tag:blogger.com,1999:blog-4300715983197086872011-11-27T18:40:38.942-06:00Presumption Of Innocence... perceptions, provisions and general comments about law, life and politics from the notepads of the Wisconsin criminal and drunk driving defense attorneys at Birdsall Law Offices, S.C., Milwaukee, Wisconsin and Green Bay, Wisconsin.The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.comBlogger331100tag:blogger.com,1999:blog-430071598319708687.post-19630380572769357892009-02-09T14:20:00.002-06:002009-02-09T14:33:12.219-06:00

Recently the court of appeals basically attacked former Milwaukee County Circuit Judge Joseph Wall in opinion vacating the sentence of Landry Harris on drug charges because, they said, his comments at sentencing were capable of being interpreted as racist. http://www.jsonline.com/news/milwaukee/38004039.html. Aside from the very thin reasoning in the opinion, they really picked on the wrong

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.com0tag:blogger.com,1999:blog-430071598319708687.post-71029177706766106352009-01-26T12:21:00.002-06:002009-01-26T12:58:27.432-06:00

I have just finished a very complicated (on one level) and simple (on another level) case involving kiddie porn that was found on a computer. The complicated part was challenging the fact that digital imaging technology is of such a sophisticated nature that even experts can't tell the difference between morphed images and real ones. In other words, the images that are discovered on a computer

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.com0tag:blogger.com,1999:blog-430071598319708687.post-56638439809612086042008-11-03T09:55:00.003-06:002008-11-03T10:44:20.949-06:00

Apparently the Milwaukee Journal-Sentinel has been purchased by the Mother's Against Drunk Drivers. For the last two weeks, the state's largest newspaper has run a series of very long articles detailing the tragedy of drunk driving - especially the loss of life. The articles reviewed Milwaukee County criminal convictions for 5th offense operating while intoxicated from 1999 through 2006,

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.com0tag:blogger.com,1999:blog-430071598319708687.post-91160433495515457432008-09-25T09:09:00.006-05:002008-10-24T16:21:39.509-05:00

One of the really frustrating things about Wisconsin's (and most other state's) sexual assault laws is that they are very often blind to reality. The reality I speak of is that kids - teenagers - are sexually curious and, increasingly, sexually active. In the past year, however, I have represented 5 individuals - 18 year olds - who either had sex with or were discovered in mid-grope with girls in

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.com0tag:blogger.com,1999:blog-430071598319708687.post-43476098206740429582008-09-22T12:42:00.005-05:002008-10-09T06:37:38.702-05:00

Well the feds are at it again: "State and federal authorities are investigating the possible sexual abuse of minors at a 15-acre evangelical compound run by a convicted tax evader whom critics describe as a cult leader." See the entire story here. "The Tony Alamo Christian Ministries complex in southwestern Arkansas was raided Saturday by more than 100 federal and state police, and six children

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.com0tag:blogger.com,1999:blog-430071598319708687.post-23530584736351604762008-09-18T15:08:00.007-05:002008-09-19T12:57:04.975-05:00

Two cases currently being given an inordinate amount of hysterical media attention demonstrate how the public can have a twisted view of justice in America. More importantly, they are left with the impression that the cops always get it right and ignore the vast number of wrongfully convicted people in this country.OJ is at it again! Or is he? Was he set up? Even some commentators think so as

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.com0tag:blogger.com,1999:blog-430071598319708687.post-870117382732958702008-09-12T06:54:00.002-05:002008-09-19T12:48:38.485-05:00

If you have recently been convicted of a crime and want to appeal your conviction, you must raise all significant legal issues in your first postconviction motion. If you do not, the chances are you will be procedurally barred from raising new issues in subsequent postconviction motions.Two very important legal principles work against you here – finality and waiver. Generally speaking, “finality”

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.com0tag:blogger.com,1999:blog-430071598319708687.post-80420844200814369562008-09-10T04:48:00.002-05:002008-09-10T04:51:25.081-05:00

In a 29 page handwritten letter, former Alderman Michael McGee begged federal judge Charles Clevert to allow him to be released pending sentencing. That letter was sent pro se, i.e., without his attorneys involvement alleging that counsel refused to use certain information that would put into “context” the allegation that he is dangerous. McGee asserts that he is not a drug dealer or gang

