Felony Sex Offense Charges Dismissed

An out-of-state college student met a girl on an on-line dating website. After several conversations via text as well as over the phone, the two decided to get together for a date. The date went well and the couple agreed to see each other a second time. Feeling that they had really hit it off, they kept corresponding and developed a strong interest in continuing what seemed like a wonderful relationship.

The young man made a second trip up to Wisconsin and met up with the girl. They went out to dinner, went for a walk by the lake, and then ended up getting a hotel room. The next day, he dropped her off at her house and went home feeling that this was the beginning of a long term relationship. Much to his surprise, a warrant was issued for his arrest.

Unbeknownst to the young college student, the girl of his dreams had lied about her age and it turned out that she was actually under the age of 16. He was heartbroken, and worse, his entire future that he worked hard for was now in jeopardy. Prosecutors didn't care that he had a straight A average in his classes, that he had prospects for significant internship opportunities, or that he had not even had a speeding ticket in his entire life. "The law is the law," and his belief about her age, even taking into account the lies she told, simply didn't matter to the prosecutors.

After a year and half of fighting for this client and steering the case toward the proper outcome, Attorney Obear was finally able to secure a complete dismissal of all of the charges against the college student. He is due to graduate soon, with his bright future secured.

Kirk Secure OWI Win - Not Guilty on 2nd Offense

Our client came to us knowing that there was a tough, uphill battle ahead. Not only did the police treat her poorly by failing to properly investigate the incident, but she also had to deal with a dishonest witness who was trying to throw her under the bus. As is often the case, the prosecutor was more interested in putting the question to the jury rather than trying to resolve matters. Kirk Obear tried the case in a one day trial. The case went to the jury and in a very quick decision (less than 15 minutes) they returned a verdict of Not Guilty.

OWI / PAC First Offense Not Guilty Verdict

Knowing that he was facing a huge challenge, Kirk took on a case with not just one, but two chemical test results far above the legal limit. A breath test showed an alcohol concentration of .27, and a blood test showed an alcohol concentration of .28. In spite of the two very high tests, Kirk successfully attacked the results and a jury found his client Not Guilty of both Operating a Motor Vehicle while Intoxicated, and Operating with a Prohibited Alcohol Concentration.

OWI Homicide Case Dismissed

In a Northern County in Wisconsin, our client was arrested after allegedly striking a pedestrian on the side of a rural road. Our forensic analysis of the evidence and months of investigation revealed that it was impossible that our client was the cause of the death. Our own accident reconstruction, along with blood evidence gathered at the scene and later tested, were used to convince the prosecutor that our client was innocent. Originally facing decades in prison, and initially with a public defender, the client almost entered a plea with an agreement for a long prison term before the Obear team got on the case. Nearly a year later, she was a free woman and had no criminal conviction. Another innocent person whose life was protected by Kirk Obear and the rest of the staff at our law firm.

OWI with Refusal Dismissed

On the last day possible to request a refusal hearing, a client called Kirk advising him that he didn't know what to do or how to respond to the notice. Kirk quickly sprang into action and made sure that the refusal hearing request was filed at the last minute. This was a Northern County in Wisconsin, unaccustomed to aggressive defense, and the judge thought he could throw Kirk for a loop by scheduling a refusal hearing three days from the filing date. Kirk immediately obtained critical evidence and proceeded with litigating the hearing. At the end of the day, the judge agreed with Kirk that the arresting officer did not have probable cause and dismissed the refusal allegation. Kirk then filed a motion requesting that all evidence in the OWI case be dismissed. That motion was also granted. Footnote: the prosecutor tried to offer a reckless driving during the middle of the hearing, and Kirk flatly rejected it. Client ended up with no revocation, no conviction, no fine, and no record.

Not Guilty Verdict in Aggravated Assault Trial

Our client was accused of a violent assault of a woman, which allegedly resulted in her arm and hand being broken in 13 different places. The Obear team went to work to investigate the background and history of the complaining witness, and also interviewed all of the tenants in the apartment building where the assault was said to have happened. Kirk uncovered evidence that the witness had not sought medical attention for several days after the incident and was arrested for public intoxication and possession of narcotics in between the time that she said the assault occurred and when she reported it. Numerous witnesses from the apartment building were called to the stand by the defense, all of whom indicated that they heard nothing unusual during the night in question. When it became apparent to the prosecutor that his case was going downhill, he offered to amend the felony down to several misdemeanors. Kirk rejected that offer. Later in the trial, the prosecutor even offered to amend the case down to an ordinance violation with only a fine. Kirk rejected that offer as well. The jury deliberated for 4 hours and came back with Not Guilty verdicts on all counts. Our client was originally facing over 80 years in prison if convicted. He walked out of the courtroom a free man with no conviction whatsoever.

Sexual Assault Charges Dismissed

When KQ's family came to our firm, they were devastated having just learned that their son had been accused of sexual assault of a minor. Kirk went quickly to work to investigate and develop evidence in KQ's favor. Dedicating many late nights and weekends to the case, Kirk put together a case file that put the prosecution in a position to be unwilling to proceed on the charges. Ultimately, the charges were dismissed without the client spending a single minute in jail. He is now back on course to advance his career and put the nightmare of the allegations behind him.

