Wisconsin Criminal and OWI Case Results
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11/22 – Dane County – Client was charged with Operating while intoxicated and failure to keep vehicle under control. She had unfortunately had a bad reaction to some sleep medication she had been prescribed. Law enforcement and the state argued that she had abused her prescriptions and that was the cause. Attorney Anderson was able to successfully argue at trial that her intoxication was involuntary. Not Guilty on both charges!
10/22 – Rock County – Client was pulled over for erratic driving. When law enforcement approached, they observed what they believed to be an empty can of beer. Attorney Anderson was able to successfully argue that law enforcement did not have probable cause for arrest – case dismissed.
9/22 – Jefferson County – Client was previously charged with one count of Possession with Intent to Deliver THC when he was subsequently charged with it again as well as a felony bail jumping charge. He had retained a different attorney for his first case and decided to hire Attorney Anderson for his second case. After a full investigation, it was clear that the 2nd set of charges were directly related to the first charge. After a successful negotiation and consultation with his client, Attorney Anderson was able to get both charges dismissed!
8/22 – Dane County – Client was arrested for Battery to a Health Care Worker. She was in grad school and had a rough night out when she ended up in the hospital. She does not remember what happened but ended up in jail. This is a case where hiring an attorney right away can make all the difference. Attorney Anderson was able to interview the client and then speak with the prosecutor prior to any charges being filed. The prosecutor agreed to allow the client to participate in a pre-charge deferred prosecution program. No criminal charges were filed!
6/22 – Dane County – Client was found by law enforcement outside of his vehicle arguing with his wife. Although they were found out off a country road, the vehicle was not running and the client nor his wife made any statements to law enforcement about who was driving. Attorney Anderson filed a Motion to Dismiss and it was not long before the State moved the court to dismiss all charges!
6/22 – Green County – Client was charged with Battery and Disorderly Conduct as an act of Domestic Abuse. It was clear from the start that our client was the victim and had been the victim many times before. After a thorough investigation and negotiation with the District Attorney, our client’s case resulted in a dismissal!
4/22 – Dane County – Client worked for a company selling cars. Unfortunately, that company did not always do things as they should and she, as sales manager, was charged with a felony. After years of file review and litigation in the court, Attorney Anderson was able to secure a non-criminal resolution.
3/22 – Rock County – Client was arrested and cited with stalking. In speaking with the client, Attorney Anderson learned that what was reported did not met the definition of stalking, nor any other crime. Attorney Anderson reached out to one of the prosecutors in the District Attorney’s Office and successfully avoided any criminal charges being brought.
1/22 – Dane County – Young client was charged with possession with Intent to Deliver THC. Although this was not a significant amount, the prosecutor had their case. After significant negotiations, Attorney Anderson was able to secure an agreement that resulted in not only no felony conviction, but no criminal conviction at all!
10/21 – Jefferson County – Client was charged with Disorderly Conduct for being “unreasonably loud.” This was one of those cases that should never have been charged and we recommended to our client to not accept the offer of a non-criminal citation. As trial approached, the State moved to dismiss the case
8/21 – Dane County – Client was pulled over for speeding when law enforcement observed what they considered to be a vape pen. Client exhibited no signs of impairment and made no statements to law enforcement relating to the contents of the vape pen or its last use. Attorney Anderson filed a motion to suppress both the blood test results and all evidence obtained after the traffic stop for a lack of reasonable suspicion to prolong the traffic stop. The court agreed and suppressed all evidence, case dismissed!
3/21 – Dane County – Sometimes law enforcement will take some creative liberties when writing their reports. Sometimes they will exaggerate or not make clear on the reason for pulling someone over in the first place. In this case Attorney O’Connell was able to prove the officers report was not plausible. Case dismissed.
1/21 – Columbia County – Attorney Anderson fought for his client all the way through a trial to the court. The Court found that the county did not prove their case and dismissed the charge.
2/20 – Dane County – Attorney David Anderson filed two motions alleging that his client’s Fourth Amendment rights were violated. One challenging law enforcement’s reasonable suspicion, and second, that they exceed the scope of a Terry pat down. The state was unable to meet their burden of showing compliance with the Fourth Amendment and the case was dismissed!
1/20 – Dane County – Attorney Shaun O’Connell does it again with a second dismissal in the middle of a trial. His client was charged with knowingly violating a domestic abuse order which is a misdemeanor punishable by up to nine months in jail. Attorney O’Connell knew from the beginning of the case that the state was going to have a difficult time proving the intent element of the crime. He was not wrong. After the state finished their side of the case, Attorney O’Connell moved the court for a dismissal and the judge granted his motion.