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.com0tag:blogger.com,1999:blog-430071598319708687.post-23297148367390284572008-06-25T12:35:00.021-05:002008-06-26T00:39:27.967-05:00

Yesterday, a federal jury took just 6 hours to deliver guilty verdicts on 9 felony counts of bribery, extortion, attempted extortion and failing to file a financial form on a wire transfer of $15,000 against former Milwaukee alderman Michael McGee, Jr. [See McGee Guilty - JS Online] The entire uproar consisted of complaints by local Arab businessmen that McGee was shaking them down for money and

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.com0tag:blogger.com,1999:blog-430071598319708687.post-50561114992342008222008-06-23T04:20:00.005-05:002008-06-25T19:17:22.647-05:00

Recently on this blog, my associate, TJ Perlick-Molinari, discussed a gang shooting case he won by talking about "The Tragedy of Gang Violence." It was, as he pointed out, a nasty and unnecessary shooting. What he failed to mention (or brag about!) is how important a vigorous defense attorney is in the process of criminal justice. Here, the state charged a shooting as a "party to a crime" which

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.com0tag:blogger.com,1999:blog-430071598319708687.post-7288922375763663262008-06-18T18:42:00.004-05:002008-06-26T00:43:45.903-05:00

Today, I was reminded once again that crime does not pay. A young Spanish Cobra was on trial for allegedly shooting a Latin Kings member. I represented the young Spanish Cobra. This case, like so many, revolved around the issue of whether or not the jury believed the testimony of the Latin King gangster. This victim of gang warfare and violence had in fact been shot. There was no doubt about that

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.com2tag:blogger.com,1999:blog-430071598319708687.post-83732801419995208862008-06-12T05:53:00.005-05:002008-06-26T00:42:06.797-05:00

While thinking about the recent case of the corrupt, and now exposed, Special Operations Section (SOS) of the Chicago Police Department, I mused about the nature of our police, prosecutors and far too many judges to never take the word of the accused against someone in law enforcement. That inherently suspicious nature is, perhaps, inevitable. It is also very unfortunate. It is what makes many

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.com0tag:blogger.com,1999:blog-430071598319708687.post-45092166546762398252008-06-05T11:23:00.007-05:002008-06-20T19:47:31.029-05:00

Here is yours truly appealing to the media and public to lay off my client who was the victim of false accusations and hysteria by both the media and witnesses. He was a youth coach of many sports and beloved by both his players and their parents. During football season, he was coaching a rec league team when his son (age 12) was hit by a larger, older (age 13) player from his own team during a

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.com0tag:blogger.com,1999:blog-430071598319708687.post-89808601630734474782008-06-03T08:34:00.010-05:002008-06-20T19:54:40.605-05:00

On 6/1/08, Chicago Police Officer Kieth Herrera went public for the first time about massive corruption within his "Special Operations Section" (dubbed SOS) in some of Chicago's toughest neighborhoods. Up until now, his ratting out was done strictly with the FBI. His appearance on 60 minutes detailed the rampant corruption within the SOS that, in summary, amount to uncontrolled police state

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.com0tag:blogger.com,1999:blog-430071598319708687.post-66888316311162542432008-05-12T01:36:00.008-05:002008-09-19T13:00:27.678-05:00

Well, it's official....blacks are incarcerated at a higher rate than whites throughout the United States with Wisconsin landing the, ahem, coveted #1 spot. Two recent studies (one by Human Rights Watch and the other by the Washington based Sentencing Project) conclude:Blacks in Wisconsin are 42 times more likely than whites to receive prison terms for drug convictions. Wisconsin has the highest

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.com0tag:blogger.com,1999:blog-430071598319708687.post-14458660447072761162008-04-04T06:27:00.000-05:002008-04-18T04:35:13.046-05:00

Melanie is a young woman from Kenosha, WI who was hanging around with bad friends for years. One night in 2006 she was at her apartment when the cops showed up and searched the place after her roommate consented to the search. Cops found marijuana, cocaine, and drug paraphernalia. She was not charged at the time.She then moved to Arizona for personal reasons, mainly to get away from the

