frequently asked questions

No. Most cases that end up being charged criminally stem from interrogations. Even if you think that you are not in trouble or have done nothing wrong, it is almost always a bad idea to talk to the police before you find out what they are really after. To really figure out why the police want to talk to you, you will need an attorney who specializes in criminal law and knows about police tactics. The police will lie about evidence, pressure you, threaten you with arrest, assure you things will go easier if you confess or that you will feel better afterward. It is all a ploy to save them the time and energy of actually proving the case through old fashioned hard work. A confession cuts right to the heart of the matter and speaks for itself. Further, everything that you say will be twisted and contorted to make you sound like a bad person. If you agree that you may have hit the "victim" they will write that you "admitted" doing it. If you state that you had a beer a few hours before, they will portray this as "he had been drinking." Trying to be careful with your answers when you are nervous, tired, scared or under the influence of something is futile. Exercise your 5th Amendment right to silence!

No. Demand a warrant - this requires that they go to a judge and show probable cause that evidence of a crime is there and detail what that evidence is. If you just consent, you essentially lose your ability to challenge the search in court. If the search is illegal, you can bring a motion to suppress as evidence anything that was taken (i.e., it will not be allowed at your trial). This is critical to challenge even if they have a warrant since many times the justification the police give to the judge is based on the word of a snitch who is usually a criminal himself. Warrants can only be issued using "reliable" information. Warrantless searches are common because of the many exceptions that have been carved out by the courts - inventory searches, as part of the arrest, emergency circumstances (where evidence may be destroyed), taking things in "plain view" or based on some 3rd party's consent. All of these are challengeable but it takes a real focus on the ever changing law to be successful. The bottom line is - even if you think you have nothing to hide, you are not helping yourself by consenting. The officer's may pressure you with "You don't have anything to hide, do you?" or "It will go better for you if you cooperate." Ignore these pleas and keep your rights intact.

Find out the charge and get a copy of the criminal complaint. You can get this from the court file at the clerk's office since they are public documents. This will have a brief summary of what the police are saying was done and who some of the witnesses are. Also, find out when your next court date is and, if possible, who the judge is. Ask if it is a misdemeanor or a felony - a felony will require you to be held until you go to court. Misdemeanors can usually be allowed bond immediately. Finally, get legal help immediately taking care to seek an attorney that is experienced in criminal law. Do not speak to anyone but your attorney about the case since every word that comes out of your mouth can and will be used against you. This includes cellmates, lovers, friends, parents, siblings, neighbors, etc. You risk turning all those people into witnesses and will only complicate the case. Early missteps are what most damage most criminal cases.

Yes, Birdsall Law Offices always offers free initial consultations. You can call and speak with an attorney on the phone, or call and set up an appointment with Attorney John Birdsall or Attorney TJ Perlick-Molinari to discuss your case, or do both.

Birdsall Law has offices in Milwaukee, Wisconsin and Green Bay, Wisconsin. An attorney will meet with you at one of those locations, or if it is more convenient for both of you, at another location. If you are in incarcerated in a jail or a prison, the attorney will meet with you at the facility, or even an institution, if applicable.

Birdsall Law Offices offers a free initial consultation so that you can summarize your case to an attorney, an attorney can get a general understanding of what may need to be handled immediately, how much work might be involved in the case, and what he needs to begin researching right away. The term "case review" means a complete analysis of a case, the motions filed, the testimony given, which if any evidence is available or already suppressed, and so forth. A review is a detailed analysis of a case and all of the hundreds of pieces of paper that accumulate for a case. Because that type of indepth review requires a great deal of time, Birdsall Law does not promote case reviews at no charge. If you have a case that you wish to appeal, or would like discuss alterantive arrangements for a case review, please contact an attorney at Birdsall Law Offices.

Most cases are taken on a flat-fee basis, which is paid up front because most cases proceed very quickly. Because cases are on a flat-fee basis, work is not billed on an hourly basis.

A copy of the criminal complaint, your bond (showing the conditions that must be followed), any police reports you may have, and a list of witnesses that may have been present or may have pertinent information. It would also be very helpful to have you draft a written version of the events - it will help me evaluate for legal issues and will crystallize events in your own mind (this would be subject to the attorney-client privilege and used strictly for our own strategic purposes). If you have an appeal, also include a copy of the Judgement of Conviction (available from the court file), any transcripts from the trial, and everything from your trial attorney's file.

Never, repeat, never try to represent yourself. If you are forced by circumstances to go to court without counsel, ask the court for an adjournment so that you can get an attorney. Most judges will allow this since they would rather have you represented than deal with the headache of explaining points of law to you. Most courts are simply too busy. Then you need to find an attorney that is truly experienced in criminal law and has a record of success. While no lawyer can ever (nor should ever) guarantee a particular result (grab your wallet if this happens), they can mount legal defenses and constitutional challenges you simply would never think of or know how to apply.

