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Knock & Talk | Milwaukee & Green Bay Lawyers | Criminal Defense Attorneys

        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
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Will I Be Convicted? | Milwaukee & Green Bay Lawyers | Criminal Defense Attorneys

        In this video Attorney Theodore Perlick Molinari of Birdsall Law Offices explains what you can expect if charged with a crime.  A skilled criminal defense attorney will not be able to tell you what will happen in your case without looking at it closely.  One of the experienced criminal defense lawyers at Birdsall Law Offices will be glad to sit down with you to discuss the details of your case.  That is the best way for us to give you advice on the crime you have been charged with and advise you on what to do.

        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

Will I be Convicted?

        Many times I am asked:  What kind of results can I expect in my case?  That is a really tough question to answer in most cases and here is why:  Normally, we would want to take a look at all of the evidence that is against you primarily to determine what kind of case you have in the first place.  That is typically where we start.  We look at the evidence, we look at what your side of the story is, and we determine what the pros and cons of your case are.  Beyond that, there may be other factors that we need to take into consideration such as; is the police officer that arrested you retiring soon?  Are there any problems with the department that arrested you?  All those kinds of intangibles are very hard to diagnose right away so answering the question of what kind of case do I have is not something that can be done in 5 minutes.  Typically what we need to do is take time, be patient, investigate your case and make sure that we have looked at everything that we need to in order to give you a better and more informed opinion.  Any lawyer that says to you right of the bat that you have a “slam dunk” or that you have no case at all and you have spent 5 minutes with them; you should discard that advice immediately.  That person has not spent the time that is necessary to investigate your case to get to know the circumstances surrounding your case or the circumstances even around the officer who arrested you.  So our advice is when asked “What kind of case do I have?” is:  Let us take some time to look into it and let’s give you a good answer.

Published in : Practice Areas
24 January 2012
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Ignition Interlock Devices | Milwaukee & Green Bay Lawyers | Criminal Defense Attorneys

        In this video Attorney Theodore Perlick Molinari of Birdsall Law Offices explains how an ignition interlock device works and the law surrounding the device.  There are many things that you should know regarding DUIs, OWIs, drunk-driving charges adn ignition interlock devices.  

        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

Ignition Interlock

        A lot of people have asked me: “What is an ignition interlock device?”  An ignition interlock device is a device that is installed on your vehicle so that you cannot start it without blowing into it to prove that you are not driving intoxicated.  What the device does is it senses alcohol in your system so that it knows if you are too impaired to be driving your vehicle.  Ignition interlock devices are installed in vehicles that are driven by owners that have been found guilty of a first offense drunk driving or OWI, if their blood alcohol level during the first offense is 0.15 or above, on all second offenses, on all third offenses, fourth offenses and upwards.  Anything other than a first offense you will be required to have an ignition interlock device.  Now, there is some new law being proposed in the state legislature saying that all OWI defendants regardless of the offense and regardless of the Blood Alcohol Content (BAC) should have to equip their vehicle with an ignition interlock device.  There are pros and cons to this law.  Some people say that it will help cut down on repeat offenses.  Some people say that it is an infringement upon liberty.  The bottom line is this:  If this law passes there are going to be a lot of people fighting this law.  There are a lot of problems with ignition interlock devices.  They are costly.  They are not always reliable.  In emergency situations they do not allow you to operate your vehicle.  Before we start going down that road we should think long and hard about these issues.  They are very important.  They infringe upon our liberty.  It is the government taking something away from us that we would normally have.  We have to decide if that is a good thing or a bad thing.

Published in : Practice Areas
23 January 2012
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John Birdsall earns the Martin Hanson Advocate Prize for Acquittal of a Homicide Case in May of 2011 - State vs. Lewis

John Birdsall earns the Martin Hanson Advocate Prize for Acquittal of a Homicide Case in May of 2011 - State vs. Lewis

     The Martin Hanson Advocate's Prize is awarded to criminal defense attorneys who achieve the very difficult and rare task of winning a criminal homicide case.  Acquittal of a criminal homicide case is an achievement that very few lawyers have had the success of accomplishing.  Acquittal of any criminal homicide case is often a lengthy and arduous journey where skill and experience in the courtroom is a must.  The Hanson Prize serves as recognition for acquittal under what are often very challenging circumstances.

