Waukesha County

Evidence Suppressed, Case Dismissed.

Operating While Intoxicated (2016)

Client charged with operating while intoxicated first offense. Mastantuono & Coffee successfully challenged the reliability of the results of the field sobriety tests, and our client’s arrest. Judge granted our motion and suppressed the evidence from use at trial. State dismissed the charges because it could not proceed with case against our client.

Felony Fleeing/Eluding an Officer (2015): Misdemeanor Probation, No Jail.

Client charged after failure to stop vehicle during a police roadside safety check. Defense investigation revealed that client suffered from alcohol induced blackout and was not acting consciously. Plea negotiations resulted to misdemeanor amendment and one year probation with treatment, no jail.

Burglary (2015): Amended to Misdemeanor, Conviction Expunged.

Client charged for entry to home and theft with co-actors. Based upon client's lack of prior record and alcohol abuse treatment needs, negotiations resulted in one-year deferred prosecution agreement on the felony, and a year probation on a misdemeanor conviction. Client successfully completed all terms resulting in an expunged record.

Delivery of Cocaine, 6 Counts (2014): Probation.

Client charged with selling cocaine to multiple undercover police informants; client had significant criminal history. Defense referred and counseled client to treatment and employment, ultimately continued by a court-ordered probation term.

Recklessly Endangering Safety (2013): Not Guilty.

Client charged with endangering lives of police officers for refusing to obey police commands while armed with a knife during a psychotic episode. Client found not guilty by reason of mental disease or defect (insanity defense), and released to the community and his family under a general supervision order.

Identity Theft (2013): Probation & No New Charges.

Client charged for his role in an identity theft conspiracy and bank fraud scheme, with additional allegations in multiple states. Client received probation. Mastantuono & Coffee worked with local law enforcement to secure confirmation that no additional charges would be filed in those states.

Felony Theft (2013): Deferred Prosecution.

Client charged with theft of property valued at over $50,000. After lengthy investigation and negotiation, Waukesha County DA offered a deferred prosecution agreement, which will result in a dismissal of all charges.

Theft (2013): Dismissed.

Client wrongly accused of theft as a result of his employer's error. Relying on Mastantuono & Coffee's investigation, the prosecutor moved to dismiss the case.

Forged Prescription (2012): Deferred Prosecution.

Client charged with forging a prescription for an opiate drug. Waukesha County DA offered Deferred Prosecution Agreement, which resulted in dismissal of the charge.

Theft by Contractor (2012): Felony Reduced to Ticket.

 Client charged with theft by contractor. Following a series of negotiations, Mastantuono & Coffee secured an amendment to a non-criminal ticket.

Theft by Contractor (2012): Felony Reduced to Ticket.

 Client charged with theft by contractor. Following a series of negotiations, Mastantuono & Coffee secured an amendment to a non-criminal ticket.

Resisting an Officer (2011): Dismissed.

Client charged with Resisting an Officer after approaching an accident scene involving his daughter. On Mastantuono & Coffee's motion, criminal prosecution dismissed due to police bad faith in destroying video evidence that would have vindicated client and implicated police in the bad arrest. Civil rights lawsuit against police successfully settled for client.

Milwaukee County

3rd Degree Sexual Assault (2016): Not Guilty at Jury Trial.

Client, an aspiring professional photographer, was accused of sexually assaulting a model during a photo shoot. Jury returned a not guilty verdict after 15 minutes of deliberations following two days of trial, during which the defense successfully argued that the complaining witness was not credible and her allegation was not plausible. Client, a college student who had strongly maintained his innocence throughout the case, will now be allowed to move forward with his life.

Disorderly Conduct, Domestic Abuse (2016): Not Guilty at Jury Trial.

Client and ex-spouse got into an arugment over their son's care. Defense counsel argued that the client did not cause the disturbance, and the jury found him not guilty following a two-day trial.

Carry Concealed Weapon (2016): Not Guilty at Jury Trial.

Client charged for a revolver found between the driver's seat and center console; he did not know it was there. Jury delivered an acquittal following two days of a contested jury trial, at which defense counsel argued that the client did not "carry" a gun as the State could not prove that he knew it was there.

Disorderly Conduct While Armed (2016): Case Dismissed on Day of Trial.

Client accused of improperly wielding a firearm during a dispute. Defense investigation revealed an error in the police report causing the state to dismiss its case just prior to jury selection on the day of trial. 

First Degree Sexual Assault of a Child (2016): Not Guilty at Jury Trial.

Client falsely accused of inappropriately touching his adoptive son, a special needs child with mental health issues and cognitive delays. Jury returned a not guilty verdict following five days of testimony during which the defense challenged a biased and flawed investigation, and suggestive interview tactics by State child forensic interviewers.

