Same scenario as our previous post. Client with a lot to lose found herself being accused of child abuse and arrested by law enforcement. She called us the same evening she was arrested and we began working on the situation. First, no statements given to police. If they believe a crime was committed, let them try to put the pieces together, don’t help them.
Second, we reached out to the district attorney reviewing the file, letting them know we were involved, and providing them some background on what actually occurred in an effort to try and avoid charges. We had conversations with the prosecutor and eventually convinced them that there was a very viable parental discipline defense to the charges. No charges were ever brought on our client.
Precharge case involving allegation of 3rd Degree Sexual Assault- No Charges filed
We have preached over and over in this blog the importance of “getting ahead” of an investigation. When a client reaches out to us upon becoming aware of a possible criminal investigation, we have the opportunity to really help.
This client had a lot on the line. A teacher who, if charged, would have likely lost his job, even without a conviction. The allegations would have been a problem for him moving forward. He made a decision to get in touch with us immediately before any charges were filed. We were able to get the district attorney’s office to agree to hold off on charges until we finished our investigation. That was a huge help. We were able to get all the reports as well as do our own investigation. After a few weeks, we presented that information to the D.A., who declined all charges.
Everyone wants to win trials, they are great. Still, the best work a lawyer can do in our opinion is to avoid charges from ever being filed. You will see that as a theme throughout the next entry.
DESPITE SEXUAL ASSAULT CHARGE CARRYING MANDATORY PRISON TERM, CLIENT AVOIDS ANY INCARCERATION
In this case, the client was arrested in a sting operation involving the solicitation of a 14-year-old girl online for sex. The client was originally charged with three felony offenses, one of which included a mandatory minimum of five-years in prison. Attorney Verhoff realized the prosecution would be able to prove the case if there was a trial. As such, he immediately went about finding ways to convince the district attorney to dismiss the charge with the mandatory minimum sentence. Ultimately, he was successful. The client then entered a plea to the remaining charges and the parties argued to the judge what appropriate sentence should be. Although the government presented an argument that included a significant period of incarceration, Attorney Verhoff argued that under the totality of the circumstances, a probationary outcome was appropriate and no amount of incarceration was necessary. The judge agreed. Although the client was convicted of a felony crime in this case, he was very relieved he was not sent to prison, nor was he ordered to spend any time in jail.
EVIDENCE SUPPRESSED, DANE COUNTY OWI DISMISSED
The Dane County District Attorney' Office dismissed an OWI case against our client after Attorney Tim Verhoff successfully argued the evidence was obtained in violation of the United States Constitution. A Dane County deputy sheriff stopped our client for a license plate violation at approximately 3:00 a.m. Upon making contact with the client, the deputy observed a strong odor of intoxicants, and the client admitted to the deputy that she had been drinking shots earlier that night. Based on that information, the deputy requested the client to perform field sobriety tests, and he arrested her for OWI at the conclusion of the tests. Given the lack of bad driving prior to the stop,and the lack of outward indicators of impairment, our lawyers filed a motion challenging deputy's basis to ask our client to perform field sobriety tests. At the hearing, Attorney Verhoff thoroughly cross examined the deputy. He then argued the deputy did not have a sufficient reason to extend the scope of the stop and conduct an OWI investigation. The judge agreed and ruled that all of the evidence obtained after the deputy's initial contact with our client was inadmissible at trial. Without any additional evidence, the prosecution was left with little choice but to dismiss the case against our client.
DRUG CHARGES DISMISSED COLUMBIA COUNTY
The Columbia County District Attorney's Office recently agreed to dismiss criminal charges against our client for possessing THC and drug paraphernalia. The client was charged for possession after medical personnel was dispatched to his home. The prosecutor voluntarily dismissed the charge after our attorneys raised a defense under section 961.443 of the Wisconsin Statutes, which provides immunity for individuals who contact law enforcement or emergency technicians in the event of a drug overdose.
On Day of Trial, OWI/PAC Amended to Reckless Driving
The Palmyra Police Department stopped our client for speeding. Upon contact, the officer observed the defendant to have blood-shot and glassy eyes. The officer also smelled the odor of intoxicants. The officer had the client perform field sobriety tests. At the conclusion, the officer arrested the client, who agreed to submit to a blood test. The test result revealed an alcohol concentration of 0.09.