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.com0tag:blogger.com,1999:blog-430071598319708687.post-84540219903193533092008-03-31T11:23:00.005-05:002008-04-09T01:10:56.333-05:00

To readers of this blog who are not in "the system" I would like to emphasize the critical importance of tomorrows Supreme Court election (as an aside, we may soon need to have a serious discussion about campaign reform and/or the appointment of judges to eliminate the misleading, jaded, and money-influenced system that exists).This is for a 10 year term on a court that not only administers the

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.com0tag:blogger.com,1999:blog-430071598319708687.post-59444901318594165842008-03-26T07:23:00.007-05:002008-04-09T00:58:29.135-05:00

I had the painful experience of listening to the Supreme Court debate between Justice Louis Butler and Circuit Judge Michael Gableman last night at the State Bar Center in Madison. Virtually the entire debate centered around the negative ads that have defined this campaign and smeared both candidates.As an ardent Butler supporter, I was incredulous at Gableman's refusal to recant the obviously

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.com0tag:blogger.com,1999:blog-430071598319708687.post-24131806592802411472008-03-25T06:00:00.003-05:002008-04-09T00:48:04.516-05:00

Question: Is it ever appropriate to make statements to the police?The the short answer is no. Here's why.In our criminal justice system there are two parties: the state and the defendant. This is what is known as an adversarial system. What does this mean? The police are not your friends. The average officer starts building a case against you the second he sees you drive down the road, or look at

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.com0tag:blogger.com,1999:blog-430071598319708687.post-64460171117572107782008-03-24T22:45:00.003-05:002008-03-24T22:51:29.764-05:00

Today the Supreme Court heard oral arguments on whether the US Constitution’s 2nd Amendment contains a right to own a gun as a personal right or if that relates strictly to militias. I am personally indifferent as I do not own a gun, don’t hunt and am fortunate not to live in a dangerous area that would prompt me to have a gun at home or carry one for protection. The District of Columbia law

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.com0tag:blogger.com,1999:blog-430071598319708687.post-27145763796741279082008-03-19T07:57:00.000-05:002008-03-19T13:28:26.858-05:00

So Are Police Officers Just Better Drunk Drivers?When most of us get pulled over by a police officer we get nervous. Apparently, when an off duty officer gets pulled over, he has nothing to worry about. Just this week in Milwaukee County on St. Patrick’s Day, an on duty officer pulled over an off duty officer on suspicion of drunk driving. http://www.jsonline.com/story/index.aspx?id=729881

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.com0tag:blogger.com,1999:blog-430071598319708687.post-1593854410091632522008-03-18T11:13:00.002-05:002008-03-18T12:22:27.908-05:00

I have listened with great interest at the “outrage” over New York Governor Eliot Spitzer’s recent admission of “wrongdoing” (which was well crafted to not directly admit any criminal liability). Mostly, the talking heads have decried his hypocrisy at being an unforgiving, zero tolerance, prosecutor in the past and then doing exactly the things that he eschewed. With that I agree completely. I

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.comtag:blogger.com,1999:blog-430071598319708687.post-7222124304738145782008-03-17T13:05:00.001-05:002008-03-17T17:31:39.185-05:00

Every day I encounter people who believe that they were bullied into pleading guilty to some plea “bargain” that, upon brief reflection, they realized that it wasn’t that great of a deal. Or, more often, they just felt that they were truly innocent and should have gone to trial. In any event, they routinely blame their attorney for just being in bed with the DA and not really fighting for them

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.comtag:blogger.com,1999:blog-430071598319708687.post-59738641251279616142008-03-10T05:26:00.001-05:002008-03-12T05:31:32.998-05:00

Ta-da!! Introducing our new website, Birdsall-Law.com, that went live today. www.Birdsall-Law.com features information about many of the criminal law areas in which we practice, and there is plenty more information to come. We've also provided information about a few of our past cases. John A. Birdsall, Birdsall Law Offices, S.C.135 W. Wells St., Ste 214, Milwaukee, WI 53203414.831.5465 -

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.comtag:blogger.com,1999:blog-430071598319708687.post-55509511185637859872008-02-08T13:07:00.000-06:002008-02-08T13:08:28.588-06:00

