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Kirk Obear
About | Practice Areas
Birdsall Obear & Associates LLC
603 South 8th Street Sheboygan, WI 53081» view map
Criminal Defense
We Demand Justice.

We bring that passion and our expertise to every case and pledge to ensure that both our clients and the rule of law are shielded from these forces.

800-970-9551
1. Kirk Obear Sheboygan, WI
  Attorney at Law - WI, 1994
  Buffalo School of Law J.D. 1994
2. AboutBirdsall Obear & Associates
  Our motto “We demand justice.” is not a trite slogan but rather a way of life for us.
3. Practice AreasExpertise
  Criminal Defense
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Kirk Bowden Obear

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Criminal, Felony, Traffic, White Collar Crime, DUI-DWI

Wisconsin Statewide Criminal Defense in all State and Federal Courts

Attorney Kirk Obear came to Wisconsin in 1999 after serving in the U.S. Air Force for more than ten years. He graduated summa cum laude from Mount Oli... (more)

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CONTACT

800-970-9551

603 South 8th Street, Sheboygan, WI 53081

Robert Olmr

Employment, Criminal, Credit & Debt, Accident & Injury

Status: In Good Standing

FREE CONSULTATION

CONTACT

222 E Main St, Port Washington, WI 53074

Charles D. Wingrove

Juvenile Law, Other, Criminal

Status: In Good Standing Licensed: 24 Years

CONTACT

719 N. 5th St., Sheboygan, WI 53081

Attorney Timothy Alan Provis

State Appellate Practice, Federal Appellate Practice, Criminal, Civil Rights

Status: In Good Standing

CONTACT

123 E Beutel Rd, Port Washington, WI 53074

George A. Limbeck

Criminal

Status: In Good Standing

CONTACT

608 North Sixth Street, Sheboygan, WI 53081

Michael Girard Penkwitz

Business & Trade, Commercial Real Estate, Criminal, Wills

Status: In Good Standing Licensed: 36 Years

CONTACT

440 W Grand Ave, Port Washington, WI 53074

Rik Kluessendorf

Personal Injury, Criminal

Status: In Good Standing

CONTACT

Port Washington, WI 53074

Barbara J. Kirchner

Criminal, Traffic

Status: In Good Standing Licensed: 31 Years

CONTACT

614 N 6Th St, Sheboygan, WI 53081

Stephen M. Seymour

Criminal, Personal Injury, Civil Rights, Family Law

Status: In Good Standing Licensed: 34 Years

CONTACT

802 Michigan Ave, Sheboygan, WI 53081

Anna Kees

DUI-DWI, Traffic, Criminal

Status: In Good Standing

CONTACT

530 Walnut Street, West Bend, WI 53095

800-923-0641

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LEGAL TERMS

MENS REA

The mental component of criminal liability. To be guilty of most crimes, a defendant must have committed the criminal act (the actus reus) in a certain mental s... (more...)

The mental component of criminal liability. To be guilty of most crimes, a defendant must have committed the criminal act (the actus reus) in a certain mental state (the mens rea). The mens rea of robbery, for example, is the intent to permanently deprive the owner of his property.

IMPEACH

(1) To discredit. To impeach a witness' credibility, for example, is to show that the witness is not believable. A witness may be impeached by showing that he h... (more...)

(1) To discredit. To impeach a witness' credibility, for example, is to show that the witness is not believable. A witness may be impeached by showing that he has made statements that are inconsistent with his present testimony, or that he has a reputation for not being a truthful person. (2) The process of charging a public official, such as the President or a federal judge, with a crime or misconduct and removing the official from office.

JURY NULLIFICATION

A decision by the jury to acquit a defendant who has violated a law that the jury believes is unjust or wrong. Jury nullification has always been an option for ... (more...)

A decision by the jury to acquit a defendant who has violated a law that the jury believes is unjust or wrong. Jury nullification has always been an option for juries in England and the United States, although judges will prevent a defense lawyer from urging the jury to acquit on this basis. Nullification was evident during the Vietnam war (when selective service protesters were acquitted by juries opposed to the war) and currently appears in criminal cases when the jury disagrees with the punishment--for example, in 'three strikes' cases when the jury realizes that conviction of a relatively minor offense will result in lifetime imprisonment.

