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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

John V. Burns

Estate Planning, Family Law, Criminal, Bankruptcy

Status: In Good Standing

CONTACT

1111 East Sumner Street, Hartford, WI 53027

Christopher M. Miller

Criminal, Estate Planning, Family Law, Insurance

Status: In Good Standing

CONTACT

1111 East Sumner Street, Hartford, WI 53027

Anna Kees

DUI-DWI, Traffic, Criminal

Status: In Good Standing

CONTACT

530 Walnut Street, West Bend, WI 53095

Robert Olmr

Employment, Criminal, Credit & Debt, Accident & Injury

Status: In Good Standing

FREE CONSULTATION

CONTACT

222 E Main St, Port Washington, WI 53074

Sara Kneevers

Immigration, Criminal

Status: In Good Standing

CONTACT

1511 Barton Ave., West Bend, WI 53090

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

Charles D. Wingrove

Juvenile Law, Other, Criminal

Status: In Good Standing Licensed: 24 Years

CONTACT

719 N. 5th St., 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

800-923-0641

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LEGAL TERMS

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.

EXCLUSIONARY RULE

A rule of evidence that disallows the use of illegally obtained evidence in criminal trials. For example, the exclusionary rule would prevent a prosecutor from ... (more...)

A rule of evidence that disallows the use of illegally obtained evidence in criminal trials. For example, the exclusionary rule would prevent a prosecutor from introducing at trial evidence seized during an illegal search.

ARREST

A situation in which the police detain a person in a manner that, to any reasonable person, makes it clear she is not free to leave. A person can be 'under arre... (more...)

A situation in which the police detain a person in a manner that, to any reasonable person, makes it clear she is not free to leave. A person can be 'under arrest' even though the police have not announced it; nor are handcuffs or physical restraint necessary. Questioning an arrested person about her involvement in or knowledge of a crime must be preceded by the Miranda warnings if the police intend to use the answers against the person in a criminal case. If the arrested person chooses to remain silent, the questioning must stop.

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.

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.

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.

FELONY

A serious crime (contrasted with misdemeanors and infractions, less serious crimes), usually punishable by a prison term of more than one year or, in some cases... (more...)

A serious crime (contrasted with misdemeanors and infractions, less serious crimes), usually punishable by a prison term of more than one year or, in some cases, by death. For example, murder, extortion and kidnapping are felonies; a minor fist fight is usually charged as a misdemeanor, and a speeding ticket is generally an infraction.

BAILIFF

A court official usually classified as a peace officer (sometimes as a deputy sheriff, or marshal) and usually wearing a uniform. A bailiff's main job is to mai... (more...)

A court official usually classified as a peace officer (sometimes as a deputy sheriff, or marshal) and usually wearing a uniform. A bailiff's main job is to maintain order in the courtroom. In addition, bailiffs often help court proceedings go smoothly by shepherding witnesses in and out of the courtroom and handing evidence to witnesses as they testify. In criminal cases, the bailiff may have temporary charge of any defendant who is in custody during court proceedings.

ACTUS REUS

Latin for a 'guilty act.' The actus reus is the act which, in combination with a certain mental state, such as intent or recklessness, constitutes a crime. For ... (more...)

Latin for a 'guilty act.' The actus reus is the act which, in combination with a certain mental state, such as intent or recklessness, constitutes a crime. For example, the crime of theft requires physically taking something (the actus reus) coupled with the intent to permanently deprive the owner of the object (the mental state, or mens rea).

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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Adell Criminal Lawyer, Wisconsin

Sponsored Law Firm

Birdsall Obear & Associates LLC

SPONSORED LAWYERS

Kirk Bowden Obear

John V. Burns

Christopher M. Miller

Anna Kees

Robert Olmr

Sara Kneevers

Attorney Timothy Alan Provis

Charles D. Wingrove

Michael Girard Penkwitz

Rik Kluessendorf

TIPS

LEGAL TERMS

BATTERY

EXCLUSIONARY RULE

ARREST

MENS REA

CRIME

PROBABLE CAUSE

FELONY

BAILIFF

ACTUS REUS

SAMPLE LEGAL CASES

State v. Kramer

State v. Harris

State v. Schaefer

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