreement for an uncharged deferral. Essentially, our client will be required to comply with an AODA, perform some community service, and stay out of trouble for several months. Assuming the client meets these goals, the District Attorney's Office will not file charges against him.
Manufacturing THC- All Evidence Suppressed- Case Dismissed- Dane County
Drug cases many times involve the execution of a search warrant for defendant's homes. In this particular case, the client’s residence was searched with a signed warrant for an alleged marijuana grow operation. That warrant was based on a confidential informant’s statement to law enforcement that the defendant was growing pot. Law enforcement then went and reviewed electric bills for the defendant’s residence which showed electric usage rates which were almost double of other homes in the area. Based on that information, law enforcement sought, and were granted by judge, a warrant to search the premises.
Once on the premises, law enforcement seized over 3,000 grams of marijuana, multiple marijuana plants and digital scales. The defendant was charged with a felony that could have resulted in a felony conviction and possible prison sentence.
The defendant was referred to Chirafisi & Verhoff in an effort to try and find a way to beat the case. Once the attorneys reviewed the search warrants (there were 2 in this case) they found the weakness in the State's case. The warrant contained information that was stale (the information was old and there was no way that it could be relied upon) and it also had information from a confidential informant which was useless and could not be considered reliable.
Chirafisi & Verhoff then filed a motion to suppress all the evidence obtained from the faulty search warrant. After multiple briefs, and argument to the Court, the Judge agreed with our arguments and suppressed all the evidence. The Government shortly thereafter dismissed the entire case.
Dane County Felony Drug Case to be Dismissed
A felony charge of possession with intent to deliver approximately five pounds of marijuana will be dismissed against one of Chirafisi and Verhoff’s clients. The client was arrested after the United States Postal Service became suspicious that the client was having marijuana shipped through the mail from a different state. Law enforcement set up a sting operation and recovered approximately five pounds of marijuana that had been mailed to our client. In an agreement with the prosecution, our Attorneys worked out a deal by which our client will participate in a deferred prosecution program. At the conclusion of that program, the charge against our client will be dismissed.
Battery and Drug Charges to be Dismissed
Our client, a student at UW-Madison, was arrested after a night of drinking in which he got into a fight outside of a bar. Madison police took our client into custody because the person with whom he fought ended up with a broken nose (a potential felony charge). While processing him at the jail, authorities discovered a small amount of cocaine in our client’s pocket. Our lawyers spoke with prosecutors before formal charges were filed, and they agreed not to charge a felony assault. Instead, our client was charged with misdemeanor battery and possession of cocaine. Our lawyers then worked out an agreement in which our client will participate in a deferred prosecution program. Once he completes the program, the case will be dismissed.
Marijuana Possession, Vandalism, Obstructing – All charges dismissed before trial
Our client came to Madison from out of state for a visit and rented a hotel room. Police were called to the room based on a noise complaint. While standing outside of the room, police said they smelled the odor of marijuana and heard people talking loudly about smoking and whether smoking would set off the smoke detector. Police knocked on the door and made contact with our client and also saw several guests in the room. Our client originally refused to allow police into the room, and the officers found him to be “argumentative and uncooperative.” Police claimed our client ultimately consented to a search of his room. Upon entry, police observed a broken lamp and found marijuana wrapped in a towel in the bathroom. They arrested our client for drug possession, obstructing and damaging property. At the first hearing, the newly-hired Assistant District Attorney refused to discuss the merits of the case. Instead, he made an offer to dismiss a citation also issued to our client for smoking in a hotel room if our client entered a plea to the other three charges. Our attorney flatly rejected the offer. At the final hearing before trial, our attorney met with the Assistant District Attorney assigned to handle the trial. He asked her a simple question. How do you plan to prove any of this? Although less than enthusiastic to talk with law enforcement, our client had not lied to police. Therefore, he had not obstructed the investigation in any way. There were many people in the room, how was the ADA going to prove it was our client’s marijuana in the bathroom? Finally, how was the ADA going to show the lamp was intentionally damaged, let alone who damaged it? After several minutes of silence, the prosecutor responded. “You’re right,” she said. “I’ll dismiss it all.”
Drugged Driving, Domestic Violence and OWI/Posession paraphernalia cases all thrown out
DODGE COUNTY: DRUGGED DRIVING CASE DISMISSED
Prosecutors originally charged our client with driving after smoking marijuana. After reviewing the lab reports, our lawyers convinced the prosecution they could not win the case because the client had only metabolites of THC, but no delta-9 THC in his system. Case dismissed prior to trial.
DOMESTIC VIOLENCE CASE DISMISSED
Our client was charged in Dane County with multiple felony and misdemeanor counts after breaking into his estranged wife’s home and allegedly assaulting her. One the felony charges and all of the misdemeanor charges were dismissed outright. The client entered into a deferred prosecution agreement on the remaining felony charge, which will be dismissed upon completion of the agreement.
CITY OF REEDSBURG – EVIDENCE SUPPRESSED, OWI CASE AND POSSESSION of DRUG PARAPHERNALIA THROWN OUT
Police stopped our client for failure to properly yield to a pedestrian in a cross walk. As a result of the stop, our client was charged with OWI, PAC and possessing a pot pipe. Police tested our client’s blood, which revealed an alcohol level of 0.187 percent. Our lawyers filed a motion to suppress the evidence, arguing the officer lacked a basis to stop the client. The judge agreed and threw out all of the evidence against our client, and the case was dismissed.
Felony synthetic pot charges - all charges to be dropped
Our client was charged with selling synthetic pot in Sauk County. The defendant faced one felony charge of possession with intent to distribute a hazardous substance. This charge carries a maximum imprisonment of three years and six months. Attorney Tim Verhoff successfully negotiated with the Prosecution for a deferred prosecution agreement of 18 months, at which point all charges against our client will be dropped.
Iowa County-Possession of THC and drug paraphernalia, all charges dismissed
Our client was charged with possession of THC and possession of drug paraphernalia resulting from a traffic stop of his vehicle. Chirafisi and Verhoff reviewed all the evidence in the case and believed that the officer in this case did not have probable cause to search our client's vehicle based on the reason for the stop.
Chirafisi and Verhoff filed a motion challenging the evidence located as a result of the search and the government agreed without having a hearing that the evidence was obtained as the result of an unlawful search. The charges against our client were dismissed!
Dane County OWI 2nd, Possession of Heroin all charges dismissed
Our client was charged with Operating While Intoxicated 2nd offense and Possession of Heroin. Our client was called in by someone who was so concerned about his driving that they called 911 and followed the client to the gas station where our client had stopped. The police officer responded to the location and had conversations with our client about his plans.
The officer ultimately arrested our client for Operating While Intoxicated, 2nd offense and then located Heroin “in plain view” in our client's vehicle. Chirafisi & Verhoff filed a motion challenging the probable cause for the arrest and a motion challenging the illegal search of the vehicle. After much discussion and viewing the evidence with the Assistant District Attorney, the government agreed that no probable cause existed for the arrest and also agreed that the search of the vehicle was unlawful. All charges against our client were dismissed.