blo logo 176

Milwaukee:
414.831.5465 

Green Bay:
920.544.1222 

Toll Free: 
800.257.4799 

Email:
info@birdsall-law.com

New truth in sentencing

Published in : Sentencing
29 July 2012
Read more...

Can the Police Search Your Vehicle? | Wisconsin Criminal Defense Lawyers

   

        In this video Attorney John A. Birdsall of Birdsall Law Offices explains when the police have the right to search your vehicle. Birdsall Law Offices can defend against State of Wisconsin and Federal Criminal charges. Birdsall Law Offices Specializes in Criminal Defense and DUI & OWI Defense. Call us today to find out what we can do to defend your case. We have over 25 years of experience in taking difficult cases of all kinds to trial. We are very experienced trial attorneys and we will always work hard to get the best results possible. Unlike other attorneys, we are not scared to go to trial. We have extensive success in criminal defense case that go to trial. We have specific experience in:
-Homicide
-Drug Trafficking
-Drug Possession
-Sex Crimes
-Internet Crimes
-Computer Crimes
-Federal Crimes
-OWI
-DUI
-Drunk Driving
-White Collar Crime
-Violent & Domestic CrimesCall us today for a free consultation 414.831.5465
http://www.birdsall-law.com

Can the Police Search Your Vehicle?

        When you are stopped by the police in your car, do they have the legal right to search your car?  The answer is yes under certain circumstances.  If they place you under arrest they can search the interior of your car in an exception to the Fourth Amendment warrant requirement called incident to arrest.  That means that they can search the back seat, the front seat, underneath the seats, the locked glove compartment and the trunk.  What they can’t do is open up any containers they find in those areas.  Things like boxes you may have, backpacks and purses.  They would need a warrant to search those.  To avoid having to go get a warrant they will try to get you to give them consent to search those containers.  My advice is: do not give that consent.  If you do, what you are giving up is any right to challenge the searches later in court and of course any contraband that they might find in those searches.  Preserve your rights under the Fourth Amendment.  They are yours.

Published in : Practice Areas
24 February 2012
Read more...

Can the Police Search Your Person? | Wisconsin Criminal Defense Lawyers

        In this video Attorney John A. Birdsall of Birdsall Law Offices explains when the police have the right to search your person. Birdsall Law Offices can defend against State of Wisconsin and Federal Criminal charges. Birdsall Law Offices Specializes in Criminal Defense and DUI & OWI Defense. Call us today to find out what we can do to defend your case. We have over 25 years of experience in taking difficult cases of all kinds to trial. We are very experienced trial attorneys and we will always work hard to get the best results possible. Unlike other attorneys, we are not scared to go to trial. We have extensive success in criminal defense case that go to trial. We have specific experience in:
-Homicide
-Drug Trafficking
-Drug Possession
-Sex Crimes
-Internet Crimes
-Computer Crimes
-Federal Crimes
-OWI
-DUI
-Drunk Driving
-White Collar Crime
-Violent & Domestic CrimesCall us today for a free consultation 414.831.5465
http://www.birdsall-law.com

Can the Police Search Your Person?

Do the police have the right to search your person when you are out in public?  For example, can they search you when you are at a public event such as a Milwaukee Brewers game or Summerfest.  The answer is yes under certain circumstances.  Normally they can only do a search if they go to a judge, show them probable cause and obtain a warrant.  However, the Supreme Court has carved out an exception called a “Terry stop” which allows them to stop you, question you and frisk you for weapons.  This is a minimally invasive search.  However, they can expand it if they claimed they felt an unusual lump that might not qualify as a weapon but one might normally not find.  In this case, they can go inside your clothing and retrieve whatever that is.  What I want you to watch out for is if they ask for your consent to search your person.  If they do, what that means is that they don’t have probable cause.  They certainly don’t have reasonable suspicion.  They are looking to avoid having to go to the judge to get a warrant.  My advice is to preserve your rights and do not give consent.  If you do, you are essentially waving any chance to challenge that search in court in the future.

 

Published in : Practice Areas
24 February 2012
Read more...

Miranda Rights | Milwaukee & Green Bay Lawyers | Criminal Defense Attorneys

        Attorney John Birdsall of Birdsall Law Offices explains in this video some issues concerning Miranda rights and when the police are required to read them to you.  The criminal defense attorneys at Birdsall Law Offices can step in and defend your rights if you feel that your Miranda rights have been violated.  

        Attorney John Birdsall of Birdsall Law Offices explains your Miranda rights and when the police have to make you aware of them. Birdsall Law Offices can defend against State of Wisconsin and Federal Criminal charges. Birdsall Law Offices Specializes in Criminal Defense and DUI & OWI Defense. Call us today to find out what we can do to defend your case. We have over 25 years of experience in taking difficult cases of all kinds to trial. We are very experienced trial attorneys and we will always work hard to get the best results possible. Unlike other attorneys, we are not scared to go to trial. We have extensive success in criminal defense case that go to trial. We have specific experience in:
-Homicide
-Drug Trafficking
-Drug Possession
-Sex Crimes
-Internet Crimes
-Computer Crimes
-Federal Crimes
-OWI
-DUI
-Drunk Driving
-White Collar Crime
-Violent & Domestic CrimesCall us today for a free consultation 414.831.5465

http://www.birdsall-law.com

Miranda Rights

Over the years people have asked me about their case and said that the police didn’t even read me my Miranda Rights seeming to think that will get their case thrown out of court or make it invalid.  That is just not true.  The fact of the matter is that police do not always have to read you your Miranda Rights.  There is two legal requirements for them to do so.  The first is if you are in custody.  The second is if they are actually conducting an interrogation as opposed to an investigation.  So for example, since the police know this, they will do something call a “knock & talk” where they will simply knock on your door and start talking to you.  They know that they do not have to give you your Miranda Rights and usually the people they are talking to do not know that they do not have to talk to them.  Whether or not they have to give you your Miranda Rights does not affect your rights under the Fifth Amendment to not make any statements that might incriminate you.  You should absolutely keep that in mind.  If you have any questions about what the police are there for then simply do not talk to them.  They might threaten to arrest you.  They might threaten to arrest other people.  They might make statements about evidence they have against you.  Do not fall for it.  Any statements that you make that are voluntary are going to be used against you in court.  It is better to be silent and subject to arrest than to be subject to conviction.

Published in : Practice Areas
01 February 2012
Read more...
Subscribe to this RSS feed