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Milwaukee:
414.831.5465 

Green Bay:
920.544.1222 

Toll Free: 
800.257.4799 

Email:
info@birdsall-law.com

        Attorney John A. Birdsall of Birdsall Law Offices explains in this video how when police can show up at your door and attempt to question you even if you are not under arrest.  This method is called a knock and talk.  If you find yourself in a situation like this it is best to tell the police to go away and to call an attorney before you make any statement if you make one at all.
        Attorney John Birdsall of Birdsall Law Offices explains what your rights are if the police come to your door to perform a "knock & talk" for the purposes of questioning you. 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 

Knock & Talk Questioning

The police are at your door.  They want to talk to you.  They are not there to arrest you.  Rather they are there in what they call a “knock & talk”.  You still have a right under the Fifth Amendment of the United States Constitution to not make any statements.  You need to exercise that right especially at this critical moment.  There is two reasons for this.  The first is that nothing you say is possibly going to help you and will probably hurt you.  The police will twist your statements and generally make you look guilty in whatever report they write up.  The second reason is that you are no match for the police.  Even if you are resistant to giving a statement they will lie to you about the amount of evidence they have against you.  They will claim that other people have implicated you.  They may claim that they have video evidence.  Exercise your Fifth Amendment right and contact an experienced criminal defense lawyer before making any statements to the police.

Published in : Practice Areas
01 February 2012
        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

        In this video Attorney John A. Birdsall of Birdsall Law Offices talks about some criteria that should be considered when choosing a criminal defense lawyer in Milwaukee, Green Bay, or anywhere you may be charged with a crime.  You want to find the best lawyer that you can that specializes in criminal defense.  Attorneys can have many specialties.  The specialty of the top tier attorneys at Birdsall Law Offices is criminal law.    

        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 Crimes

Call us today for a free consultation 414.831.5465

www.birdsall-law.com 

How To Choose A Lawyer

        So you have been charged with a criminal offense.  How do you choose a criminal defense lawyer in Milwaukee, Green Bay, or any other city?  This is not like choosing a lawyer for your divorce or choosing someone to make out a will for you.  This is a serious decision with your life and your liberty at stake.  There is four points that you mainly want to focus on when choosing a criminal defense attorney.  The first point is you want a lawyer that specializes in criminal law.  Not somebody that is a general practitioner.  Not somebody that splits their practice into multiple areas.  Criminal law is a highly specialized area of law.  So whether your case is a drug crime, a sex crime, a DUI or an OWI; the law is so complicated that you have to specialize if you want competent representation.  The second thing that you want to focus on is whether or not the criminal defense attorney has a track record of success.  You want to know whether or not they have had serious jury trials.  Specifically, you want to know that they have had criminal trials in your area with the type of crime that you are charged with.  You should check them out and do not be afraid to ask them questions.  The third thing that you want to focus on is whether or not they are aggressive.  A lot of defense lawyers will say they are aggressive.  You have to use your own judgment of whether or not they are actually going to be aggressive.  By aggressive, I mean someone who will literally interview every prosecution witness against you.  They should provide you with all the evidence so you can make the decision about how to handle your case.  They should follow up developing their own witnesses and doing their own investigation.  That is the only way that you are going to be able to go to the prosecutor and ask them to dismiss a case.  You must bring something to the table.  The only way that you are going to win at trial is if you can bring something to the jury.  Otherwise, all that will be left is the cop’s  story as well as all the witnesses that the state or federal court has brought against you.  The final thing to pay attention to is cost.  Obviously a criminal defense attorney is going to cost some money.  Don’t make the mistake of going to a cut-rate criminal defense lawyer.  There is a lot of them out there and what you are largely going to end up with is just a warm body next to you in court.  If you have been saving for a rainy day, I assure you when you have been charged with a crime, it is raining.  Be very careful about this decision and think about these four factors. 

Published in : Practice Areas
15 January 2012