Our office litigated the case for several months. Our attorneys believed our client had a good defense at trial, but the prosecution repeatedly had extended the same offer. The client could plead to the OWI for minimum penalties. Our attorneys informed the client that even if convicted at trial, he would not be in a significantly worse position than if he simply accepted the offer. On the morning of the trial, the prosecutor reached out to Attorney Verhoff, who told the prosecutor he was ready to go and would see him in court. At that time, the prosecutor stated, "No, that's not going to happen." Attorney Verhoff asked what the prosecutor meant, and the prosecutor indicated he would be willing to resolve the entire case short of a trial with an amendment to Reckless Driving and a dismissal of the speeding ticket. It goes without saying that our client was ecstatic with the outcome and happy that he heeded our advice not to settle for the original offer.
Sexual Assault Case Dismissed, Felony Declined
The Madison Police Department arrested our client after he attended a local house party and allegedly groped two female attendees. He was also alleged to have punched a party goer, though it was in reaction to being hit by someone else. At the time of the client's arrest, the officer also claimed the client resisted and caused an injury to the officer, which is a felony offense.
Upon advice of a judge, the client's family contacted our office for help. Attorney Verhoff went to work before charges were filed, providing the prosecution background on the client as well as the incident. After speaking with Attorney Verhoff, the prosecution agreed to file no felony charges. However, the client was charged with two counts of misdemeanor sexual assault, misdemeanor battery, and misdemeanor resisting. The case was assigned to a different prosecutor in the office to handle for purposes of trial. Through negotiations, Attorney Verhoff was able to explain the significant impact the arrest and prosecution had on the client. He argued the client was young with no record, and continued prosecution in the justice system was not needed. After listening to Attorney Verhoff's arguments, the prosecutor agreed and dismissed all charges.
Dane County Domestic Case Dismissed Before Initial Appearance
In this case, our client was arrested for a domestic disturbance involving his wife. After reviewing the case, the Dane County District Attorney's Office filed a non-criminal charge called County Disorderly Conduct against him. At the time, the client had a different attorney, who appeared and entered a not guilty plea on the client's behalf. Shortly after the initial appearance, the prosecution contacted the client and informed him the non-criminal charge would be dismissed. Then came the bad news: the prosecutor told our client he would be filing a criminal charge against him.
The client decided to look for new legal representation. Upon advice from a friend, he contact our office. Attorney Verhoff immediately contacted the District Attorney's Office. Although the criminal case had been filed at that time, our client had not yet been to court. Through negotiations, our attorney was able to convince the prosecution to delay the initial appearance. He then was able to get the prosecutor to agree to dismiss the charge before the formal court appearance upon condition the client met certain conditions. As negotiated, on the day of the initial appearance, the case was dismissed. The client may now truthfully answer that he was never charged or convicted of a criminal offense.
Not Guilty Verdict OWI/PAC, Dane County
The Maple Bluff Police Department stopped our client for a registration plate lamp being out in the early morning hours. The officer noticed an odor of intoxicants coming from the client and had him complete field sobriety tests. The client was arrested and agreed to submit to the a breath test, which showed an alcohol concentration of 0.10. As the case moved forward, the the prosecutor offered to settle the case for a dismissal of the lamp violation and a plea to the OWI for the statutory minimum penalties. With little to lose, the client listened to our advice and rejected the offer.
At the trial, Attorney Verhoff objected to the manner in which the prosecution attempted to introduce the test results on grounds of a lack of proper foundation. The judge sustained the objection and the test result was never received into evidence. At the conclusion of the trial, Attorney Verhoff argued that there could be no conviction on the PAC charge due to a lack of a test result received into evidence. While he acknowledged the client should be convicted of the lamp violation, he argued the government failed to prove the OWI. He honed in on the lack of any bad driving and the officer's answers to his questions regarding the client's performance on field sobriety test.
After the trial, but before the verdict was rendered, the arresting officer and the bailiff both complimented Attorney Verhoff on his performance. The arresting officer, who does OWI training for his department, even told Attorney Verhoff he would be using the cross examination and trial experience when he trains other officers in the future. While it was nice, if not unusual, to receive adulation from the officer who made the arrest, the verdict was even better: Not guilty on both the OWI and the PAC!