OWI 3rd Dismissed Before Initial Appearance - Obear Never Even Had to Put on the Gloves

A client who knew he was in for trouble came to the Obear firm seeking help. He was on his Third OWI, and his test result was way up there. Fortunately for RC, the team went into action and investigated the case from the get-go. Kirik and Charlie established conclusive evidence that the prosecutor would not be able to prove that RC was impaired at the time that he was driving and had an accident. A meeting with the prosecutor that occurred before the initial appearance resulted in the DA's office proclaiming that it was impossible for them to proceed. RC's drunk driving case was dismissed without the need for any court appearance. Some say that if you can win the battle without showing up to the arena, you can declare an absolute victory. We don't disagree.

Not Guilty OWI 2nd

Yet another successful jury verdict from Attorney Kirk Obear. Kirk secured Not Guilty verdicts on all counts in an OWI Second offense case in which the prosecution came in to the trial with guns ablazin'. Anticipating that Kirk knows his stuff, the prosecution brought in an "expert" witness to help bolster the case. However, after Kirk was done cross-examining the arresting officer in the case, there was little that could be done by the prosecutor to save the case. Their "expert" had no impact on the case after Kirk was finished with the cop. At the end of the trial, the jury went out to deliberate and came back 2 hours later. Not Guilty across the board. Another grateful client and another win for the Obear Defense team.

Obear gets Sex Assault Charges Dismissed

The client was charged with Repeated 1st Degree Sexual Assault of a child, an extremely serious felony. Over the course of 18 months, Kirk filed motions which developed the defense against the charges in a way that made it impossible for the prosecutor to proceed. S was facing 80 years in prison, but when Kirk convinced the prosecutor to drop the charges, S walked out of the courtroom without any conviction at all.

OWI Case Dismissed After Brutal Suppression Hearing

The arresting officer claimed that HW "failed" three field sobriety tests. An initial review of the police reports seemed to support this notion. However, Kirk filed a motion to suppress based upon the results of an administrative suspension hearing which was held prior to the case going to Circuit Court. Kirk knew from the testimony at the suspension hearing that the officer was not up to snuff. He subpoenaed the officer's training materials to a suppression hearing and used them to cross-examine the officer on his administration of the field sobriety tests. It turns out that the officer administered the tests in a way that could not be considered a "failure" by any means. After Kirk made the cop look like he didn't know which way was up, the prosecutor decided that enough was enough and ditched the case. Observers in the court room reported that they felt bad for the officer. HW walked away with a reckless driving citation and no drunk driving conviction.

CDL Driver Counts on Kirk for the Win

Sometimes clients are referred to our office because the stakes are high and the outcome of the trial could permanently effect a person's livelihood. That was the case when SA was referred to our office from a prominent Illinois attorney who knew that this case would require special attention for two reasons: SA had an Illinois license; and SA had a commercial driver's license. The combination of these two factors would have meant the end of SA's career if he was convicted. This was true even if the case would be amended to a lesser traffic citation. So the writing was on the wall - the case had to go to trial. Kirk worked diligently to prepare the defense. The strategy involved attacking the accuracy of the breath test result by revealing problems with the testing machine that was used. Several problems were identified with the particular way that the machine was being operated. When the officer had no real explanation for the problems, the jury found SA not guilty on all counts. He was able to keep his job and is now a successful commercial truck driver.

Major Embezzlement, Minor Sentence

When C was charged with 26 counts of Felony Embezzlement, she thought her life was over. Based on the allegations, the prosecutor believed that she stole over $22,000.00 from her employer. She faced over 150 years in prison if convicted. C had hired another attorney who had advised her to quickly take a deal with the hopes that they could convince the judge not to go along with the DA's prison sentence recommendation. She panicked and didn't know where to turn. Kirk agreed to take the case and launched an extensive investigation into the financial records and bank transactions, consisting of thousands of pages. Kirk also developed a strong defense which ultimately caused the prosecutor to concede the majority of the issues in the case. C was convicted of only misdemeanors and was sentenced to a mere 20 days in jail.

OWI Case Dismissed

Mr. P was driving home one night after enjoying dinner at a supper club. He had two glasses of wine and did not feel impaired. However, the police pulled him over for speeding and simple traffic violation turned into a life-changing nightmare for Mr. P. The officer placed him through a series of field sobriety tests, and then alleged that Mr.P was being uncooperative because he refused the officer's request for a blood test. TP was arrested for drunk driving and refusing the blood test, both of which would result in losing his driver's license and his job. His reputation would also be irreparably damaged. Wanting to fight the case with a vigorous defense, TP hired Kirk to represent him. After an extensive investigation, Kirk was able to establish that the arresting officer failed to follow protocol in several aspects of the case. The prosecutor was convinced that he could not prove the case. Both the drunk driving and refusal charges were dropped.