Displaying items by tag: DUI Lawyers | Birdsall Law Offices S.C. | Defense Attorneys in Milwaukee, Green Bay and Wisconsin

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

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

Charged With a DUI? | Milwaukee & Green Bay Lawyers | Criminal Defense Attorneys

Attorney Theodore Perlick Molinari of Birdsall Law Offices explains in this legal information video what to do if you are charged with a DUI or OWI. Theodore Perlick Molinari specializes in DUI and OWI defense law. Theodore has had extensive success in defending against these types of cases. Theodore or anyone else at our office would be happy to explain to you the details of the different types of cases that we have succeeded in defending. Call for a free consultation today and Theodore Perlick Molinari would be happy to sit down and let you know where you stand in defending your case.

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

http://www.birdsall-law.com

What To Do If Charged With a DUI?

I want to talk real briefly about what you need to do if you are charged with an operating while intoxicated offense in the State of Wisconsin. The most important thing to do is get in touch with an attorney as quickly as possible. There is a reason for this. If you have refused the test, you have 10 days to request a refusal hearing. If you do not request that hearing within 10 days your license will be revoked for 12 months starting 30 days after the date that you were notified that you had refused the chemical test. The other reason that you want to call an attorney right away is that once you get your breath results or your blood results back on the chemical test you have 10 days to request an administrative suspension review hearing with the department of motor vehicles to keep your license valid while your case is pending. If you do not request this hearing your license will be pulled 30 days after you get notice of the results of the chemical tests. If you are a truck driver this could be devastating to your career. If you rely on unlimited driving privileges for your job you would rather have your license pulled on your terms and not the state’s so getting in touch with an attorney and filing these requests is absolutely critical. Another reason to contact an attorney is because many times police departments will destroy booking room videos and squad videos if you do not request them in a timely fashion. Getting ahold of these things can help your case because in most cases it is your word against the police officer. What we are looking for in putting together your defense is a way to establish that you were telling the truth. The best way to do this is with video evidence taken by the police officer at the time that you were booked. Those are the most important reasons to call an attorney right away. Additionally, there may be additional implications if you are an out of state driver that you need to know about or that you need to address before you go back home. For all of these reasons, calling an attorney is always your best route. You may not need one and we’ll be honest with you if you don’t. However, it will certainly be helpful to give us a call for a complimentary consultation.

Published in : Practice Areas

30 January 2012

The Police Are At Your Door | Milwaukee & Green Bay Lawyers | Milwaukee Criminal Defense Attorneys | Top Wisconsin Lawyers

Attorney Theodore Perlick Molinari of Birdsall Law Offices discusses in this video what to do if the police come to your door and want to talk to you. The moral of the story is that you should not make a statement. However, there are a few other things that you may want to know if you find yourself in this situation. Theodore is one of the best lawyers in Milwaukee. Birdsall Law Offices is one of the best Milwaukee Law Firms in the category of criminal law. If you are being accused of a crime or have been charged with a crime you should consult legal counsel as soon as possible.

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 Crimes

Call us today for a free consultation (414)831-5465

www.birdsall-law.com

The Police Are At Your Door

Many people ask me what to do if the police knock at your door. Well here are some things that you might want to think about before you let the police into your house. First of all go up to the door and see who is there. If they have badges, handcuffs and guns then it is the police and they are there to talk to you. Don’t open the door…period. If you open the door the police might think that they have the right to come in and take anything inside the house including the people and your property. Do not open the door. Lastly, always make sure to not make a statement. Anything you say may lead them to believe anything is happening inside that house that might be illegal. Once you have opened that door to let them walk in they will take the opportunity to do so. Whether that be by opening the door or making a statement or whether it is by any other means that is leading them to believe that anything else is going on inside that house that they want to get their hands on. Keep that in mind when the police come to your door. Remember when you answer the door to see who is there first. Second, don’t physically open the door. Third, don’t make a statement. If you steer clear of that you should be OK. In any event, call an attorney right away to make sure that your rights are supported so you don’t end up in court when you shouldn’t be.

Published in : Practice Areas

27 January 2012

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