     In May of 2011 John Birdsall won a criminal homicide case that stemmed from a cold case investigation from almost 20 years ago.  Conviction rates in cold case homicides are often close to 100 percent.  The cases brought forth by cold case departments are often investigated by the best of law enforcement making these types of cases very difficult to defend against.  These facts made the State vs. Lewis case that John took to trial all the more difficult.  However, when John took on this case he knew that he had the ability to get the best possible results based on the circumstances.  He knew that he had the skills and expertise to possibly achieve an acquittal for his client.  John's confidence in taking on and ultimately trying this case turned out to be well-founded as he eventually fought the case to acquittal.

     In criminal defense, a homicide case can be very difficult to take to trial and John is very fortunate and satisfied in the outcome and will move forward as a defense attorney in Wisconsin with this valuable experience in his portfolio of skills.

Published in : Latest News
19 December 2011
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Child Enticement

Child Enticement Defense Lawyers | Wisconsin Criminal Defense Attorneys

If you have been charged with any crime that involves child enticement or accused of any crime involving child enticement it is important that you contact an experienced defense attorney immediately.  Crimes involving child enticement can carry serious penalties that can include many years in prison or jail and being required to register in a sex offender registry.  An experienced defense attorney from Birdsall Law Offices can explain to you the details of the charge or accusation of child enticement that you need to defend against.  It is never a good idea to defend yourself in court especially with a charge as serious as child enticement.  There are many things to consider in a case involving child enticement which is why you must get an experienced defense attorney right away.  Call Birdsall Law Offices today to set up a free one hour consultation to discuss the details of your child enticement case.  The attorneys at Birdsall Law Offices have many years of experience dealing with criminal defense of all types so we are qualified to handle any other criminal defense needs you may have.  When you come in for you free consultation we will give you the information that you need to put your mind at ease and take on the work of defending you so you can focus on your life.

If you've been charged with a sex crime the attorneys at the Birdsall Law Offices located in both Milwaukee, WI and Green Bay, WI are ready to defend and protect you. Sometimes, what may be considered by one person to be consensual sex results in a criminal charge for date rape. Or, viewing a particular website – no matter a person's knowledge or intentions – leads to multiple charges for possession of child pornography. Sex crimes carry a lifetime of consequences and ruin more than just your reputation In addition to your liberty, you can lose your job, marriage, and children. People convicted of sex crimes can be publicly identified as a sex offender and, in most communities, can be forced to move. The criminal defense lawyers at Birdsall Law Offices defend people facing the fear and uncertainty that comes with being accused of any type of sex crime. Please contact us to call or email our law office in either Milwaukee or Green Bay today for a free consultation to learn how we can defend and protect you.

The state must prove 3 elements:

  1. That you "caused" the child to go into a car, building, room or other "secluded place"

  2. That you "intended" to have "sexual contact" with the child

  3. That the child was under 18 years of age

This involves the "luring" of a child into a "secluded place" with the intent to have sexual contact, cause them harm or give them drugs. This charge is commonly brought along with one for sexual assault of a child. In such a case, the child is almost certainly going to go into some room, car or building where the conduct takes place. It is significant to note that this can be charged as an "attempt" but carries the same penalty as the completed act (actually getting the child in the place). Normally, the penalty for an attempted crime is half of the completed act. This presents an opportunity for prosecutors since many actions by a person can be interpreted as "attempting" to "cause" a child to go into a certain place, to which evil intent can be ascribed.

> Wisconsin penalty for Child Enticement:

  • 15 years prison

Published in : Practice Areas
28 November 2011
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