Attorney John A. Birdsall's Legal Cases

Criminal defense

State vs. Defendant

N/A

OUTCOME: The motion was granted and all charges dismissed.

Defendant was facing first OWI charge, possession of marijuana, and possession of drug paraphernalia. If guilty, defendant faced 24 month license revocation, $1,900 in fines and one year in county jail ... on drug charges. On the defense motion to suppress and dismiss all evidence and results collected due to improper and unlawful stop, we argued the stopping at flashing yellow lights did not constitute probable cause to stop.

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: Client was sentenced on OWI - 3rd charge to 4 month in the House of Corrections with Huber privileges, revocation of his driving privileges for the period of 24 months, and a fine of $600.00.

Defendant faced one count of Operating a Vehicle While Intoxicated - 3rd offense, one Count Operating while Intoxicated.-BAC .1%+ - 3rd offense. If found guilty and convicted of these charges, the c ... lient would have been facing one year in jail sentence, 36 months suspension of driving privileges, and a fine of $2,500.00. The charge of Operating a Vehicle with a Prohibited Alcohol Content - 3rd offense was dismissed.

Criminal defense

State vs. Defendant

N/A

OUTCOME: Amended to a county charge of Disorderly Conduct with a small fine after 10 months of defense challenges to evidence.

1 felony count of Arson of a Building. Charge was based on statements by bartender that client was smoking and went into the bathroom where he subsequently started fire with a roll of toilet paper. D ... efendant was stopped short time later by police, facing 40 years prison and a $100,000.00 fine. Defense arson expert was able to prove that fire had different cause and investigation showed heavy bias by witnesses including owner who had debt and liquor license problems.

Criminal defense

State vs. Defendant

N/A

OUTCOME: 1 Count of Possession of THC was dismissed entirely. 12 months probation concurrent on other 2 counts. Upon successful completion of probation all convictions were expunged and client has no criminal record.

Withing a period of 5 months, client was charged with three separate cases of Possession of THC and Possession of Drug Paraphernalia - all based on traffic stops. Client faced 18 months jail.

Criminal defense

State vs. Defendant

N/A

OUTCOME: Client ultimately plead guilty to a county ordinance - Disorderly Conduct by Use of a Motor Vehicle, and Failure to Stop at a Sign. Fines and court costs totaled $587.20.

Client was drinking heavily before and during driving in rural area. Client ran stop sign and crashed into garage. Owner chased and stopped client. When owner approached, client drove straight at him ... barely missing him. Client faced potential charges of Attempted Homicide, Felony Endangering Safety by Use of a Motor Vehicle, Criminal Damage to Property, Excessive Speeding, and Operating a Motor Vehicle While Intoxicated.

Criminal defense

State vs. Defendant

N/A

OUTCOME: All charges dismissed before trial. Investigation produced witness who supported self-defense.

1 count disorderly conduct - domestic violence. Self-defense: client accused of pushing and punching sister with estranged mother as state's witness. Investigation showed inconsistencies in witness' ... statements critically weakening the state's case.

Criminal defense

State vs. Defendant

N/A

OUTCOME: 2 felony Counts of delivering cocaine were dismissed. Client was sentenced to probation and 12 months work release on the 3rd count.

3 felony counts of delivering cocaine within 1000 feet of a school. Client was facing up to 50 years in prison on the felony counts alone, and a fine of $500,000.00. These were separate dates and all ... hand-to-hand buys with the same undercover Hispanic officer. The DA waited 18 months to charge client and 40 other Hispanics. Defense argued (along with other defendants) this was selective prosecution as charges against Hispanics increased 2000% when this particular officer joined the drug unit. We also found multiple witnesses who would have testified that the officer routinely took drugs with them and committed other crimes, such as sexual assault, drunk driving and hit-and-run. The DA's first offer was 20 years prison. Later this was reduced to 12 years, after defense filed its motions. Finally, after we initiated a formal complaint with the Department of Justice and filed private criminal complaint against the officer, the case was settled with probation and 12 months work release.

Criminal defense

State vs. Defendant

N/A

OUTCOME: Client was sentenced to a total of 10 months Huber and 3 years probation.

1 Count of Manufacture/Deliver THC (> 200 -1000g), and two Counts of Possession of THC. If convicted on all three counts as charged, client was imprisonment of up to 6 years and 7 months, and a total ... fine of $11,500.00. Client sold 2 lbs. of marijuana to undercover officer with the entire transaction recorded. The state refused to reveal identity of its informant. After numerous demands, the DA finally reduced the plea offer from 3 years prison to an amended charge of possession.

Criminal defense

State vs. Defendant

N/A

OUTCOME: All charges were dismissed.

2 counts of Issuance of a Worthless Check As a Party to a Crime. If convicted client faced 18 months prison, and a fine of $20,000.00. Client cashed checks received from a person who owed him money an ... d then closed the accounts. Our investigation showed client did not intentionally defraud the bank, and that the person who issued the checks acted alone (though it was alleged they developed the scheme together).

John A. Birdsall's Legal Cases (41)

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

State vs. Defendant