Writing About Rights & Wrongs

Other Acts Evidence, Other Bad Acts

2011-10-21T16:45:00.000-05:00

On Monday, I am going to trial on an Attempted Sexual Assault, Kidnapping and Felony Battery charge. Yesterday, the government attempted to introduce "other acts evidence" against my client. It is an area that is very problematic for people accused of crimes. Prosecutors get to attempt to introduce evidence regarding other bad acts your client has done under the legal theory it goes to intent or motive. The reality is, it shows a jury that he did something before, he must have done it again.

State -VS- Knapp

2010-05-01T09:00:00.000-05:00

Wisconsin Court of Appeals - An appeal from a judgment of the Dane County Circuit Court asked whether a Terry Stop was transformed into a custodial arrest before probable cause existed to arrest Kestler. Successfully argued State -v- Knapp on appeal, which prevents the government from appealing a successful collateral attack of a prior OWI (drunk driving) conviction as a matter of right.
The Wisconsin State Court of Appeals reversed a Dane County Circuit Court 5th offense OWI conviction on grounds that the defendant was placed under arrest without probable cause.

The case is here: State of Wisconsin -v- Knapp

Dane County, Madison Wisconsin - Not Guilty Jury Verdict OWI & PAC

2010-04-15T13:30:00.000-05:00

My client was erroneously charged with OWI (Wisconsin's drunk driving offense) and PAC (prohibited alcohol content) violation. I know that it had to have been an erroneous charge, because we won a not guilty jury verdict at trial. =)

La Crosse County Rules: Evidence Suppressed, Rights Violated, Blood Tesst

2010-04-04T15:30:00.000-05:00

The La Crosse County Circuit Court ruled on my motions to suppress a blood test result on a .233 5th offense OWI for violation of right to an alternative test.

1st OWI Dissmissed - Columbia County

2010-03-31T09:30:00.000-05:00

Columbia County prosecuting attorney charged my client with a 1st OWI. The case was dismissed.

Refusal & 1st OWI Dissmissed!

2010-03-24T14:30:00.000-05:00

My client is an airline pilot, who refused to submit to a blood alcohol content level test. He was charged with a 1st OWI and a Refusal. Today, the prosecuting attorney moved to dismiss both citations!

Straight Talk

2010-03-10T16:41:00.000-06:00

:: Posted by Webmaster Jodi
Throughout Chirafisi & Verhoff's website, you will see notes about :: Straight Talk :: in which Attorney Corey Chirafisi puts the facts in plain English and identifies some of the more frequently asked questions.

Wisconsin Attorney Corey Chirafisi Publishes Website for Criminal Defense

2010-03-03T08:00:00.000-06:00

Attorney Corey Chirafisi is pleased to announce that he has published his website at http://www.chirafisilaw.com/ He hopes that it will help people understand their rights and how to protect those rights when they have been accused, charged or arrested by a government agency in Wisconsin for a crime or drunk driving offense.

Attorney Corey Chirafisi offers a free initial consultation to anyone who has been accused of a crime or drunk driving, who has been arrested on criminal charges or for driving under the influence, or who has been charged with a Wisconsin crime or OWI. Attorney Chirafisi represents people in both Wisconsin circuit courts and US federal courts in Wisconsin, and in federal courts throughout the nation.

Chirafisi Law Office, S.C. is based in Madison, Wisconsin. For directions and maps, please refer to Chirafisi Law Office.

States Objects to waiving preliminary hearing - OWI Dissmissed

2010-02-24T13:00:00.000-06:00

OWI Dismissed - States Objects to waiving preliminary hearing

Yesterday, the court dismissed an OWI charge against my client. The State of Wisconsin objected to waiving a preliminary hearing on the grounds that they felt that they had the right to the hearing. Total joke.

You see new things everyday...

2010-02-17T09:00:00.000-06:00

You see things new everyday. Today, a judge found a client of mine not guilty of drunk driving when I asked him to find the client guilty. It was in municipal court and if we lost, we could appeal and start the whole process over in front of a jury. The court found the Village did not meet their burden of proof and found him not guilty, now the Village can appeal which makes defending the case more difficult.