VENIREMEN

People who are summoned to the courthouse so that they may be questioned and perhaps chosen as jurors in trials of civil or criminal cases.

INTENTIONAL TORT

A deliberate act that causes harm to another, for which the victim may sue the wrongdoer for damages. Acts of domestic violence, such as assault and battery, ar... (more...)

A deliberate act that causes harm to another, for which the victim may sue the wrongdoer for damages. Acts of domestic violence, such as assault and battery, are intentional torts (as well as crimes).

SELF-DEFENSE

An affirmative defense to a crime. Self-defense is the use of reasonable force to protect oneself from an aggressor. Self-defense shields a person from criminal... (more...)

An affirmative defense to a crime. Self-defense is the use of reasonable force to protect oneself from an aggressor. Self-defense shields a person from criminal liability for the harm inflicted on the aggressor. For example, a robbery victim who takes the robber's weapon and uses it against the robber during a struggle won't be liable for assault and battery since he can show that his action was reasonably necessary to protect himself from imminent harm.

GRAND JURY

In criminal cases, a group that decides whether there is enough evidence to justify an indictment (formal charges) and a trial. A grand jury indictment is the f... (more...)

In criminal cases, a group that decides whether there is enough evidence to justify an indictment (formal charges) and a trial. A grand jury indictment is the first step, after arrest, in any formal prosecution of a felony.

LEGISLATIVE IMMUNITY

A legal doctrine that prevents legislators from being sued for actions performed and decisions made in the course of serving in government. This doctrine does n... (more...)

A legal doctrine that prevents legislators from being sued for actions performed and decisions made in the course of serving in government. This doctrine does not protect legislators from criminal prosecution, nor does it relieve them from responsibility for actions outside the scope of their office, such as the nefarious activities of former Senator Bob Packwood.

MCNAGHTEN RULE

The earliest and most common test for criminal insanity, in which a criminal defendant is judged legally insane only if he could not distinguish right from wron... (more...)

The earliest and most common test for criminal insanity, in which a criminal defendant is judged legally insane only if he could not distinguish right from wrong at the time he committed the crime. For example, a delusional psychotic who believed that his assaultive acts were in response to the will of God would not be criminally responsible for his acts.

SAMPLE LEGAL CASES

State v. Kramer

... Id. Â¶ 11 A primary question the court of appeals addressed was whether evidence of Wagner's subjective belief that criminal activity might be taking place operated to preclude his conduct from coming within the scope of his community caretaker function. Id., Â¶ 13. ...

State v. Harris

... I. Did the State violate Wis. Stat. Â§ 971.23(1) (the criminal discovery statute) or the ... Stat. Â§ 971.23(1) (the criminal discovery statute) by failing to disclose timely the defendant's request to put on a particular pair of pants? If so, was the defendant prejudiced by the violation? III. ...

State v. Schaefer

... 2 After permitting Schaefer's interlocutory appeal, the court of appeals certified the following question to this court: "Does a criminal defendant have a subpoena right to obtain and copy police investigation reports and nonprivileged materials prior to the preliminary hearing ...

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Cedar Grove Criminal Lawyer, Wisconsin

Sponsored Law Firm

Birdsall Obear & Associates LLC

SPONSORED LAWYERS

Kirk Bowden Obear

Robert Olmr

Charles D. Wingrove

Attorney Timothy Alan Provis

George A. Limbeck

Michael Girard Penkwitz

Rik Kluessendorf

Barbara J. Kirchner

Stephen M. Seymour

Anna Kees

TIPS

LEGAL TERMS

MENS REA

IMPEACH

JURY NULLIFICATION

VENIREMEN

INTENTIONAL TORT

SELF-DEFENSE

GRAND JURY

LEGISLATIVE IMMUNITY

MCNAGHTEN RULE

SAMPLE LEGAL CASES

State v. Kramer

State v. Harris

State v. Schaefer

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