1/20 – Columbia County – Hiring the right attorney is important. Our client learned that the hard way when he hired another firm and wasn’t happy with the results. Attorney O’Connell took over a case in which our client was charged with Operating While Intoxicated 3rdOffense, Operating with a Prohibited Alcohol Concentration 3rd Offense, and Refusing to Submit to a Breath Test. One by one, Attorney O’Connell was able to defeat each offense. The Refusal charge was dismissed prior to trial after Attorney O’Connell uncovered the officer did not follow proper procedure. The Operating with a Prohibited Alcohol Concentration charge was dismissed by the judge mid-trial due to a lack of evidence. And finally, the Operating While Intoxicated charge was dismissed at the close of evidence by the prosecutor after Attorney O’Connell exposed flaw after flaw in their case. Our client walked out of the courtroom free of any convictions!
10/19 – DeForest Municipal Court – Our client was facing a first offense OWI and a speeding citation. He readily admitted that he was speeding, however, was adamant that he was not intoxicated. This was one of those cases that should never have been charged as our client’s BAC was a .04! That’s right, half the legal limit. However, that did not stop law enforcement from arresting him and charging him with an OWI. Attorney Anderson was able to talk some sense into the prosecuting attorney and not only obtained a dismissal of the OWI, but was able to get the speeding citation significantly reduced.
10/19 – Dane County – No matter how major or minor a charge is, we understand that every case is important. Our client was charged with Disorderly Conduct after the police unlawfully seized him. Attorney O’Connell litigated the seizure and obtained a dismissal of all charges.
10/19 – Dane County – A young client drove down from LaCrosse with a few friends. Unfortunately the vehicle she drove was alleged to have been stolen. She was arrested and charged with a felony. This is one of those case where an attention to detail is vitally important. After reviewing the criminal complaint, it was clear to Attorney Anderson that the state had not alleged sufficient facts to get the case bound over for trial. A preliminary hearing was held and the presiding judge dismissed the case. A few weeks later, the state attempted to charge our client again. Attorney Anderson was able to convince a second judge to dismiss the case.
9/19 – Dane County – Our client was pulled over in his vehicle after a cop observed the driver try to flee. As it turns out, the cop’s report did not match the video evidence obtained. Attorney O’Connell successfully moved to suppress all evidence of the stop after it was determined the cop did not have legal authority for his actions. Our client’s drunk driving charges were dismissed.
9/19 – Reedsburg Municipal Court – Our client was facing multiple citations one of which was a first offense OWI. The evidence was pretty thin in regards to the OWI and law enforcement had made a few mistakes. After many reset trial dates, Attorney Anderson was able to resolve the case short of trial with a dismissal of the OWI.
8/19 – Dane County – Being charged with 1st degree reckless endangering safety is a serious offense with serious consequences. However, just because you are charged with something does not mean that the state can prove you guilty. Attorney Anderson conducted a preliminary hearing in this case. After the close of evidence Attorney Anderson moved the court for a dismissal of the felony charge. The state eventually conceded that they could not move forward with the felony 1st degree reckless endangering safety charge and the judge ordered a dismissal!
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7/19 – Dane County – Hiring an attorney at the earliest possible time is important. Attorney O’Connell attended an initial appearance with his client charged with brandishing a gun at another person. A convicted would have likely jeopardized our client’s right to possess a firearm. Attorney O’Connell successfully argued that no probable cause exists. The court agreed and dismissed the case.
7/19 – Rock County – A thorough investigation should always be completed. This was never more true than when Attorney Anderson took over a case in Rock County Wisconsin. Our client was facing two felony drug charges as a repeater. That means over 25 years in prison was on the line. When Attorney Anderson took over the case the prosecutor had a firm offer of capping their sentencing recommendation at 10 years of initial confinement. After significant investigation and a few motions to the court, Attorney Anderson walked his client of of court for a misdemeanor – time served disposition!
7/19 – Dane County – Being convicted of possessing child pornography carries a minimum sentence of three years in prison. Prosecutors will often agree to recommend the minimum sentence to induce a plea and losing at trial could result in a much harsher sentence. Our client refused to pled to a crime he did not commit. Attorney O’Connell fought for his client and exposed significant problems in the prosecutor’s case. The day of the trial, all charges were dismissed.
