Criminal Defense

The State Bar of Wisconsin – A Day With the Experts in Criminal Defense



The State Bar of Wisconsin’s Pinnacle Program and program director, attorney John A. Birdsall, will present a CLE seminar focused on criminal defense. “A Day with the Experts in Criminal Defense” seminar will take place Friday, June 13, 2014 in Madison, WI.

CLE events are designed to further legal education and hone your expertise as an attorney. John A. Birdsall is proud to be a part of this seminar and continue his personal tradition of education.

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About the Seminar

The prosecution can seem pretty intimidating in a criminal case – with a virtual army of police, investigators, forensic scientists, and medical experts arrayed against your client. On the other hand, as in football or chess, these’s an equal and opposite defense to every prosecutorial move. This CLE seminar will further your understanding of criminal defense and hone your skills as a defense attorney.

Along with John A. Birdsall and the panel of criminal defense experts, you’ll

  • Unlock the mysteries of a typical DNA report as well as the laboratory procedures, technical language, and the strengths and weaknesses of the conclusions
  • Be aware of the common problems with the eyewitness identification and learn how to challenge the reliability of eyewitnesses
  • Recognize the contributing factors to unreliable child forensic interviews and learn specific methods to challenge the prosecutor’s experts
  • Learn the risk factors leading to false (and not so false) confessions, how to analyze them, and how to challenge them in court

 

Register today online by clicking here or by phone at (800)-728-7788

 

 

 

Early Success for Young Defense Attorneys

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Attorneys Matthew Meyer and Ben Van Severen are seeing early success here at Birdsall Law Offices. Both attorneys focus their practice primarily on criminal defense, including OWI defense. Matthew Meyer was recently nominated to the National Trial Lawyer’s Top 100 Trail Attorneys in Wisconsin.

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Defense Attorney Matthew Meyer

The National Trial Lawyers’ mission is to promote excellence in the legal profession through advocacy training, networking, and education of trial lawyers. Membership to the National Trial Lawyers Top 100 Trial Attorneys is through invitation only and is offered to attorneys that have shown leadership, influence, and reputation as a trial lawyer.

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Defense Attorney Ben Van Severen

Matthew is not the only one at Birdsall Law Offices experiencing success as Attorney Ben Van Severen had his first ever trial in February, which resulted in a victory. Birdsall Law Offices is proud of their successes and achievement so far in their careers.

Educating Milwaukee on Criminal Defense

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One of the biggest hurdles that people face when charged with a crime is that they do not understand the typical criminal procedure. Being charged with a serious crime like drug possession, homicide, or sexual harassment is not something that anyone anticipates so there is a lack of knowledge of how to handle the situation. Not knowing how to properly handle the situation can lead to making false statements that the police can deem incriminating.

Milwaukee attorney John A. Birdsall believes education and understanding the implications of a criminal charge are one of the first steps in a successful defense. When the defendant is familiar with what they are being charged with, exactly what it means, and what to expect, the defendant can have a clear mind to begin their defense. From this idea, Birdsall Law Offices S.C. has made four new websites devoted to educating people on various criminal charges and how to handle them. The four sites are devoted to DUI defense, sex crime defense, homicide defense, and drug crime defense.

We invite you to check out the sites below and educate yourself. However, always contact a lawyer as soon as possible when charged with a criminal offense.

WISCONSIN DUI – DRUNK DRIVING DEFENSE

MILWAUKEE HOMICIDE DEFENSE

MILWAUKEE SEX CRIME DEFENSE

WISCONSIN DRUG CRIME DEFENSE

 

 

Relevant Evidence: A Bigger Issue Than You Think

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It seems intuitive that all evidence for a case should be considered during a criminal trial. But in many cases, deciding what evidence is relevant and what evidence is not can be a major issue. Many state laws call for DNA evidence to be preserved forever, but what about certain video, audio, or image evidence 

The destruction of these materials, in most cases, is up to the judge’s discretion, according to this case article from marionstar.com. In this particular case based in Columbus, OH, the judge backed the destruction of some pieces of evidence in a rape and murder case, based on the nature of the evidence. The evidence was deemed obscene and did not serve any real purpose to the case.

Attorney John A. Birdsall agrees that most items should be preserved, especially when you look at the amount of exonerations since DNA was first implemented. “While this isn’t involving DNA, any pertinent evidence in a serious conviction, even a guilty plea, should have a presumption of retention,” continued Birdsall. Cases like this serve as a great reminder of exactly how complicated criminal trials can become and how critical quality representation can be for a case.

Is it right to have evidence retention up to the discretion of the judge, what do you think?

Check out the case article here for more information.

Impossible Cases | Milwaukee Cold Case DNA Defense Attorney


Birdsall Law Offices has experience in defending against cold case homicide charges.  Many people believe that DNA evidence makes defense impossible.  We have top criminal defense attorneys on staff to handle these types of cases.

You have been charged with a serious criminal offense. You are very concerned that your case is impossible. You may think that there is no way that you could possibly win at trial. We have experience with “impossible cases”. Take for example the case State vs. Lewis tried in May 2011. This case was a “cold case” reckless homicide with DNA evidence, a strangulation, murder and sexual assault. It was a one week long jury trial and the jury came back not guilty. The reason that we were able to do this is simple. We completed a serious investigation, we used competent experts and the knowledge and experience that comes with having tried over 200 jury trials. No case is impossible, even yours.

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

www.birdsall-law.com

How To Choose A Lawyer | Milwaukee & Green Bay Criminal Defense Attorneys

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

How To Choose A Lawyer:
So you have been charged with a criminal offense. How do you choose a lawyer? 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. The first point is you want someone that specializes in criminal law. Not somebody that is a general practitioner. Not somebody that splits their practice into multiple areas. This is a highly specialized area of law. So whether your case is a drug crime, a sex crime 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 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 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 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 this is going to cost some money. Don’t make the mistake of going to a cut-rate 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.

Will I Be Convicted? | Milwaukee Defense Attorney

Many people ask Attorney Theodore Perlick Molinari of Birdsall Law Offices if they will be convicted of the crime they are charged with.  In this video, Theodore will explain what factors may play a part in determining that.