5 More Great Outcomes for Clients
OWI 1st/PAC- Waukesha County- Amended to Reckless Driving
The first case involved a client that was called in for sleeping in his vehicle on the side of the road after a day at a golf outing. The client pulled his vehicle off the side of the road and a passerby called the police to check on him. Once the police showed up, the case was off and running.
The difficulty initially was the location of the case. Waukesha County has been notoriously hard on OWI cases. This one started no differently. The case started in municipal court. While the client was not initially successful at the municipal level, the information obtained through cross examination of the officers ultimately lead to resolution of the case in circuit court.
Attorney Corey Chirafisi was able to raise serious questions as to what time the client was driving his vehicle. That driving time put the test result, which was .089, in real jeopardy. Also, based on the officers testimony regarding the 20 minute observation period, it became clear that no observation period of the client was ever done.
On the eve of trial, the prosecutor offered to resolve the case for a reckless driving ticket. The client was more than happy to accept that amendment. It was especially satisfying as the client was unsure whether or not he wanted to appeal the case to circuit court. Having never been arrested before, he had real questions about how that outcome may have been different from municipal court. We are very glad he was willing to trust us to help him get through this.
OWI- Amended to Inattentive driving- Dane County
The second case shows why hiring a lawyer can change a case very quickly. The client was charged in Dane County with OWI as she was stopped for speeding. The officer believed that she was intoxicated based on the time (almost 2 a.m.), the odor of intoxicants and the bloodshot, watery eyes the officer said he observed. The client was thinking about just pleading guilty to the OWI for a minimum sentence seeing that her test result was right at the legal limit.
After speaking to Corey Chirafisi, the client made a decision to fight the case; that turned out to be a great decision. Attorney Chirafisi had dealt with the prosecutor on multiple occasions in the past. After a conversation about some of the weaknesses in the government’s case, the prosecutor offered a reckless driving. That was rejected by the client. We believed we could do better, we were right. Finally, the prosecutor offered a 4 point reckless driving ticket and even dismissed the speeding charge.
Making a call to our office turned out to be a wise decision for the client.
Felony OWI 4th –amended to misdemeanor
Collaterally attacking prior convictions has become more difficult as time has passed. While it allows prior cases in which the client did not have a lawyer to be voided for counting purposes, courts and prosecutors have become better at dealing with these potential issues.
The client was arrested for a felony 4th OWI charge. Obviously, avoiding a felony conviction and all that comes with that was a very big goal of the clients. So, Attorney Corey Chirafisi reviewed the client’s prior OWI convictions and found that he did not have a lawyer on his 2nd offense. Sounds great, but the problem was that he did have a lawyer on an earlier criminal case which made things far more interesting.
Attorney Chirafisi and the client put all the necessary paperwork together and filed the motion challenging the prior conviction. The government, as per usual, was not going to concede this issue. A hearing was held. The client testified, was cross examined and did a great job. The court found that the government did not meet their burden and voided the prior 2nd offense conviction, turning this felony 4th into a misdemeanor.
The ramifications are enormous. Gun rights, felony probation, possible prison time. The client was extremely grateful for the work our firm did on his case.
Possible False Imprisonment Dane County-Declined Prosecution
We have said this multiple times in this blog, getting a lawyer as early as possible can make a huge difference in how a case turns out. We spend a fair amount of time dealing with clients who likely will be charged, but hire us before formal charges have been filed. Some of the time, we can avoid any charges being filed. That is hands down the best result.
This case was incredibly challenging as it dealt with a possible felony false imprisonment with a stranger. Stranger cases are far more difficult to maneuver as prosecutors worry about danger to the public and protection of the community when deciding how to charge these cases. The client is a highly successful student with a very bright future. He did what many college students do: went out, drank too much and found himself in the company of a female who he had met that evening.
The women ultimately called the police and reported that the client had held her down against her will. The police spoke to the client before he had counsel and in fact arrested and booked him. The clients family was referred Chirafisi and Verhoff and we started by informing the police that the client was no longer interested in cooperating with any investigation. We then reached out to the DA’s office in an attempt to get “ahead” of the reports reaching their office.
After a conversation with law enforcement, there was an agreement for up front counseling with no referral to the DA’s office at all. Case done, client’s future secure.
1st Degree Sexual Assault of Child- Charges Declined
This blog above mentions the benefits of getting a lawyer before a case is filed. This is another perfect example of how that works to a client’s benefit.