Sexual Assault – Second Degree (2015): Not Guilty at Jury Trial.

Client accused of forcible rape during business conference. Jury returned a not guilty verdict after three days of trial, at which the defense successfully demonstrated that a consensual encounter had occurred, and that the complaining witness did not testify truthfully.

Carry Concealed Weapon (2015): Not Guilty at Jury Trial.

Client charged for transporting an unloaded handgun on the rear car seat. Jury delivered an acquittal following two days of a contested jury trial, at which defense counsel argued that there was nothing illegal about client's actions with the handgun, and that the client was acting within Second Amendment and constitutional privilege to bear arms.

First-degree Recklessly Endangering Safety (2014): Case Dismissed.

Client charged for firing his gun during a dispute with neighbors. Following investigation, witness interviews and negotiations with prosecutor that produced strong evidence that client acted in self-defense, case dismissed. 

OWI with Minor Children (2015): Minimum Sentence.

Client charged with intoxicated driving with two minor children in the car; minor accident involved. Client counseled through extensive treatment and parenting class during pretrial proceedings resulting in probation term and 5-day mandatory minimum jail term with work release.

Felony Child Abuse (2014): Case Dismissed.

Client charged with abusing a child in her care. Case dismissed following defense investigation discredited the allegation. Client able to resume employment.

Bank Robbery (2014): Deferred Prosecution – Felony Dismissed, No Jail.

Client charged for unarmed robbery of a bank. Defense focused on documenting client's struggle with emerging mental illness. Deferred Prosecution Agreement entered and felony robbery dismissed after client successfully served two years court-monitored probation.

Homicide (2014): Reduced Charge, Probation, No Jail.

Client charged with reckless homicide for causing the death of her estranged boyfriend during domestic incident. Client was a frequent victim of domestic violence by the decedent; defense investigation and witness interviews supported this conclusion. Following intensive negotiation, charge amended to non-homicide felony of aggravated battery, and client sentenced to three years probation, no jail.

Felony Drunk Driving/OWI – 6th Offense (2014): Probation.

Client charged with felony 6th OWI offense. Counsel and client invested significant time and effort into pre-trial alcohol (AODA) treatment. At the contested sentencing hearing, court agreed with the defense that probation with a work release jail term was more appropriate than the prison sentence recommended by the prosecution.

Causing Injury by Intoxicated Use of a Motor Vehicle (2014): Felonies Dismissed.

Client charged after an auto collision with a pedestrian and arrest for drunk driving. Following a thorough investigation and consultation with defense accident reconstruction expert, all felony and injury related charges dismissed by prosecution. Client found guilty of simple OWI / DUI – 2nd offense.

Operating While Intoxicated (2013): Evidence Suppressed.

Client charged with operating while intoxicated 3rd offense. Mastantuono & Coffee successfully challenged the reliability of the results of the field sobriety tests, and our client’s arrest. Judge granted our motion and suppressed the evidence against our client.

Bribery & Misconduct in Public Office (2012): Not Guilty at Jury Trial.

Client, a former Milwaukee County Supervisor, charged with felony bribery and misconduct in office. Mastantuono & Coffee secured an acquittal following a week-long jury trial.

Carrying Concealed Weapon (2012): Not Guilty at Jury Trial.

 Client who had her CCW license charged with carrying a concealed weapon in her vehicle. Client acquitted after two-day jury trial.

Possession with Intent to Deliver Cocaine (2012): Dismissed.

Client charged after large quantity of cocaine found in his home. Mastantuono & Coffee challenged the police authority to arrest client, resulting in dismissal of case.

Felony Child Abuse, Felony Child Neglect (2014): Felonies Dismissed.

Client charged with felony domestic abuse of his child for injuries resulting from hot water mistakenly used during bathing. Following period of voluntary treatment and contested negotiation, client plead to a single misdemeanor count, sentenced to probation – no jail, and reunited with his family.

Possession of Narcotic Drugs – Heroin (2014): Dismissed.

Client arrested for possession of heroin, methadone, and prescription medications. Pursuant to negotiations with the District Attorney, client charged with one count of possessing heroin, and entered into a Deferred Prosecution Agreement for intensive treatment for six months. Client successfully completed treatment and the charge was dismissed.

Possession of Marijuana with Intent to Deliver, Bail Jumping (2013): Jury Trial Not Guilty.

Client charged after police searched the car he was driving and seized a quarter-pound of marijuana. Mastantuono & Coffee secured an acquittal following three days of an intensely contested jury trial.

Armed Robbery – Use of Force (2013): Dismissed.

Case dismissed on prosecutor’s motion after extensive investigation work by Mastantuono & Coffee verified client’s alibi.

Battery (2012): Not Guilty at Jury Trial.