Yet another report was released that confirmed what we already knew - blacks are incarcerated at a dizzying rate compared with their proportion of the population in Wisconsin. http://www.jsonline.com/story/index.aspx?id=715572 The governor appointed yet another commission to study this well documented problem - you may remember that Gov. Thompson did this in 2000 (investigating racial profiling

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.comtag:blogger.com,1999:blog-430071598319708687.post-49364530041343976192007-11-21T18:26:00.000-06:002007-11-21T22:06:16.204-06:00

Eau Claire Man Convicted Of Second Degree Sexual Assault & Child Enticement, Then Un-convicted, The AcquittedWe've all heard it can't be done - convictions cannot be reversed... 'les there is a prior conviction. But that is precisely what happened several months ago when our client, Aaron B. J. Frey was wrongfully convicted of second degree sexual assault of a child and child enticement. And then

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.comtag:blogger.com,1999:blog-430071598319708687.post-55901212408944775072007-11-13T05:36:00.000-06:002007-11-13T05:41:56.817-06:00

Poor Pakistani President Perez Musharaff....that bothersome constitution of his, it seems, is so severely hampering his ability to stem Islamist violence in his country that the only way to deal with it is to “suspend” it. That is code for “do away with” and/or “abolish” so that he can grab near absolute power. That level of control will certainly allow him (or anyone) to more efficiently

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.comtag:blogger.com,1999:blog-430071598319708687.post-52989008225609661362007-11-01T18:42:00.000-05:002007-11-02T10:42:26.396-05:00

On Friday, November 2, 2007, Coach Crawley will appear in Milwaukee Court for an intake hearing on two misdemeanor charges alleging he abused a child and acted disorderly. However, Coach Crawley and several other witnesses say that never happened. This is just another case of the media sensationalizing a story for the ratings.Reporters have been contacting Attorney John Birdsall, Crawley's

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.comtag:blogger.com,1999:blog-430071598319708687.post-64777296567030793002007-10-31T11:30:00.000-05:002007-11-02T10:47:03.801-05:00

Sometimes there is much more to a story than meets the eye, or that is first reported by the news media in a slanted viewpoint that begins trying a case in the public eye, even before charges are officially filed. On October 24, 2007, the media began a rapid dissemination of unfounded facts about the incident involving Coach Mike Crawley (coach) and a player who alleged that coach assaulted the

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.comtag:blogger.com,1999:blog-430071598319708687.post-6329790513039617362007-09-19T06:02:00.000-05:002007-10-31T13:09:21.235-05:00

Battery to a Law Enforcement Officer is a crime that defense attorneys dread to defend. The case boils down to this. A police officer, usually in uniform, with gun and badge, will come in and tell the jury how much of a bad guy the defendant is, show his bruise, and then leave the stand. If anyone else testifies, it is usually his partner who witnessed the whole thing unfold. Slam dunk for the

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.comtag:blogger.com,1999:blog-430071598319708687.post-36832984097547704582007-09-14T04:53:00.000-05:002007-09-14T05:31:37.603-05:00

Justice SchmusticeJustice is priceless, but it's not freeMilwaukee Journal Sentinel By TOM BASTINGPosted: Sept. 9, 2007In an op-ed piece in the Milwaukee Journal Sentinel, the president of the State Bar, Thomas Bastings, complained - appropriately and accurately - that the entire justice system in Wisconsin is underfunded. I couldn’t agree more. After years of lobbying on behalf of the state Bar

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.comtag:blogger.com,1999:blog-430071598319708687.post-90086715896662803582007-09-11T06:06:00.000-05:002007-09-11T06:18:38.943-05:00

Welcome to my blog!! As we begin, the reader should be aware of the "narrow scope" of this blog - we will be strictly limiting to anything that has to do with the law since the beginning of the universe. It may also occasionally delve into the morass that is politics and/or history from the time of the Big Bang to the present.Now that we have established our boundaries, I would issue the

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.comtag:blogger.com,1999:blog-430071598319708687.post-24342425438351186762007-09-07T15:46:00.001-05:002008-03-19T10:57:19.558-05:00

All posts to this BLOG are moderated, so they will appear when approved by a blogster.

The Defendershttp://www.blogger.com/profile/03904398524800121160noreply@blogger.com