7/19 – Dane County – Client was arrested for a substantial battery, a felony. After careful review of the evidence, the statements of the victim, and our client’s version of events, it was clear that we had a viable self defense claim. Attorney Anderson presented the findings of our investigation to the prosecutor on the case. All charges dismissed without a trial!
2/19 – Dane County – Client was an international student charged with domestic battery and disorderly conduct after an incident with her boyfriend. A conviction of any kind would have had devastating effects on her student visa. Through many negotiations with the district attorney’s office, Attorney Anderson was able to secure a complete dismissal of all charges.
11/18 – Dane County – Occasionally we review cases where the charges are based on allegations that are clearly made up. In this case our client was charged with Disorderly Conduct with use of a Dangerous Weapon. The evidence and facts of the case contradicted the 911 call and allegations by the “victim”. Case was eventually dismissed after being set for trial.
9/18 – Rock County – Sometimes just being in the wrong place at the wrong time can have devastating effects. Our client was charged with several drug charges after illegal drugs were located in his residence he shared with multiple other people. Through negotiations with the prosecutor, Attorney O’Connell was able to get all charges against his client dismissed.
9/18 – Dane County – Our client was arrested for a second offense DUI as well as a refusal charge. This was one of those cases where the client probably should not have been arrested. It was also a case were reviewing all police reports and videos pays off. The DUI was dismissed early on, but the prosecutor was refusing to dismiss the refusal charge. After successfully pointing out the issues with the case, specifically procedures that were not followed by law enforcement, Attorney Anderson obtained a dismissal of all charges.
9/18 – Lafayette County – Our client was charged with Domestic Abuse Battery and Disorderly Conduct. He was also very adamant that he did not do what was alleged. After being offered a chance to participate in the deferred prosecution program – a program that would require him to do counseling – our client rejected that offer and we set the case for trial. A week before trial the domestic battery charge was dismissed for a plea to a disorderly conduct ordinance citation.
9/18 – Dane County – Our client faced charges of Operating While Intoxicated as a second offense. He faced the loss of his license, requirement of an ignition interlock device, and jail time. At a time when the consequences are serious, you want an attorney that will review every piece of evidence available. Attorney O’Connell discovered discrepancies in the police officer’s report and what was captured on video. One such discrepancy was a violation of his client’s Miranda rights. After challenging this violation in court, the prosecutor dismissed the OWI charge.
9/18 – Dane County – After being pulled over for failing to wear a seatbelt, our client was arrested for two criminal drug charges -possession of cocaine and drug paraphernalia. A close review of the stop reviewed that the arresting officer violated our clients Fourth Amendment rights by illegally extending the stop. Although we had a good argument, a complete win is never guaranteed. Our client agreed to plea to a paraphernalia citation, reduced from a criminal charge with a dismissal of the criminal possession of cocaine charge.
8/18 – Dane County – Beating a probation revocation is notoriously difficult. The Department of Correction has an extremely low burden when they choose to revoke a person’s probation. Attorney O’Connell put his background as a probation agent to use to avoid his client being revoked. Attorney O’Connell argued that his client’s confrontation rights were violated by the probation agent relying solely on police reports. Ultimately, the judge agreed and the client avoided being sent to prison.
8/18 – Dane County – Cases are not always won through litigation. Occasionally a “win” can be obtained through aggressive negotiations and advocacy at sentencing. That was the case for a client who was facing felony theft by false representation charges. Attorney O’Connell was able to secure an amendment to to the felony charge bringing it down to a misdemeanor. At sentencing Atty. O’Connell successfully presented the case as one where the client did not need jail or even probation. Judge ordered just a fine for what was originally a Class H Felony.
8/18 – Jefferson County – Client was facing three charges stemming from a series of incidents on one night. The prosecutor was not making any sort of decent offer to resolve the case, and more importantly, the client wanted a trial. Unfortunately not every case can be an all out win. However, Attorney Anderson was able to get two of the three charges dismissed at trial!
6/18 – Walworth County – Some times the prosecutor can be unreasonable in the offer to resolve the case as well as their confidence in proving it. In this case it was both. At the end of the state’s case, in the middle of trial, Attorney Anderson moved the court to dismiss the charge based on a lack of evidence. The court granted Atty. Anderson’s motion and dismissed the charge with prejudice!
6/18 – Dane County – Nobody wants a criminal conviction and nobody wants to admit to felony child abuse. This is absolutely true when you didn’t commit the alleged acts. Attorney Shaun O’Connell aggressively pursued the case by completing his own investigation. Attorney O’Connell was able to poke so many holes in the state’s case, that the prosecutor dismissed the charges days before trial.