The client was referred to Chirafisi & Verhoff on a Saturday from a former client on a possible sexual assault investigation. Making a call to our office on a Saturday was the first positive step. The police work weekends, and so do we. We got in touch with the client and made sure that no statements were provided to the police. That was helpful, since later that day the detective attempted to make contact with the client to get a statement.
Because the allegation involved a biological child, the county then got involved with social workers who also were doing an investigation and wanted to speak to the client. We had to step in and prevent and type of statement whatsoever from being made by the client. Don’t help the police, any statement will only do that.
We then spoke to some of the possible witnesses to the matter and let the DA’s office know that we had begun our investigation. Ultimately, with no client statement to either law enforcement or social services, the DA was left to make a charging decision based on what information they had. They made a decision to decline the prosecution of a charge that is the most serious in this state, short of 1st degree intentional homicide. Another great result for a really good guy.
OWI-2nd at 0.14 Dismissed, Sauk County
In this case, our client hired Chirafisi & Verhoff upon a recommendation from another local lawyer. The client, an out-of-state resident and over-the-road salesman, was in Wisconsin on business. On his way home from diner at a restaurant, police stopped him and ultimately arrested him for OWI-2nd Offense and PAC-2nd Offense with a reported alcohol concentration of 0.14. The client was clear from the start. Any OWI-related conviction would result in the loss of his license and the loss of his career. Attorney Verhoff began the case by conducting the administrative review hearing. This proved to be instrumental in the ultimate outcome, as the police officer gave answers to questions that did not align with the video evidence later received. Armed with this information, Attorney Verhoff filed a motion to suppress evidence in the case. On the day of the scheduled hearing, the prosecutor told Attorney Verhoff that he thought the prosecution would prevail at the suppression hearing. However, the prosecutor was more concerned about what Attorney Verhoff would do to the officer in cross examination at trial. Given his concerns, the prosecutor made an unusual offer in this time of case. He agreed that if the client withdrew the suppression motion and settled the case short of trial, he would dismiss the OWI and the PAC charges. Instead of those charges, the prosecutor agreed to have the client plead to an obstructing charge. In so doing, the client avoided any licensing implications and saved his job. Needless to say, the client was thrilled with the outcome.
Three Separate Cases, Two Felonies, Declined
Three recent cases all share a common theme. The clients did not wait to be charged, but hired our office to assist before charges were issued. And that decision lead to no criminal charges being filed.
In the first case, a misdemeanor domestic situation, the client was arrested for disorderly conduct. He hired Attorney Verhoff on the advice of a different, local lawyer. The client was particularly concerned about the criminal allegations due to an ongoing child-custody dispute. Attorney Verhoff immediately contacted the prosecutor to share information about his client's version of events. He also informed the prosecutor that he had in his possession an audio recording that revealed the "victim" kicked and hit the client during the altercation. Once the prosecutor learned of this information, he decided to decline charges. After notifying him the case would not be charged, the client responded, "Thank you so much Tim. I couldn't be more pleased with the outcome. I hope to never require your services again however if I do, I know exactly where I'll be going."
In case two, the client was arrested for on a felony charge of false imprisonment and disorderly conduct. The client's boyfriend, who was the "victim" in the case, contacted our office for assistance. Authorities arrested the client after she and her boyfriend had a dispute during which she prevented him from leaving the residence. Once again, Attorney Verhoff spoke with the prosecutor tasked with making a charging decision. He provided background about the relationship and the client, who has no record and is about to embark on a career in the medical field. After listening to Attorney Verhoff, the prosecutor declined charges and the client was released from jail.
The third case also involved felony charges. This time, the client was arrested on a charge of possessing burglary tools. The client, a 17-year-old with a bright future, was stopped by police who searched his vehicle. Authorities discovered several items they believed he was going to used to commit a burglary. The client's parents contacted Attorney Verhoff before charges were issued. Interestingly, they were aware of the items in the vehicle and could provide legitimate reasons why the client was possessing them. Attorney Verhoff again contact the District Attorney's Office before charges were issued. He provided background to the prosecutor about the client, who by all accounts was no burglar. Attorney Verhoff also indicated that if the case was charged, the client's parents would testify about their knowledge of the items in the car and why they were there, which would undercut the prosecution's theory that he was planning to commit a burglary. Once again, all charges were declined.
