Attorney John A. Birdsall's Legal Cases

Criminal defense

State vs. Defendant (Cold Case Homicide)

May 20, 2011

OUTCOME: Not Guilty

Defendant was charged with one count of 1st Degree Reckless Homicide. The charge was brought against the client as a result of a â€œCold Caseâ€ from an unsolved homicide investigation from 1990. The ... state attempted to introduce numerous â€œother actsâ€ as well as DNA evidence against Johnâ€™s client. However, John showed reasonable doubt that his client had committed the crime and exposed the questionable credibility of the states witnesses. Further, Johnâ€™s DNA expert showed clearly that the DNA evidence being introduced by the state was not sufficient for conviction.

Criminal defense

State vs. Defendant

N/A

OUTCOME: Case dismissed

Defendant was charged with one felony count of delivering cocaine as a party to a crime and one count of delivering Schedule I, II, and III non-narcotics as a party to a crime. The client went on to ma ... ke a statement disclosing his full involvement in the charges. Despite the documented hand-to-hand sale of narcotics to an undercover detective, the defendant was given differed prosecution. The case was subsequently dismissed following 12 months of drug treatment and community service.

Criminal defense

State vs. Defendant

N/A

OUTCOME: No charges filed

Following a fight with his wife, multiple charges of domestic abuse and domestic violence were alleged against the defendant. On top of that, the defendant was not a U.S. citizen and faced both prison ... and deportation. Following an extensive series of negotiations with the District Attorney, no charges were filed and there arose no immigration consequences.

Criminal defense

State vs. Defendant

N/A

OUTCOME: PAC counts dismissed, OWI reduced

Defendant was charged with one count of operating a motor vehicle while intoxicated (2nd offense). BAC was 0.11 and defendant faced up to one year in jail. The Prohibited Alcohol Content counts were di ... smissed and the defendants's driving privileges were revoked for 6 months. The OWI charge was reduced to "reckless" driving and the defendant was fined $300.00.

Criminal defense

State vs. Defendant

N/A

OUTCOME: PAC charge dismissed, driving privileges revoked

Defendant was charged with one count of operating a vehicle while intoxicated (2nd offense) with a refusal to cooperate. The defendant's BAC was .39, which is over four times the legal limit and his re ... fusal to submit to blood testing was considered very aggravated The charge of PAC was dismissed, the defendant's driving privileges were revoked for a period of 18 months on the OWI charge, and client was sentenced to four months in jail with Huber privileges.

Criminal defense

State vs. Defendant

N/A

OUTCOME: No charges were filed

Client was facing multiple counts of felony theft and bank fraud based on international funds transfer.

Criminal defense

State vs. Defendant

N/A

OUTCOME: Case settled during trial, probation and no jail

After being charged with one felony count of burglary (class F) and with the DA asking for extensive jail time, the defendant was facing up to 12.5 years in prison and a fine of $25,000. We were able t ... o show the court that the DA illegally withheld evidence and had acted in bad faith. The case was settled during trial, leading to probationary period and no jail time. The defendant paid a fine of $1,666.

Criminal defense

State vs. Defendant

N/A

OUTCOME: Defendant sentenced to 36 months probation

After being charged with four counts of issuing a worthless check, the defendant subsequently violated her probationary rules and fled jurisdiction. The defendant was arrested in 2003 (seven years afte ... r the fact) and faced five years of jail time. As a result of extensive negotiation with the DA, the defendant was able to avoid a felony, as well as jail time, and was sentenced to 36 months probation.

Criminal defense

State vs. Defendant

N/A

OUTCOME: All charges dismissed

Defendant was charged with one count of battery domestic violence, one count of disorderly conduct domestic violence, and once count of theft of movable property in the domestic violence context. All c ... harges were dismissed after the interview.

Criminal defense

State vs. Defendant

N/A

OUTCOME: Original charge was amended to county ordinance - disorderly conduct; defendant was ordered to pay $100.00 fine.

Defendant was charged with one count of disorderly conduct based on pointing a gun at another driver while on the freeway. The defendant thought he was pointing it at his friend, but it was actually an ... undercover officer.

John A. Birdsall's Legal Cases (41)

State vs. Defendant (Cold Case Homicide)

State vs. Defendant

State vs. Defendant

State vs. Defendant

State vs. Defendant

State vs. Defendant

State vs. Defendant

State vs. Defendant

State vs. Defendant

State vs. Defendant