6/18 – Green County – A good win does not have to be on a serious or big case. Our client was charged with possession of paraphernalia. Not the biggest deal, but a conviction could have consequences. Attorney Anderson was able to secure a dismissal on the possession of paraphernalia charge.
5/18 – Green County – Client had been in prison for over 12 years for a Homicide by Intoxicated use of a Vehicle conviction. Because he had been sentenced under the old structure of sentencing in Wisconsin, he was facing a longer sentence than is now possible. With the help of Atty. O’Connell they successfully argued that his remaining prison time should be converted to extended supervision. the client was let out of prison in 30 days.
5/18 – Dane County – Our Client was charged with one count of felony 2nd degree sexual assault and five other misdemeanors. If he ended up convicted of the felony charge he would have likely gone to prison. The client was willing to plead to two of the misdemeanors as he admitted to committing those crimes. However, prosecutor was unwilling to dismiss the felony sexual assault and bail jumping charge. Attorney Shaun O’Connell took the case to trial. After two days of aggressively defending his client, the jury came back with a unanimous verdict of NOT GUILTY!
12/17 – Dane County – Attorney O’Connell Successfully negotiated with the prosecutor to dismiss all charges. His client was charged with public fornication for allegedly engaging in a sex act with another person in a park. Attorney O’Connell sought out additional evidence that showed his client should have never been charged in the first place. The prosecutor agreed and dismissed all charges!
11/17 – Dane County – Client was charged with possession both of methamphetamine and prescription pills. The methamphetamine charge was dismissed after subsequent testing showed the substance found was not methamphetamine. Attorney O’Connell successfully negotiated the dismissal of the remaining charge of illegally possessing prescription pills.
12/17 – Dane County – Circumstantial evidence is certainly enough for the State to bring a charge and can lead to a conviction. However, in this case Attorney Anderson had a strong argument that the cocaine found under the passenger seat was not his client’s. This argument became even stronger when the owner/ driver of the vehicle was found with multiple items of paraphernalia and drugs. Charge was dismissed after pointing out the significant flaws in the State’s case.
11/17 – Dane County – Client had faced multiple allegations from the same lady on multiple occasions. He wasn’t going to plea to the charges and the State refused to make any decent offer to resolve the case. Attorney Anderson agreed to take the case to trial. The morning of trial the State moved to dismiss all charges because they could not prove their case.
11/17 – DeForest Municipal Court – Client was found parked on the side of the road when officers stopped him. After many negotiations and conversations with the city attorney, Attorney Anderson obtained an amendment to a Reckless driving.
11/17 – Dane County – Client was charged with possession both of methamphetamine and prescription pills. The methamphetamine charge was dismissed after subsequent testing showed the substance found was not methamphetamine. Attorney O’Connell successfully negotiated the dismissal of the remaining charge of illegally possessing prescription pills.
11/17 – Dane County – Client’s ex-girlfriend sought a harassment injunction against client. Attorney O’Connell successfully argued to the judge that the allegations from the ex-girlfriend were likely fabricated and did not meet the statutory requirements necessary to grant an injunction. The judge agreed and denied the injunction, case dismissed!
10/17 – Sun Prairie Municipal Court – An unfortunate misunderstanding left our client facing a theft citation. Attorney Anderson worked with the city attorney and his client to avoid a conviction.
10/17 – Dane County – Client was arrested and charged with Operating While Intoxicated and Operating with a Prohibited Alcohol Concentration. Attorney O’Connell aggressively attacked the arresting officer’s reported observations of signs of impairment. The prosecutor conceded and reduced the charges to a reckless driving citation. Client kept his license and avoided a drunk driving conviction.
9/17 – Columbia County – Sometimes it is just to obvious that the officer did not have probable cause for an arrest. After filing a motion challenging the probable cause for arrest, Attorney Anderson was able to secure a dismissal on all charges. Client avoided mandatory jail time for her 2nd offense OWI charge.
8/17 – Dodge County – Husband and Wife both get charged with disorderly conduct after a fight with the in-laws. All our clients wanted was for the Husband’s charges to get dismissed. The Wife was willing to plea to the charge. The County attorney refused to dismiss the Husband’s charge. We went to trial and obtained a Not Guilty for the Husband. Yes the Wife was convicted, but that was expected.