4 More Outstanding Results Include No Prosecution on Negligent Homicide Charge
In the past 10 days or so, Chirafisi & Verhoff has had four more outstanding outcomes for our clients!
Case #1- Pre-charge Negligent Homicide
This case involved a motor vehicle accident resulting in the death of the client’s passenger. Initially when the client’s family called us, there was an allegation that the client had failed to stop at a stop sign, resulting in the vehicle striking a semi which ultimately led to the death of the passenger. We were informed that there were multiple witnesses who observed the accident.
At that point the client had not been charged, so it gave us an opportunity to get to work on some areas of the defense. The first thing we did was hire an accident reconstructionist. The expert was able to get out to the scene shortly after the accident and get measurements before the government was able to complete their reconstruction.
We notified the State that we had been retained and that an expert was on board. Ultimately after more than 8 months of investigation in the case, the State had the detective assigned to the case inform us that no criminal charges were being brought against the client. While the case involved a tragedy when the passenger lost his life, we were able to help avoid the client from having to face serious felony charges stemming from the accident.
Case #2- OWI 1st/Refusal- Complete Dismissal of all Charges
Client was on vacation at a campground when he was arrested for OWI 1st. What made matters much more difficult was he was an Illinois licensed driver. The penalties for Illinois drivers arrested for OWI in Wisconsin is very severe in Illinois. Clients can lose their driving privileges in Illinois for years, even on 1st offenses.
The client was also alleged to have refused to submit to an evidentiary chemical test of his blood when requested by the police. Believe it or not, the case involved the client driving a gas powered golf cart on a public roadway. He was involved in an accident which severely injured him and he had no memory of what occurred. The prosecutor wasn’t moving on the case, initially recommending the OWI charge along with the IID requirement.
We began by watching a video from a bar parking lot where the accident occurred. We slowed down the video literally second by second. What we discovered was for a split second on the video, headlights from a vehicle were on the golf cart and we could see that another person was actually the driver of the golf cart. Once the accident occurred, that person fled the scene and because our client suffered a head injury, he had no recollection as to who was driving.
We then showed the prosecutor the video from the bar and he dismissed all charges against the client.
Case #3- OWI/PAC 1st- Dane County- amended to inattentive driving
This client, like many we have, needed a valid license to continue working a brand new dream job he had just landed. A conviction would have resulted in immediate termination from his company.
A gas station worker witnessed our client pull into the parking lot with a flat tire and riding on his rims. The client was alleged to have parked his car, opened the door and threw up, then tried to go to sleep in the parking lot. The police arrived shortly after our client got there, and our client was put through field sobriety tests after the police noticed his blood shot eyes, slurred speech and his clothes having vomit on them.
The client tested a .088 on the breath test after being arrested. Further, the client informed the police that he had not consumed alcohol for 6 plus hours as it was approximately 5:30 a.m. when the police made contact with him.
Ultimately after back and forth negotiations with the prosecutor, the government offered to resolve the case for an inattentive driving ticket. It saved the client's career.
Case #4- Two Counts of Second Degree Sexual Assault turned into One count of Child Abuse to Deferred Prosecution with Alford Plea
This case took two years to resolve. It started as 2 counts of sexual assault. Client had used our services in the past and when these charges were filed he came to us again for assistance.
The turning point in the case was when we were able to convince the judge that the time alleged in the complaint (approximately 3 weeks) was too long. The prosecution was required to go back to the mother of the complainant and she had to narrow down the time frame. That changed the entire case. She narrowed it down to 3 days. When we were provided with that information, we were able to get the client's work records which showed it was likely that he was working at the time of the allegation.
Once we provided that information to the DA, the case basically fell apart. If the client does not get in any trouble for the next 12 months, the entire case will be dismissed. Outcome totally changed our client's life.
OWI Amended to Reckless Driving, Verona
The City of Verona Police Department pulled our client over for failure to dim her bright lights at about 1:40 a.m.. The officer asked her if she had been drinking, and the client admitted to being on her way how from an area bar with her husband. After field sobriety tests, police searched the car and located an open bottle of alcohol. The client was arrested and agreed to a breath test, which carried a 0.08 reported alcohol value. Attorney Verhoff felt pretty good about the case, and even better after he won the administrative review hearing. At the pretrial conference, Attorney Verhoff told the prosecutor it would be a trial unless the prosecutor was willing to come off the OWI and PAC charges. And prior to trial, the prosecutor did just that, agreeing to amend this matter to a reckless driving ticket.