 Client charged with hitting his live-in girlfriend. Client acquitted after presenting motive to fabricate and self-defense claim at three-day jury trial.

Carrying Concealed Weapon (2012): Evidence Suppressed, Case Dismissed.

Client charged with carrying a concealed firearm. Mastantuono & Coffee successfully challenged the police unlawfully searching and arresting him. Judge granted our motion and suppressed the firearm against our client, resulting in dismissal of the case.

Repeated Sexual Assault of a Child, 5 Counts (2011): Not Guilty at Jury Trial.

Client accused by his step-daughter of repeated sexual assault occurring many years prior. Client acquitted at jury trial, which involved intense investigation and use of DNA experts after a week-long jury trial.

Federal Cases: Eastern District of Wisconsin & Western District of Wisconsin

Fraud to Obtain Federal Benefits (2015): Reduced Charge, Probation.

Client referred to US Attorney for felony fraud to obtain worker's compensation/FECA benefits. Mastantuono & Coffee investigation resulted in a negotiated issuance of reduced misdemeanor charges and probation.  

Civil Rights Lawsuit (2014): Monetary Settlement Paid to Client.

Federal civil rights litigation over the wrongful arrest, prosecution, and evidence destruction by the City of Waukesha Police resulting in a grave injustice to client. On Mastantuono & Coffee's motion, criminal prosecution dismissed due to police bad faith in destroying video evidence that would have vindicated client and implicated police in the bad arrest, and ultimately secured a monetary settlement in the federal civil rights case against the Department.

Intentionally Access a Protected Computer Causing Damage (2011): Reduced Sentence.

Client charged with felony computer hacking causing destruction of a TV series and other data in excess of $360,000. Mastantuono & Coffee negotiated significantly reduced prison and restitution just over $5,000.

Property Forfeiture (2008): Assets Returned.

Federal government seized client’s safe deposit boxes contemporaneously with a criminal drug prosecution; Mastantuono & Coffee secured return of all property seized based upon the government’s failure to comply with time limits.

Ozaukee County

Possession of Marijuana and Drug Paraphernalia, Criminal Damage to Property, Negligent Operation of Vehicle, Disorderly Conduct (2015): Fine and Community Service with Expungement of Record.

 Client charged in two cases for possessing marijuana and for causing damage to another person's vehicle during a road rage incident. Negotiation resulted in a plea to two misdemeanors, possession of marijuana and disorderly conduct, and at a contested sentencing hearing, defense was able to secure an outcome that allowed the client, 19, to pay his debt to society through a fine and community service and to ultimately move forward without a criminal record.

Battery and Disorderly Conduct (2013): Deferred Prosecution.

Ozaukee County DA gave client deferred prosecution agreement, ultimately resulting in dismissal of all charges.

Possession of a Firearm While Intoxicated and Possession of THC (2013): Firearm Charge Dismissed.

Client, a lawful concealed carry permit holder, found in possession of a small amount of THC while legally carrying his firearm, after extensive negotiation, firearm charge dismissed, allowing client to continue status as a CCW permit holder.  On drug charge, client served no jail time despite DA request for jail sentence.

OWI Causing Injury, and Felony Recklessly Endangering Safety (2010): Probation

 Client charged after hitting victim’s vehicle in head-on collision. Facing over 10 years imprisonment, Mastantuono & Coffee secured a sentence of probation with four months of jail.

Wisconsin / Statewide

Brown County – Reckless Homicide (2013): All Felonies Dismissed.

Client charged with causing the death of his infant daughter after police accused him of placing his child in the wrong sleep position. Following extensive investigation and work with defense forensic pathologists, charge reduced to a single misdemeanor, with client receiving one-year probation, and no jail.

Burnett County – Intentional Homicide (2009): Evidence Suppressed, Case Dismissed.

Client charged with homicide in a self-defense case after using his firearm to shoot intruder who broke into his home. Mastantuono & Coffee moved for dismissal after Sheriff's Department lost crucial evidence. Case dismissed prior to trial, affirmed by Court of Appeals.

Kenosha County – Armed Robbery (2014): Reduced Charge, No Prison.

Client charged with armed robbery for brandishing a firearm and demanding money during a business dispute. Following defense investigation and negotiation, prosecutor reduced charge to threat to injure and court ordered probation and 3 months local work release jail term.

Marathon County – Felony Possession of Methamphetamine and Heroin (2014): Deferred Prosecution, No Felony.

Client found in possession of narcotic drugs following non-fatal overdose of companion drug user. Client placed on probation for misdemeanor charges and deferred prosecution agreement on felony charges. Extensive treatment plan.

Marinette County – Felony Possession of Heroin (2014): Case Dismissed.

