John A. Birdsall, president of Birdsall Law Offices, S.C., was elected to the Milwaukee district of the Wisconsin State Bar Board of Governors and will begin his service in July. The Board of Governors manages and directs the affairs and activities of the State Bar of Wisconsin. Birdsall will be one of the twelve governors part of the Milwaukee District. Birdsall is also the only attorney on the board to exclusively practice criminal defense law.
Birdsall brings a history of leadership along with this unique perspective as he is currently on the board of directors of the Wisconsin Association of Criminal Defense Lawyers and the Criminal Law Section of the State bar of Wisconsin. Birdsall also serves on the board of directors at the YMCA of Metropolitan Milwaukee.
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.
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?