Greenbush 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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Anthony O'Malley

Workers' Compensation, Criminal, Personal Injury, Traffic

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115 S. Main Street, Fond du Lac, WI 54935

Wayne R. Fulleylove-Krause

Criminal, Juvenile Law

Status: Licensed: 36 Years

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W2643 Saint Charles Rd, Chilton, WI 53014

Charles D. Wingrove

Juvenile Law, Other, Criminal

Status: Licensed: 25 Years

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

Kristi L. Fry

Criminal, Traffic

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428 N Main St, Fond Du Lac, WI 54935

Dawn M. Sabel

Bankruptcy, Family Law, Criminal, Traffic, Child Custody

Status: Licensed: 38 Years

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76 S Macy St, Fond Du Lac, WI 54935

800-814-6700

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LEGAL TERMS

DIRECTED VERDICT

A ruling by a judge, typically made after the plaintiff has presented all of her evidence but before the defendant puts on his case, that awards judgment to the... (more...)

A ruling by a judge, typically made after the plaintiff has presented all of her evidence but before the defendant puts on his case, that awards judgment to the defendant. A directed verdict is usually made because the judge concludes the plaintiff has failed to offer the minimum amount of evidence to prove her case even if there were no opposition. In other words, the judge is saying that, as a matter of law, no reasonable jury could decide in the plaintiff's favor. In a criminal case, a directed verdict is a judgement of acquittal for the defendant.

EXECUTIVE PRIVILEGE

The privilege that allows the president and other high officials of the executive branch to keep certain communications private if disclosing those communicatio... (more...)

The privilege that allows the president and other high officials of the executive branch to keep certain communications private if disclosing those communications would disrupt the functions or decisionmaking processes of the executive branch. As demonstrated by the Watergate hearings, this privilege does not extend to information germane to a criminal investigation.

PLEA BARGAIN

A negotiation between the defense and prosecution (and sometimes the judge) that settles a criminal case. The defendant typically pleads guilty to a lesser crim... (more...)

A negotiation between the defense and prosecution (and sometimes the judge) that settles a criminal case. The defendant typically pleads guilty to a lesser crime (or fewer charges) than originally charged, in exchange for a guaranteed sentence that is shorter than what the defendant could face if convicted at trial. The prosecution gets the certainty of a conviction and a known sentence; the defendant avoids the risk of a higher sentence; and the judge gets to move on to other cases.

ACCESSORY

Someone who intentionally helps another person commit a felony by giving advice before the crime or helping to conceal the evidence or the perpetrator. An acces... (more...)

Someone who intentionally helps another person commit a felony by giving advice before the crime or helping to conceal the evidence or the perpetrator. An accessory is usually not physically present during the crime. For example, hiding a robber who is being sought by the police might make you an 'accessory after the fact' to a robbery. Compare accomplice.

NOLO CONTENDERE

A plea entered by the defendant in response to being charged with a crime. If a defendant pleads nolo contendere, she neither admits nor denies that she committ... (more...)

A plea entered by the defendant in response to being charged with a crime. If a defendant pleads nolo contendere, she neither admits nor denies that she committed the crime, but agrees to a punishment (usually a fine or jail time) as if guilty. Usually, this type of plea is entered because it can't be used as an admission of guilt if a civil case is held after the criminal trial.

CRIMINAL LAW

Laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. By contrast, civil laws are not p... (more...)

Laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. By contrast, civil laws are not punishable by imprisonment. In order to be found guilty of a criminal law, the prosecution must show that the defendant intended to act as he did; in civil law, you may sometimes be responsible for your actions even though you did not intend the consequences. For example, civil law makes you financially responsible for a car accident you caused but didn't intend.

NOLLE PROSEQUI

Latin for 'we shall no longer prosecute.' At trial, this is an entry made on the record by a prosecutor in a criminal case stating that he will no longer pursue... (more...)

Latin for 'we shall no longer prosecute.' At trial, this is an entry made on the record by a prosecutor in a criminal case stating that he will no longer pursue the matter. An entry of nolle prosequi may be made at any time after charges are brought and before a verdict is returned or a plea entered. Essentially, it is an admission on the part of the prosecution that some aspect of its case against the defendant has fallen apart. Most of the time, prosecutors need a judge's A1:C576 to 'nol-pros' a case. (See Federal Rule of Criminal Procedure 48a.) Abbreviated 'nol. pros.' or 'nol-pros.'

BATTERY

A crime consisting of physical contact that is intended to harm someone. Unintentional harmful contact is not battery, no mater how careless the behavior or how... (more...)

A crime consisting of physical contact that is intended to harm someone. Unintentional harmful contact is not battery, no mater how careless the behavior or how severe the injury. A fist fight is a common battery; being hit by a wild pitch in a baseball game is not.

HABEAS CORPUS

Latin for 'You have the body.' A prisoner files a petition for writ of habeas corpus in order to challenge the authority of the prison or jail warden to continu... (more...)

Latin for 'You have the body.' A prisoner files a petition for writ of habeas corpus in order to challenge the authority of the prison or jail warden to continue to hold him. If the judge orders a hearing after reading the writ, the prisoner gets to argue that his confinement is illegal. These writs are frequently filed by convicted prisoners who challenge their conviction on the grounds that the trial attorney failed to prepare the defense and was incompetent. Prisoners sentenced to death also file habeas petitions challenging the constitutionality of the state death penalty law. Habeas writs are different from and do not replace appeals, which are arguments for reversal of a conviction based on claims that the judge conducted the trial improperly. Often, convicted prisoners file both.

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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Greenbush Criminal Lawyer, Wisconsin

Sponsored Law Firm

Birdsall Obear & Associates LLC

SPONSORED LAWYERS

Anthony O'Malley

Wayne R. Fulleylove-Krause

Charles D. Wingrove

Kristi L. Fry

Dawn M. Sabel

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LEGAL TERMS

DIRECTED VERDICT

EXECUTIVE PRIVILEGE

PLEA BARGAIN

ACCESSORY

NOLO CONTENDERE

CRIMINAL LAW

NOLLE PROSEQUI

BATTERY

HABEAS CORPUS

SAMPLE LEGAL CASES

State v. Kramer

State v. Harris

State v. Schaefer

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