Initial Consultation
Can I get a free initial consultation?
Yes. Birdsall Law Offices always offers a free initial consultation. Please contact
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or
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to set up a phone or in-person consultation to discuss your case. We specialize in all criminal matters, including drunk driving, sex crimes, drug crimes, assault & battery, computer crimes, theft, homicide, and more. Whether you've just been accused of a crime, are appealing a previous conviction, or challenging a sentence, we'll put our experience to work to protect you and your reputation and to defend your rights.
Birdsall Law has offices in Milwaukee and Green Bay, Wisconsin, and practices statewide.
What are your hourly fees?
Most cases are taken on a flat-fee basis, which is paid up front as most cases proceed very quickly. Work is not billed on an hourly basis.
What documents should I bring with me to the initial consultation?
- A copy of the criminal complaint
- Your bond, which shows conditions that must be followed
- Any police reports
- A list of witnesses who may have been present or who may have pertinent information about your case
- A written draft by you of the events that took place, which will allow us to evaluate for legal issues and will clarify events in your mind (subject to attorney-client privilege and will not be shared)
- In the case of an appeal, a copy of the Judgment of Conviction, any transcripts from the trial, and everything from your trial attorney's file
Do you handle Wisconsin DUI, OWI, and other traffic matters?
Yes. A large majority of the cases we handle deal specifically with drunk driving.
When you've been charged with drunk driving, there are many instances in which you have a solid defense. We can help you craft that defense and plead your case.
Challenges can be made to breath and blood tests and can include questioning the underlying science and design of the machine used to do the test; the way it was maintained and operated; and even the day or night it was used. Field sobriety tests (walk and turn, finger to nose, etc.) are notoriously inaccurate barometers of intoxication and can be heavily challenged in court.
It is important to remember that 2nd, 3rd and 4th drunk driving offenses carry mandatory jail time, and a 5th offense is a felony which could land you in the Wisconsin State Prison System. Even with these established penalties, it is crucial that an experienced criminal defense lawyer is on your side and available to help you.
Do you handle drug and/or sexual assault cases?
Yes, and we have extensive experience dealing with both types of cases.
Drug cases almost always have an issue regarding an illegal search by police of a person, car, house, or some container. The issue can be whether the search was justified or "reasonable," and if so, whether the police exceeded the scope of the search. In the event of a wiretap, which most often occurs in larger, federal drug cases, prosecutors must apply for these and they must be authorized by the court. If the government misrepresents its need to do a wiretap, or if it exceeds the scope of the order, anything incriminating may be suppressed as evidence and not be allowed at the trial.
Almost all sexual assault cases involve "other acts," allegations of similar conduct that occurred prior to the current case, being allowed into evidence by the court. In addition, prior false accusations by the "victim" must be explicitly confronted. Many sexual assault cases are built on lies and/or misidentification that is often aggravated by the conduct of police in handling line-ups and/or witness statements.
Do you handle civil rights or personal injury cases?
No. These areas of law, like criminal defense, are specialized. We can refer you to an experienced lawyer with a track record of winning who will be able to handle your case.
What types of cases do you handle?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.
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Drunk Driving –first offense, 2nd, 3rd and 4th misdemeanor offenses, and 5th and subsequent felony offenses
About Police, Questioning, Searches, and Arrests
I or a loved one was just arrested. What should I do?
If you or someone close to you has been arrested, there are immediate steps that you should take:
Find out what charge is being brought against you, and get a copy of the criminal complaint. You can get this from the court file at the clerk's office since these are public documents. This will give you a brief summary of the charges against you and who the witnesses are.
Find out when your next court date is and, if possible, which judge will be presiding over your case.
Ask if the charge is for a misdemeanor or a felony. A felony will require you to be held in police custody until you appear in court, while a misdemeanor usually allows for immediate bond.
Seek legal help immediately, taking care to find an attorney who is experienced in criminal law.
Do not speak to anyone except your attorney, as everything you say can and will be used against you. This includes cellmates, lovers, friends, parents, siblings, and neighbors. By talking with anyone besides your lawyer, you risk turning them into potential witnesses, which will complicate the case.
The police are at my door right now and want to question me. Should I talk? No. Most cases that end up being charged criminally are the result of interrogations such as this. It's almost always a bad idea to talk to police until after you know what they're looking for, even if you believe you're not in trouble or that you've done nothing wrong.
It's vital to seek the help of a lawyer who specializes in criminal law and understands police tactics. When interrogating you, the police will often lie about evidence, pressure you, threaten you with arrest, assure you that all will be easier if you simply confess, or even tell you that you will "feel better after you confess."
Keep in mind that anything you say may be used to incriminate you. Seemingly harmless statements such as "I may have hit the guy" and "I had a beer a few hours ago" may turn into "the suspect admitted to hitting the victim" and "the suspect had been drinking."
Especially if you are nervous, tired, scared, or under the influence, it is best to exercise your Fifth Amendment right to silence until you've consulted a lawyer.
The police are at my door right now and they want to search the house. Should I allow them inside? No. Instead, demand a warrant. This requires that the police go to a judge and show probable cause that evidence of a crime is in the house, and they must be able to detail what that evidence is. If you consent to a search without a warrant, you will lose your right to challenge the search in court. Warrants can only be issued using "reliable" information. If the search is illegal, you can bring a motion to suppress as evidence anything that was taken, meaning it will not be allowed at your trial. Even if you think you have nothing to hide, you have nothing to gain by consenting.
About Court
I have a preliminary hearing tomorrow. What should I do?
Never, ever try to represent yourself. If you are forced by circumstances to go to court without legal counsel, ask the court for an adjournment so that you can get an attorney. Seek the services of a lawyer who is experienced in criminal law and has a record of success. While no lawyer can ever guarantee a specific outcome (and beware of one who does), an experienced attorney can mount legal defenses and constitutional challenges that you simply would not think of or know to apply. This will give you a much better chance of winning your case.
> See Criminal Procedure for additional information.
I was just sentenced and I want to appeal. What is my next step? If you wish to appeal your case, have your trial attorney file a Notice of Intent to Seek Post-Conviction Relief. This must be done within 20 days of sentencing. Once this has been done, seek the services of an attorney who specializes in criminal law and will be able to analyze the issues that may have a chance at appeal. These issues include 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 Post-Conviction Relief with the trial court, or if the issues have been sufficiently addressed at the trial, file a Notice of Appeal with the Court of Appeals. Be aware that winning appeals is extremely time-consuming and intricate work, and it's important that an experienced attorney with a proven track record is the one to handle your appeal.
> See Criminal Procedure for additional information.
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