Oostburg Criminal Lawyer, Wisconsin

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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)

FREE CONSULTATION

CONTACT

800-970-9551

603 South 8th Street, Sheboygan, WI 53081

Charles D. Wingrove

Juvenile Law, Other, Criminal

Status: In Good Standing Licensed: 24 Years

CONTACT

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

George A. Limbeck

Criminal

Status: In Good Standing

CONTACT

608 North Sixth Street, Sheboygan, WI 53081

Barbara J. Kirchner

Criminal, Traffic

Status: In Good Standing Licensed: 31 Years

CONTACT

614 N 6Th St, Sheboygan, WI 53081

800-923-0641

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LEGAL TERMS

SENTENCE

Punishment in a criminal case. A sentence can range from a fine and community service to life imprisonment or death. For most crimes, the sentence is chosen by ... (more...)

Punishment in a criminal case. A sentence can range from a fine and community service to life imprisonment or death. For most crimes, the sentence is chosen by the trial judge; the jury chooses the sentence only in a capital case, when it must choose between life in prison without parole and death.

DRIVING UNDER THE INFLUENCE (DUI)

The crime of operating a motor vehicle while under the influence of alcohol or drugs, including prescription drugs. Complete intoxication is not required; the l... (more...)

The crime of operating a motor vehicle while under the influence of alcohol or drugs, including prescription drugs. Complete intoxication is not required; the level of alcohol or drugs in the driver's body must simply be enough to prevent him from thinking clearly or driving safely. State laws specify the levels of blood alcohol content at which a person is presumed to be under the influence. Also called driving while intoxicated (DWI and drunk driving).

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.

PROBABLE CAUSE

The amount and quality of information police must have before they can arrest or search without a warrant or that a judge must have before she will sign a searc... (more...)

The amount and quality of information police must have before they can arrest or search without a warrant or that a judge must have before she will sign a search warrant allowing the police to conduct a search or arrest a suspect. Reliable information must show that it's more likely than not that a crime has occurred and the suspect is involved.

CRIME

A type of behavior that is has been defined by the state, as deserving of punishment which usually includes imprisonment. Crimes and their punishments are defin... (more...)

A type of behavior that is has been defined by the state, as deserving of punishment which usually includes imprisonment. Crimes and their punishments are defined by Congress and state legislatures.

MISTRIAL

A trial that ends prematurely and without a judgment, due either to a mistake that jeopardizes a party's right to a fair trial or to a jury that can't agree on ... (more...)

A trial that ends prematurely and without a judgment, due either to a mistake that jeopardizes a party's right to a fair trial or to a jury that can't agree on a verdict (a hung jury) If a judge declares a mistrial in a civil case, he or she will direct that the case be set for a new trial at a future date. Mistrials in criminal cases can result in a retrial, a plea bargain or a dismissal of the charges.

FALSE IMPRISONMENT

Intentionally restraining another person without having the legal right to do so. It's not necessary that physical force be used; threats or a show of apparent ... (more...)

Intentionally restraining another person without having the legal right to do so. It's not necessary that physical force be used; threats or a show of apparent authority are sufficient. False imprisonment is a misdemeanor and a tort (a civil wrong). If the perpetrator confines the victim for a substantial period of time (or moves him a significant distance) in order to commit a felony, the false imprisonment may become a kidnapping. People who are arrested and get the charges dropped, or are later acquitted, often think that they can sue the arresting officer for false imprisonment (also known as false arrest). These lawsuits rarely succeed: As long as the officer had probable cause to arrest the person, the officer will not be liable for a false arrest, even if it turns out later that the information the officer relied upon was incorrect.

CRIMINAL CASE

A lawsuit brought by a prosecutor employed by the federal, state or local government that charges a person with the commission of a crime.

MISDEMEANOR

A crime, less serious than a felony, punishable by no more than one year in jail. Petty theft (of articles worth less than a certain amount), first-time drunk d... (more...)

A crime, less serious than a felony, punishable by no more than one year in jail. Petty theft (of articles worth less than a certain amount), first-time drunk driving and leaving the scene of an accident are all common misdemeanors.

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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Oostburg Criminal Lawyer, Wisconsin

Sponsored Law Firm

Birdsall Obear & Associates LLC

SPONSORED LAWYERS

Kirk Bowden Obear

Charles D. Wingrove

George A. Limbeck

Barbara J. Kirchner

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LEGAL TERMS

SENTENCE

DRIVING UNDER THE INFLUENCE (DUI)

MCNAGHTEN RULE

PROBABLE CAUSE

CRIME

MISTRIAL

FALSE IMPRISONMENT

CRIMINAL CASE

MISDEMEANOR

SAMPLE LEGAL CASES

State v. Kramer

State v. Harris

State v. Schaefer

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