This One Vote Counts......

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 entire court system in Wisconsin but also renders opinions on the most pressing issues of our day from corporate regulation to overreaching police searches and interrogations. Our present court is evenly split in the traditional conservative/liberal paradigm (to the extent that we can even apply that to a "detached" body of government) and, in my view, have been remarkably competent and thoughtful in recent years.

We have a court that is admired nationally and it is headed by a Chief Justice (Shirley Abrahamson) whose balanced view of the law and the administration of justice is something we should all be thankful for. Yes, I am an unabashed defense advocate so some may discount this appraisal of the court. However, I also run a small business and understand that tying the hands of business interests benefits no one - especially my clients who need jobs.

Louis Butler is the only serious candidate to consider here. Gableman is simply throwing his name out there and slinging mud as hard as he can hoping to pick off not just a great justice but one of the finest men I have ever had the pleasure to know. In fact, Butler was recently rated by two SE Wisconsin Bar associations as "qualified" by 90% of the membership while Gableman was found so by just 1/3. This speaks volumes about how the profession feels and they got it right.

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John A. Birdsall, Birdsall Law Offices, S.C.
135 W. Wells St., Ste 214, Milwaukee, WI 53203
414.831.5465 - www.birdsall-law.com

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Your Right to Remain Silent - Use It

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 him funny. Why help the man out? Giving a statement rarely accomplishes anything. More often than not, you are nervous, and not in any position to help yourself. Most people's hearts start beating when they realize that they were going over the speed limit when they passed a deputy on the freeway. So amplify that times 100 when an officer is staring you in the face alleging that you are drunk, or the main suspect in a burglary down the street.

The police will even try to be your friend and give you whatever you want to eat or drink in order for you to cooperate with them. It's because if you cooperate it makes their job 100% easier. They know that. You should know that too. Keep remembering this is State v. You and not State and You. They also know that if you ask for an attorney that they have to stop questioning you, so until you say the magic words, "I want to speak to an attorney" don't think they are done with you.

In the end, you may decide that you want to cooperate, but that decision should only be made after a consultation with an attorney. Don't let the officer convince you that he'll put a good word in for you with the district attorney or the judge. The only time I ever see a police officer in court saying something is when he is on the stand testifying against the defendant.

Read more about Police Interrogations, Police Can Lie, What To Do If You Are Accused Of A Crime, & Smart Ways To Handle A Police Stop

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TJ Perlick-Molinari, Birdsall Law Offices, S.C.
135 W. Wells St., Ste 214, Milwaukee, WI 53203
414.831.5465 - www.birdsall-law.com