Felony Charge Dismissed at Preliminary Hearing
All individuals charged with a felony offense in Wisconsin have a right to a preliminary hearing. The purpose of a preliminary hearing is for the prosecutor to call witnesses to establish probable cause that it is more likely than not the individual committed a felony offense. The rules of the preliminary hearing are geared entirely in favor of the prosecution. As such judges find probable cause in most cases. For various reasons, lawyers often advise their clients to waive the right to a preliminary hearing. In a recent Dane County case, however, Attorney Verhoff advised the client to have the preliminary hearing. The prosecutor called a deputy sheriff to testify, and Attorney Verhoff cross examined him. At the conclusion of the hearing, the judge dismissed the felony charge of bail jumping against our client after Attorney Verhoff successfully argued that the prosecution failed to establish probable cause that our client committed a felony. He argued that the prosecutor did not properly establish the client had been released on felony bail at the time he was alleged to have committed a new, misdemeanor offense. The judge agreed. An unusual, but fantastic outcome for our client.
Three Criminal Charges Dismissed, Dane County
Our client was arrested after a disturbance at a local bar. He was charged criminally with three separate offenses. The client was referred to our office by a different criminal defense attorney in the Madison area. Attorney Verhoff negotiated a settlement agreement with the prosecutor in the case. Our client agreed to do some community service and undergo an alcohol assessment. Upon proof of completion, the District Attorney's Office dismissed all charges against our client.
No Charges in Drug Case, Dane County
Yet another case proving why hiring a lawyer before charges are filed can be instrumental. In this case, law enforcement arrested our client after she overdosed on heroin. A charge alone, regardless of a conviction, would spell the end of the client's career. Attorney Verhoff worked with the client and law enforcement over a series of months in an attempt to convince the police not to file charges but to allow the client to seek treatment instead. Ultimately, police agreed to do so and did not refer the case up for charging. As we tell people, early involvement and intervention by a lawyer is often much more valuable than a win at trial after a charge is issued.
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.
OWI/PAC 1st- .14- Amended to Reckless Driving- Parked on Railroad Tracks
Our client awoke to realized he was parked on railroad tracks. He didn't know what happened, so he decided to call 911. Probably a bad idea.
When the police arrived, they begun to question the client regarding the odor of alcohol they could smell and were interested in how he got his vehicle on the railroad track. One thing lead to another and our client was ultimately arrested for OWI. Our client blew a .14 at the station. Our client originally tried to handle the case himself and was unable to get anywhere with the prosecutor. He then made the decision to hire Chirafisi & Verhoff to see if we could help him.
Yeah, we could. We reviewed the reports and not only was the client not driving on a roadway, but there was zero indication as to what time the vehicle went from the roadway onto the railroad track. Initially, the prosecutor was not moved by the argument. We then filed a motion to exclude the breath test, and she started to become moved. As the hearing approached, she came around.
An issue in the case was that our client drove the vehicle down the railroad tracks and simply parked it. That could be classified as impaired driving. So, at the end of the day, faced with our motions and arguments, the prosecutor offered Reckless Driving to our client. Our client happily accepted the offer, as his goal was to avoid an OWI conviction.
Return of approximately $24,000.00 in cash and $100,000 in vehicles after 198lbs of THC suppressed
We posted about 6 months ago that we were able to assist a client in getting almost 200 lbs of THC suppressed when the Court found the warrant lacked probable cause. That however did not end the story.
The government also seized approximately $24,000.00 in cash and multiple vehicles and ATV’s valued at approximately $100,000.00. The government attempted to forfeit the vehicles as part of a drug forfeiture arguing that the money and vehicles were obtained from drug proceeds.
We, along with another firm representing a co-defendant, filed a Motion for Summary Judgment on the forfeiture arguing that because the items were suppressed in the criminal case, they could not be used in the civil forfeiture proceeding.
The Court agreed. The Court granted the clients motion for summary judgment and ordered all items returned to the client.
It was an absolute victory for the client in all ways. Dismissal of criminal case and return of all property in forfeiture.