Most cases are taken on a flat-fee basis, which is due and payable in advance because cases often proceed very quickly and require a lot of work in the beginning. The fee is dependant on several factors such as the difficulty of the case and the work that needs to be done. Whether the case will go to trial, pretrial only, or a full trial also affects the fees. Some cases are very simple, while others appear simple yet require extensive motions involving constitutional issues. Your choices also affect the case and the fees. For example, you may want to get the best possible plea deal you can or you may want to go to trial.

Drunk driving cases are taken on a flat-fee basis, which is due and payable in advance. Most fees fall into a set range, but there are differences based on when Birdsall Law is brought into the case and how quickly and which motions must be filed, if there is evidence or tests and if those can be challenged, as well as what you want to achieve.

Most cases are taken on a flat-fee basis, which are due and must be paid up front because most cases proceed quickly. Cases are seldom taken on an hourly basis, but when they are, the retainer is due up front.

Have your trial attorney file a "Notice of Intent to Seek Postconviction Relief." This is his duty as trial counsel if instructed and it must be done within 20 days of sentencing. Then you should find a criminal law specialist that can truly analyze what issues, if any, may have a chance on appeal. These may range from illegal searches and seizure, lack of probable cause to stop or arrest, or a coerced confession. The appellate attorney must order the transcript and file a Motion for Postconviction Relief with the trial court or, if the issues where sufficiently addressed at the trial, file a Notice of Appeal with the Court of Appeals. Be aware that winning appeals are extremely intricate and time-consuming and must be carefully written. Experience and known victories by the attorney are the key here.

Appeals can vary widely - postconviction motions, direct appeals, Petitions for Review to the Supreme Court, and federal appeals all require increasingly more and more work. For all these reasons, I never quote fees over the phone, but always have an office conference to assess the case. Most of the time my services are considerably more expensive than other attorneys - a result of experience, specialization and a history of excellent results.

Yes. In fact, I have extensive experience dealing with both. Drug cases nearly always have an issue regarding an illegal search by the police of a person, car, house, or some container. The issue can be whether the search was justified (i.e. "reasonable") and, if so, whether the police exceeded the scope of the search. In larger (usually federal) drug cases, there are often wiretaps. These must be applied for by the prosecutors and authorized by the court. If the government misrepresents its need to do a wiretap or a warrant, or exceeds the scope of the order, anything incriminating that comes from the illegal acts may be suppressed as evidence and not allowed at trial. In sexual assault cases, there is nearly always a problem with "other acts" (i.e., allegations that happened before the current case) being allowed into evidence by the court. Also, prior false accusations by the "victim" must be explicitly confronted - many of these cases are built on lies and/or misidentification that is usually aggravated by police misconduct in handling line-ups or twisting witness statements.

No. These areas of law, like criminal defense, are specialized. I can usually judge how good or bad a case is but for a thorough analysis, I would refer you to several top shelf lawyers who can actually represent you. I would only refer a case to someone that I consider experienced and who has an extensive record of victories - I know most all of the good lawyers across the state in most major areas of practice.

Yes. A common misconception about OWI's is that there is nothing an attorney can really do for you. That is not true. Challenges to the breath/blood tests ranging from the underlying science and design of the machine to the way it was maintained and operated that night can be made. Also, the field sobriety tests (walk and turn, finger to nose, etc.) are notoriously inaccurate barometers of intoxication (even the government's own training manuals admit that much). These, too, can be strongly challenged. Finally, do not forget that Wisconsin is a heavy drinking state with a rich tradition of drinking as a social imperative. Jurors are more sympathetic than you may think (at least in close cases). Don't forget that there is mandatory jail time with a 2nd, 3rd, 4th drunk driving and the 5th is a felony which could land you in the Wisconsin State Prison System.

Yes, we represent people against federal charges and on appeal of a federal conviction. We appear in both the Eastern District (Milwaukee & Green Bay) and the Western District Federal Courts (Eau Claire & Madison).

We represent people against any type of criminal charge, criminal appeal, post conviction motion, or drunk driving charge. Below is a list of some of the frequent cases we handle.

• Drunk driving - first offense, second through fourth misdemeanor offenses, and fifth and subsequent felony offenses.
• Drug related crimes including possession, possession with intent to sell, delivery, trafficking, and conspiracy, in both state courts and federal courts.
• Sex-based crimes including pornography, sexual assault, and sexual assault of a minor.
• Disorderly conduct
• Battery and domestic violence including physical child abuse, and disorderly domestic conduct.
• Homicide, vehicular homicide, negligent homicide, and felony murder.
• White collar crimes - embezzlement and fraud crimes such as prescription drug fraud.