SEX CRIME CASES

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An out-of-state college student met a girl on an on-line dating website. After several conversations via text as well as over the phone, the two decided to get together for a date. The date went well and the couple agreed to see each other a second time. Feeling that they had really hit it off, they kept corresponding and developed a strong interest in continuing what seemed like a wonderful relationship.

The young man made a second trip up to Wisconsin and met up with the girl. They went out to dinner, went for a walk by the lake, and then ended up getting a hotel room. The next day, he dropped her off at her house and went home feeling that this was the beginning of a long term relationship. Much to his surprise, a warrant was issued for his arrest.

Unbeknownst to the young college student, the girl of his dreams had lied about her age and it turned out that she was actually under the age of 16. He was heartbroken, and worse, his entire future that he worked hard for was now in jeopardy. Prosecutors didn't care that he had a straight A average in his classes, that he had prospects for significant internship opportunities, or that he had not even had a speeding ticket in his entire life. "The law is the law," and his belief about her age, even taking into account the lies she told, simply didn't matter to the prosecutors.

After a year and half of fighting for this client and steering the case toward the proper outcome, Attorney Obear was finally able to secure a complete dismissal of all of the charges against the college student. He is due to graduate soon, with his bright future secured.

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Charge: Potential child sexual assault charge. Accused of indecently touching stepdaughter. Allegations surfaced after teacher heard girls talking about client “tickling.” Social worker interviews trumped this up to “touching” of an “intimate part.” We were able to secure a letter from the stepdaughter stating that she had been bullied by the social worker and recanted any supposed statement.

Venue: Milwaukee Co.

Result: No charges filed

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Charge: 2nd degree sexual assault, kidnapping

Venue: Racine County

Result: Case dismissed after alleged victim’s sordid past was exposed and challenged in court; alleged victim chose not to appear at the trial

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Charge: Fugitive from justice. Client was arrested in 2/08 on a sexual assault charge in Iowa. That case was dismissed in 6/08. The bond required no contact with the victim. Contact had been made on numerous occasions but no charges were ever filed. In 1/09, client moved to Wisconsin with her spouse. In 4/09, a complaint and warrant were issued in Iowa and Client was arrested as a fugitive in Wisconsin. Normally, fugitives are kept in custody until the requesting state comes and gets them. We obtained an agreement with the Iowa DA that client could be released on bond. The Wisconsin DA, however, objected. We were able to show the commissioner in Wisconsin that the client owned a home in Wisconsin, had turned herself in on the original charge and was never notified of the existence of the warrant.

Venue: Milwaukee County

Result: Released on Personal Recognizance Bond.

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Charge: 10 counts of possession of child pornography on a computer, 1 count exposing child to harmful materials. Client’s ex-girlfriend accused him of possessing these images after he was arrested on battery charges involving her. However, defense experts proved through a forensic test of the computer that the pictures were all viewed under her login. Later, she admitted in an interview with defense investigators that he did not know her login and she did not know his.

Venue: Kenosha

Result: Not guilty

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Charge: Failure to register as a sex offender, two separate criminal cases in 2 counties. Original incident occurred when client was a juvenile in group home. After turning 18 in 1992, client charged with a felony as an adult. Sex Offender Registration law was not passed until 1995. Sentencing judge never ordered registration and never mentioned it in court. Client’s probation officer later demanded it when law took effect. Worker from group home, whom client was instructed by court to obey, wrongly instructed him not to register. Charged in two counties and both wanted felony convictions and jail despite no offenses since 1992 conviction.

Venue: Shawano, Langlade

Result: Langlade County dismissed, felony charges in Shawano county amended to misdemeanor resisting or obstructing an officer, 2 years probation.

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When KQ's family came to our firm, they were devastated having just learned that their son had been accused of sexual assault of a minor. Kirk went quickly to work to investigate and develop evidence in KQ's favor. Dedicating many late nights and weekends to the case, Kirk put together a case file that put the prosecution in a position to be unwilling to proceed on the charges. Ultimately, the charges were dismissed without the client spending a single minute in jail. He is now back on course to advance his career and put the nightmare of the allegations behind him.

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The client was charged with Repeated 1st Degree Sexual Assault of a child, an extremely serious felony. Over the course of 18 months, Kirk filed motions which developed the defense against the charges in a way that made it impossible for the prosecutor to proceed. S was facing 80 years in prison, but when Kirk convinced the prosecutor to drop the charges, S walked out of the courtroom without any conviction at all.

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Charge: Potential charges of sexual assault of a child. Client accused by step-nephew of several acts of touching and exposure. The boy’s father was the force behind making the boy make statements. Defense investigation exposed the boy as an habitual liar and emotionally troubled. When this was presented to prosecutors, they declined to charge.

Venue: Outagamie, Calumet

Result: No charges filed

Additional Info

Charge: Potential charges of sexual assault of a child. Client accused by step-nephew of several acts of touching and exposure. The boy’s father was the force behind making the boy make statements. Defense investigation exposed the boy as an habitual liar and emotionally troubled. When this was presented to prosecutors, they declined to charge.

Venue: Outagamie, Calumet

Result: No charges filed

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Charge: Appeal, new trial on charges of 2nd Degree Sexual Assault of a Child and Child Enticement. Client, 18, was out with girl, 14 as friends. They parked late at night and when police knocked on window, they were partially undressed. Police got girl to admit that client touched her breast. That was the sole allegation and client claims it was an accident when police came. Client had court-appointed attorney who talked him into pleading guilty to a felony. We appealed and got conviction reversed. At the new trial, the victim admitted to lying multiple times to police, prosecutors, defense, and investigators under cross examination.

Venue: Eau Claire

Result: Conviction reversed. Trial: Not Guilty.

Additional Info

Charge: Potential child sexual assault charge. Accused of indecently touching stepdaughter. Allegations surfaced after teacher heard girls talking about client “tickling.” Social worker interviews trumped this up to “touching” of an “intimate part.” We were able to secure a letter from the stepdaughter stating that she had been bullied by the social worker and recanted any supposed statement.

Venue: Milwaukee Co.

Result: No charges filed