02/13/2017 – Dane County Circuit Court – Client was charged as a felon in possession of a handgun and operating a motor vehicle without owner’s consent as a passenger. The facts of the case did not seem to support the stolen vehicle charge, and the gun charge was questionable. DNA analysis was requested on the hand gun. Case was dismissed after the results were inconclusive.
02/13/2017 – Dane County Circuit Court – Client was charged as a felon in possession of a handgun and operating a motor vehicle without owner’s consent as a passenger. The facts of the case did not seem to support the stolen vehicle charge, and the gun charge was questionable. DNA analysis was requested on the hand gun. Case was dismissed after the results were inconclusive.
02/16/17 – Rock County – Client was charged with allowing his employee operate a commercial vehicle without a CDL license. This charge, if convicted, had a minimum fine of $2750 and up to 90 days in jail. This was a case where the employee definitely did not have a CDL, but the client definitely did not allow him to drive either. The employee took off from the job site after getting into an argument with another employee and crashed the dump truck. The key issue was whether the client had knowingly allowed the employee to drive. This was certainly a difficult thing for the state to prove, and we knew it. After setting the case for trial, the state dismissed all charges.
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02/13/2017 – Dane County Circuit Court – Client was charged as a felon in possession of a handgun and operating a motor vehicle without owner’s consent as a passenger. The facts of the case did not seem to support the stolen vehicle charge, and the gun charge was questionable. DNA analysis was requested on the hand gun. Case was dismissed after the results were inconclusive.
12/01/2016 – Dane County Circuit Court – Client was offered a great deal to resolve the case. However, he admittedly denied committing the alleged acts. Attorney Anderson set the case for trial. At the day of trial, after the jury was picked, the State dismissed all charges against the client.
10/11/2016 – Dane County Circuit Court – Client had been sentenced to a total of 6.5 years in Wisconsin State Prison in 2007. Due to additional sentences, client was still under supervision In 2016. The Department of Corrections was again in the process of revoking his extended supervision. He was facing 1.5 more years in prison. After discovering that the client was sentenced on bad information in 2007, Attorney Anderson moved the court for a sentence modification. Court granted the motion and deemed “time served” for the client.
8/01/16 – Jefferson County – Client was facing an Exposing Genitals/Pubic Area/Intimate Parts to a Child charge that would have put him on the sex offender registry. He adamantly denied this act and we believed him. We held the preliminary hearing and pointed out the missing facts to the court. The court say it our way and dismissed the case.
6/17/16 – Dane County – Client was on Extended Supervision when he picked up two very serious charges, Conspiracy to Deliver Cocaine and Manufacture/Delivery of 40+ grams of Cocaine. Client was facing 60+ years if convicted and revoked. After winning the revocation hearing, Attorney Anderson filed a few motions to dismiss and successfully negotiated a deal to plea to one count of misdemeanor possession. Client walked away with one year of probation.
6/3/16 – Green County – Client was charged with a felony OWI, 6th offense. Attorney Anderson filed a Motion to Suppress evidence based on an illegal seizure. Although he lost the motion to suppress, he successfully pointed out the holes in the States case. The next hearing the State moved to amend to a Reckless Driving Citation.
6/01/16 – Dane County – Client was placed on probation for a 1st degree reckless injury conviction, a Class D felony. After posting photos of himself holding a firearm, his agent attempted to revoke him. She wanted 4 years in prison. We held a revocation hearing to make the Department of Corrections prove it was an actual firearm. We won the hearing and client is scheduled to be released from probation in a few months.
5/11/16 – Sun Prairie – A couple was charged with two counts each for Retail Theft. Attorney Anderson successfully negotiated with the city and the retail establishment to find a resolution acceptable to everyone. The result, clients charges were dropped.
5/07/16 – Dane County – Dane County seems to tac on a Disorderly Conduct charge to everything. Sometimes they try to charge an individual sole with Disorderly Conduct. However, prosecutors are not always unreasonable. The facts of the case was weak to say the least and at the pretrial conference Attorney Anderson persuaded the state to dismiss the charge.
3/18/16 – Dodge County – Client had three open cases that included Felony Forgery and identity Theft Charges, Resisting and Obstructing and Bail Jumping. She work in the financial industry and a conviction for Forgery and Identity Theft would have a serious impact on her career. Additionally, the state want a fair amount of jail time. After getting the client in treatment and a significant amount of negotiations, the state dismissed the Forgery, ID Theft and Resisting charges. At sentencing on the bail jumping charge, Attorney Anderson successfully convinced the court to impose probation, not jail.