 Client charged with multiple felony drug charges for her involvement as a party to a crime of drug distribution. Following extensive negotiation aimed at prosecutorial consideration of special circumstances, case dismissed.

Outagamie County – Manufacture/Deliver Cocaine, Possess with Intent to Deliver Cocaine, and Maintain Drug Trafficking Place (2014).

After extensive plea negotiations, all initial drug charges dismissed. Client found guilty of a single misdemeanor, and sentenced to probation, no jail. This plea agreement allowed the client, a non-citizen legal resident, to remain in the Country.

Portage County – OWI First Offense (2015): Drunk Driving Dismissed.

Client charged with driving while under the influence of marijuana on a university campus. Following defense motions to suppress evidence due to unlawful police actions, the prosecution dismissed the charge prior to the motion hearing.

Sheboygan County – Attempt Sexual Assault & False Imprisonment (2012): Not Guilty at Jury Trial.

Client charged with multiple felonies for accusation by babysitter. Evidentiary motions litigated before Wisconsin Supreme Court, resulting in favorable ruling for client. Following a week-long jury trial, client acquitted on all charges.

Racine County – Felony Child Abuse (2014): Dismissed.

 Client charged with felony child abuse stemming from allegations that he hit his daughter. Defense investigation exposed allegation as false, and the charge was dismissed.

Racine County – Burglary, Receiving Stolen Property, Possession of Short Barreled Shotgun, Keeper of a Drug House, Theft, Criminal Damage to Property, Bail Jumping, Possession of THC, Possession of Drug Paraphernalia, and Resisting an Officer (2014): All

Client was initially facing a prison recommendation from the prosecutor. After extensive investigation and negotiations, client plead to significantly reduced charges, received a non-prison recommendation from the prosecutor, and was sentenced to probation without any prison or jail.

Walworth County – Felony Child Abuse (2012): Case Dismissed.

Client charged with felony child abuse to her son in a disciplinary incident. Charge dismissed by prosecutor following counseling program arranged by Mastantuono & Coffee.

Washington County – Operating Vehicle Without Owner's Consent, Disorderly Conduct (2015): Probation with Expungement.

Client initially referred in for felony charge. Through negotiations case ultimately resolved with misdemeanor convictions and expungement of criminal record.

Washington County – Felony Theft (2011): Felony Dismissed.

Client charged with felony conduct for misappropriating in excess of $72,000 from an estate that he controlled. Felony charge dismissed and reduced to a single misdemeanor following extensive negotiations, restitution payment, and trial preparation.

Crisis Management / Criminal Investigations

Battery and Disorderly Conduct – Waukesha County (2015): No Charges Filed.

Client accused of hitting his wife during domestic argument. Following defense investigation and witness interviews, prosecutor declined to file charges.

Intentionally Pointing a Firearm Felony Investigation – Milwaukee County (2015): No Charge Filed.

 Client arrested and accused of pointing a firearm at another person. Defense investigation focused on exposing inaccurate reports to police by complaining witness. Following sharing results and meeting with prosecution, no charges filed.

Possession with Intent to Deliver – Milwaukee County (2014): No Charge Filed.

 A local university student accused of possession with intent to deliver marijuana. Following investigation and police interaction, law enforcement declined to refer charges for criminal prosecution.

Battery – Waukesha County (2014): No Charge Filed.

Client accused of hitting boyfriend during car ride home from Thanksgiving dinner. Defense investigation and negotiation resulted in prosecutor declining to file charge.

Prostitution/Solicitation – Milwaukee County (2014): Diversion Agreement, No Charge Filed.

Client arrested following solicitation of undercover officer posing as a prostitute. No charge filed after client completed therapy program for sexually risky behavior. 

Armed Robbery Investigation – Milwaukee County (2014): No Charge Filed.

Client arrested and accused of robbing of a currency exchange. Defense investigation focused on verifying inaccurate identification. Following shared investigation result and negotiation, prosecutor declined to file charges.

Second Degree Sexual Assault Investigation – Milwaukee County (2014): No Charge Filed.

Client accused of sexual assault by complaining witness after she spent the night with him at a local college party. Defense investigation included witness interviews by Mastantuono & Coffee investigator, and use of polygraph and DNA experts. Prosecution declined to issue charges.

Felony Theft from Employer Investigation – Milwaukee County (2012): No Charges Filed.

Out-of-court resolution and repayment settlement achieved with insurance company after client stole in excess of $40,000 from her employer. Police investigation avoided, and no criminal charges filed.

Felony Theft from Employer Investigation – Milwaukee County (2008): Diversion Agreement.

Client stole in excess of $10,000 from her employer, who contacted police for an investigation. Mastantuono & Coffee managed the police investigation, secured a diversion agreement and prevented criminal charges from being filed.