Suspended License and the Police

2010-02-10T08:00:00.000-06:00

I ran in the Whistlestop Marathon over the weekend and thank God it is over. My legs are so very sore. I did see that the Court of Appeals found that reasonable suspicion to pull a vehicle over exists if the police know the owner of the vehicles license is suspended, even though they do not know who is driving the car. I hope it goes up to the Supreme Court, small municipal police are going to have a field day with that one.

Retiring Judge John Shabaz

2010-02-03T15:54:00.000-06:00

It was in the paper today that Judge John Shabaz was going to assume senior status if the President can appoint his successor prior to January of 2010. This will be the first federal vacancy in 25 years in the Western District of Wisconsin. Judge Shabaz was known for being extremely harsh on federal drug sentences. I had tried various times to get him to reduce the 100 to 1 ratio for powder to crack disparity on cocaine cases and he never agreed. No doubt many attorneys in Madison will be interested in seeing who will be his replacement.

Felony 5th OWI Knocked Down To OWI First

2008-10-16T03:50:00.002-05:00

Our client was charged with a fifth offense OWI. A 5th OWI is a felony under Wisconsin laws. We attacked the four prior drunk driving convictions - the 5th was reduced to a first. An OWI 1st offense in Wisconsin is not a crime.

United States -vs- Defendant - Dismissed

2008-08-16T09:07:00.001-05:00

In a case involving possession of crack (423 grams) and possession of a firearm (found in the defendant's trunk), the US District Court (Madison Wisconsin) dismissed the charges just one week prior to trial. Attorney Corey Chirafisi defending.

Find Me Guilty, Please!

2008-01-25T11:16:00.000-06:00

While it may sound a bit backwards for a client to WANT a court to find him guilty, there is a good reason for it in some situations. Today, a judge found my client not guilty of drunk driving, but we had asked him to the him guilty. It was a municipal court, and if we lost, we could appeal and start the whole prosecution process over in front of a jury. But because the court found that the Village did not meet their burden of proof, the court acquitted (found my client not guilty), and now the Village can appeal. If the Village appeals, it will make defending the case more difficult.

Other Acts Evidence In The Last Act

2007-11-08T15:13:00.000-06:00

Recently, I had a client who went to trial on Attempted Sexual Assault, Kidnapping and Felony Battery charges. On the Thursday before the trial was set to begin, the government (state prosecutor) attempted to introduce "other acts evidence" against my client. It is an area that is very problematic for people accused of crimes. Prosecutors get to attempt to introduce evidence regarding other bad acts that a defendant has allegedly done under the legal theory that it goes to intent or motive. The reality is that it shows a jury that he did something before, so he must have done it again.

Lawyer For A Lawyer

2007-11-05T15:10:00.000-06:00

I've been hired as a consultant in an OWI case in Rock County. The client had heard good things, and his lawyer was open to the idea of me consulting on the case. I believe we may have found a good issue regarding the PBT (Preliminary Breath Test) which could lead to the suppression of evidence.

A Right To A Preliminary Hearing?

2007-10-20T15:07:00.000-05:00

Today, the State of Wisconsin objected to my client waiving a preliminary hearing on the grounds that the state felt that they had a right to the hearing. Total joke.

License Plates Suspended

2007-10-15T11:05:00.000-05:00

I ran in the Whistlestop Marathon over the weekend and thank God that is over! My legs are so very sore.

I saw that the Court of Appeals found that reasonable suspicion to pull a vehicle over exists if the police know the owner of the vehicle's license is suspended, even though they do not know who is driving the car. I hope it goes up to the Supreme Court, small municipal police are going to have a field day with that one.

Wisconsin Western District Federal Judge Assuming Senior Status

2007-10-10T10:41:00.000-05:00

Judge John Shabaz

It was in the paper today that Judge John Shabaz was going to assume senior status if the President can appoint his successor prior to January of 2009. This will be the first federal vacancy in 25 years in the Western District of Wisconsin. Judge Shabaz was known for being extremely harsh on federal drug sentences. Many had tried to get him to reduce the 100 to 1 ratio for powder to crack disparity on cocaine cases, but he never agreed. No doubt many attorneys in Madison Wisconsin will be interested in seeing who will be his replacement.