People sometimes ask if they really need a lawyer. We at Chirafisi & Verhoff think a lawyer can be instrumental in making a difference in your case. This matter is a good example of how a lawyer can cut through the red tape and guide a case to the appropriate conclusion. Law enforcement conducted a harassment investigation of a client who suffers from mental health issues. Although police recognized that mental health issues were at the root of the problem, they believed some form of intervention from the justice system was necessary. Originally, the officer issued the client a non-criminal citation for harassment. A supervising officer in the police department decided to void the ticket and referred the case to the District Attorney's Office for the possibility of charging a criminal offense that would have more "teeth." The case sat in the District Attorney's Office for several months before a relatively new prosecutor looked at it. Like the investigating police officer, the prosecutor did not necessarily think a charge should be formally filed. However, the prosecutor thought "something" should be done. A hearing was scheduled (nearly seven months after the original investigation concluded). The client attended without a lawyer. A representative from the DA's Office informed the client that there was a way to avoid criminal charges from ever being issued. The client was told to complete a deferred prosecution program sponsored by the DA's Office. If the client completed the program, the DA would not file charges. The client agreed and met with a social worker from the program several weeks later. Unfortunately, after meeting the client, the social worker recognized that the client had mental health issues that could not be sufficiently addressed through the program. The client was rejected from the program, triggering the automatic filing of a criminal disorderly conduct charge. A family member contacted our office just before the client was scheduled to have a "final conference" before trial. Attorney Tim Verhoff immediately spoke with one of the supervising lawyers in the District Attorney's Office. He explained the situation, discussed the client's mental health issues, and provided information about what the client had done to address the mental health issues since the initial investigation. He was able to explain why intervention through the justice system was clearly not necessary or warranted under the circumstances. The supervisor at the DA's Office listened and agreed. Nearly a year after the investigation started, and one month after hiring our firm, the case was dismissed. Having the right person in your corner advocating for you along the way can make all of the difference in the world.
Felony Injury to Cop Dismissed at Preliminary Hearing
Prosecutors in Dane County charged our client with a felony count of causing soft-tissue injury to a law enforcement officer in relation to the client's arrest following a disturbance at a local casino. At the preliminary hearing, the District Attorney argued the mere fact that one of the officers sought medical attention for a knee injury after the incident was sufficient to establish probable cause. During the hearing, Attorney Tim Verhoff was able to get the judge to order the prosecutor to allow him to review the officer's medical records. Those records revealed the officer suffered a slight scrape to the knee. But the records showed no internal injuries or injuries to the skin that would require stitches, staples, or tissue adhesive. Our attorney argued that the injury the officer suffered did not meet the legal standard of the soft-tissue injury contemplated under the law. The judge agreed, dismissing the felony count against our client.