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Representative Cases

These cases are representative outcomes in actual cases; every case is different, and these should not be viewed as a guarantee, express or implied, of a favorable outcome in every case.

2015CF State v. WG - Dismissed - All Counts

OWI -2 Operating While Intoxicated (with a Prohibited Controlled Substance) as a 2nd Offense.
Operating a Motor Vehicle after Revocation
Felony Possession of THC (Marijuana)
Possession of Drug Paraphernalia

Attorney Brophy successfully challenged whether the arresting officer had a reasonable, articulable suspicion to pull our client's car over; to extend the initial traffic stop once his reason for pulling the car over disappeared, and to ultimately coerce our client to consent to a search of his vehicle. At the evidentiary hearing on the motion the State conceded the arresting officer lacked reasonable suspicion to stop our client's vehicle. All evidence following the improper stop was suppressed by the court. Lacking the ability to proceed, the State dismissed all charges.

2015CF State v. D.S. - Acquitted - Not Guilty on All Counts

​3rd Degree Sexual Assault
4th Degree Sexual Asault
4th Degree Sexual Assault
​4th Degree Sexual Assault

This case involved young people and too much alcohol. The alleged victim told a version of events that grew more dramatic with time. While the prosecutor certainly maintained an aura of certainty regarding the events leading to charges, the test of trial, cross examination and expert review of the State's evidence led to a very different conclusion. The prosecutor added the three counts of 4th degree Sexual Assault when our client refuse to plea guilty and the case was headed to trial. Jury returned verdicts of "Not Guilty" to all counts.

2015TR State v. MZ - Aquittal - Dismissed after Court Trial

OWI - Operating While Intoxicated
Refusal - Refuse to Submit to a Test of Blood, Breath or Urine

Because of the unique technical questions and the necessity of a factfinder to have an understanding of scientific and technical evidence, we chose not to post jury fees and opted for a trial to the court. Good decision. the judge clearly understood the testimony and had the ability to apply the unique facts of this case to the law. The judge determined that our client was not impaired at the time hewas driving and that he did not refuse to give a sample of his breath. All charges were dismissed.

2015 CF State v. MA - Dismissed - All Counts

Repeated Sexual Assault of the Same Child
Incest
Intimidate Victim with Threat of Force
Child Abuse
Child Abuse
Child Abuse

Our client's teenage daughter began showing up at home and elsewhere with bruises. She then made several allegations that, our client, her father had repeatedly raped her and beat her up. Allegations our client denied. Through the course of investigation we gathered evidence to show the allegations simply were not possible and that their was substantial evidence of the accuser engaging in dramatic attention getting behavior raising substantial issues with her credibility. By the time of jury selection the State dismissed all charges.

State v. AS - Dismissed

Attempted First Degree Intentional Homicide

Our client was accused of pouring gasoline over his wife and lighting her on fire. Making the case particularly difficult, his wife was Chief Legal Counsel to the Department of Health and Human Services and was having an affair with the Secretary of the Department of Health and Human Services; both political appointees. Amazing facts, intrigue, politics. Solid investigation demonstrated that while our client and his wife had a horrible argument, the allegation that he'd poured gas on her and lit her on fire was fabricated. http://urbanmilwaukee.com/2013/09/17/murphys-law-capitol-sex-scandal-confirmed

State v. RM - Dismissed

Possession of THC

Attorney Brophy's client was pulled over by a Wisconsin State Trooper because the Trooper determined the tint on our client's windows was too dark. the Trooper extended the detention, had our client get out of the car and placed him in handcuffs in order to search our client's vehicle. During the search the trooper located marijuana. Attorney Brophy brought a motion to suppress. At hearing, the Trooper when challenged for his basis to extend the stop testified that he believed he had probable cause to search because our client had a Cheech and Chong air-freshener. The judge agreed a Cheech and Chong air-freshener does not equate to probable cause. The evidence was suppressed and charges dismissed. It may be a good idea to get rid of your Bob Marley and Led Zeppelin and Dark Side of the Moon bumper stickers.

State v. RN - All charges dismissed at Preliminary Hearing

Fraud
Fraud
Fraud
Fraud

Our client was accused of having used fraud to convince investors to make highly speculative loans in development projects. The Waukesha based investors convinced the Attorney General to prosecute. Attorney Brophy was able to use the Preliminary Hearing process to present evidence to educate the judge about the mechanics of the loans; that returns reflected risk, and that every party to the loan did so with the benefit of sophisticated legal and financial counsel. The judge correctly held there was no fraud just high risk investments that didn't pan out. All charges dismissed.

State v. BC - Dismissed

Disorderly Conduct

Our client was accused of pointing a gun at a couple of young men who accused him of stealing their fishing pole. We presented a self defense argument and demonstrated to the prosecutor that the State was not likely to prevail at trial, moreover, the State should not. The prosecutor agreed to dismiss the charge.

State v. NL - Not Guilty

Felony Strangulation and Suffocation - Domestic Abuse
Battery-Domestic Abuse
Disorderly Conduct

Attorney Brophy's client was accused of strangling and hitting his girlfriend. The two argued after she stormed into his apartment and accused him of infidelity. The two then mutually engaged in boorish behavior. At trial Attorney Brophy's client admitted to being loud and disorderly. On cross examination the accuser admitted to exaggerating the charges in response to the investigating officer's questions. the investigating officer admitted he was trained to ask leading questions suggesting the elements of battery and strangulation. Consistent with the evidence, the Jury acquitted on the Felony Strangulation and Battery charge and convicted on the Disorderly Conduct charge, a class B misdemeanor.



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