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Wisconsin’s statutory rape laws are clear that it is illegal for anyone 18 years or older to engage in sexual activity with a minor. This includes sexual relationships between individuals with comparatively small age gaps, such as an 18 year old dating a 16 or even 17 year old. 

The short answer is no. Despite the designation of misdemeanors as “minor” offenses, a misdemeanor on your criminal record can have majorly negative consequences. Fortunately, theUS Constitution protects your right to legal counsel to help you avoid jail time, fines, and other penalties resulting from a misdemeanor conviction. 

Episodes of Law and Order may lead you to believe that law enforcement officers will always tell you that you have “the right to remain silent” during questioning, but this is not always the case. There are certain conditions in which law enforcement officers must read your full rights, but failing to read your Miranda Rights will not necessarily result in a case dismissal.
Monday, 19 December 2022 16:19

Suspected of a Federal Crime? Keep Quiet.

The pre-indictment process surrounding federal crimes is like an iceberg – very little above the surface, with most of the activity occurring below. If you have reason to believe you are under investigation for a crime, you should seek legal representation from a criminal defense attorney experienced in defending individuals suspected of federal crimes. Their first advice to you will likely be to invoke your right to remain silent during the pre-indictment process.
Tuesday, 01 November 2022 16:14

Can an Attorney Defend a Shoplifting Charge?

Oh no, have you or someone you care about been charged with shoplifting? Take a deep breath. It is possible to mount a strong defense against shoplifting charges, but you will need to help of a skilled defense attorney.


Continue reading to learn about some of the issues they may address in their defense.

Saturday, 01 October 2022 16:05

Our Stars

When facing a criminal charge that could change your life forever, your priority should be hiring an attorney who will defend you relentlessly.


Hiring a Super Lawyer will allow you to take a breath knowing that your case and future are in good hands.

Traffic stops can be nerve-racking on their own, not to mention adding a car search on top of one! If you end up in this type of situation, remember the following tips:
Monday, 01 August 2022 15:48

Current Wisconsin Marijuana Laws

In a time of ever-changing laws, you never know which ones will be different tomorrow! Although, marijuana is still illegal for recreational use in Wisconsin. Continue reading to learn about the penalties if you are charged with a marijuana crime.
Being charged with or investigated for a child pornography offense is a terrifying experience. Life as you know it hangs in the balance. One potential outcome is that you move forward and have a chance to rebuild your reputation; the other is you are labeled a convicted sex offender and required to register on Wisconsin’s sex offender registry for the rest of your life.
We have officially said farewell to the brief summer we all love here in Wisconsin, and now we move forward to the fall months with good news from the litigation team at Birdsall Obear & Associates. 
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Birdsall Obear & Associates LLC

Milwaukee: (414) 831-5465
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