Real Results from Real Cases
The Obear Defense Results Blog 

October 20, 2014

State v. MK 

MK was charged with Maintaining a Drug Trafficking Place, facing the potential of 3 1/2 years in prison. After MK was arrested for a probation violation, an officer asked another party to go back inside the client's residence to "get rid of any paraphernalia." At the suppression hearing, Attorney Kaehne was able to get the officer to admit that what he asked the person to do was in direct violation of their bail bond, and illegal. The Judge granted Attorney Kaehne's motion asserting the other party was searching my client's apartment at the expressed prompting of the officer, thereby making the search an unlawful government intrusion. After two motion hearings, and briefing, the case was dismissed entirely. 

July 2, 2014

 

A local businessman was arrested and charged with Felony Stalking after a breakup with his long-time girlfriend resulted in wild accusations, which law enforcement readily believed. A Defense subpoena uncovered the alleged victim sent 968 text messages to Attorney Kaehne's client during the one month period she alleged he was "stalking and harassing" her. Through the use of social media, subpoenas, motions, and Defense investigation, Attorney Kaehne was able to establish the alleged victim not only initiated many of the contacts after the breakup, but also was attempting reconciliation on many occasions. The case was successfully dismissed yesterday, and the Judge agreed with Attorney Kaehne's argument to remove the case from the internet database to ensure no further damage to the client's business and professional reputation.

January 15, 2014:

United States v. WJ

WJ was charged with stealing military equipment from a National Guard unit in Western Wisconsin.  WJ had two previous lawyers, both of whom told him to plead guilty because there was nothing that could be done.  Kirk took on the case and immediately set to work with a detailed investigation into the Army's accountability process and flaws in the supply documentation system.  The US Attorney's Office for the Western District of Wisconsin led the prosecution, with two of their most seasoned trial lawyers.  Kirk went up against them in a week long trial, where over 30 witnesses were called, and achieved a Not Guilty verdict from the jury on all counts.  WJ said "Thank God I found Kirk and his team.  No one else could have defended me like they did."    

October 16, 2013

State v KL 

19 year old KL was facing a potential 3 1/2 years in prison on a charge alleging assistance in the theft of a diamond ring. A motion to dismiss the complaint was filed and the case was dismissed prior to the Preliminary Hearing. KL walked out of court proudly with no criminal record, and it was another successful day at work for Attorney Kaehne. 

September 19, 2013

State v. BF

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.   

May 7, 2013

City v. AS

When AS was arrested for OWI in a city in Northeastern Wisconsin, she was worried about the impact of the case on her college plans, her future job prospects, and the humiliation that would follow from a conviction.  She started calling around seeking the best attorney she could find and every time she expressed her absolute desire to take the case to trial and not settle for anything, the name Kirk Obear kept coming up.  After AS had heard the fourth attorney she spoke to recommend that she give Kirk a call, she met with him at the office in Sheboygan.  At first she thought "why would Kirk travel all the way to where I live to take a case to trial?"  At the end of their first meeting, AS knew that she had found the right lawyer.  She has already had a previous attorney try to negotiate the case, but that went nowhere.  The prosecutor was playing hardball and AS realized that this was going to be a battle.  Kirk took the case over from the other lawyer and immediately set about laying the groundwork for a successful trial.  By the time the case went to jury, AS was so confident that Kirk would win the trial that she and Kirk rejected a last minute offer for a favorable outcome. At the end of the trial, the jury deliberated for only 12 minutes before returning unanimous Not Guilty verdicts on all counts. 

March 11, 2013:

City v. SA

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. 

November 17, 2011 

State of Wisconsin v. CJR

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.

November 1, 2011 

County of S v. TP

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.

September 15, 2011 

State of Wisconsin v. SJ

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.

July 10, 2011 

State of Wisconsin v. RD

R was driving home one night when he didn’t see the stop sign at an intersection and ran into another vehicle, injuring six people. To make matters worse, this was R’s 3rd time being arrested for drunk driving. Kirk dug through the old records from the prior convictions and found an argument that his constitutional rights had been violated. A motion that Kirk filed resulted in the case being dropped down to a first offense OWI, with no jail or criminal conviction. Originally facing over 6 years in prison, R ended up not having to serve a single day in jail.

July 13, 2011  

State of Wisconsin v. LB

Having lived her life as a peaceful, churchgoing member of the community, all who knew her were surprised when L suddenly had a mental breakdown and viciously attacked her husband. She was charged with a serious felony, facing many years in prison. Kirk worked closely with mental health professionals and advocated vigorously for L, arguing that she should not be held responsible for her actions because she suffered from a temporary mental defect. The judge agreed with Kirk and found L Not Guilty. She finally received the mental health treatment she needed, and was reunited with her husband. Thanks to Kirk, they were able to go on with their lives with this episode put behind them.

November 15, 2010

State of Wisconsin v AJT

A was accused of a violent battery against another person, who ended up in the hospital. Many people present at the party believed that they saw B there earlier and that he had returned with a group of people to assault the victim. Kirk was able to establish an alibi, proving that A was with his girlfriend the entire time. He also vigorously cross-examined the many witnesses who claimed to have seen A attacking the victim. Kirk showed the jury that the excessive drinking and rowdy partying that was going on affected the credibility of the witnesses. He also forced a witness to confess that she had lied on the stand. The jury found AJT Not Guilty of all charges.

August 27, 2009

State of Wisconsin v. BNB

B was at a bar and a group of ruffians decided that they didn’t like the way that B looked. The rowdy group followed B into the men’s room and attacked him, repeatedly punching and kicking him. B was hit so hard in the face that his eye swelled shut. Impulsively, he grabbed the knife from his pocket that he used for work and lunged out of the men’s room to try to get out of the chaos. The young punk who had ordered the attack was waiting outside and tried to stop B from leaving, but B was blindly swinging his knife in front of him trying to escape. The punk got in the way. B was charged with the stabbing and faced over 22 years in prison if convicted. Kirk took the case to trial and argued self-defense. The jury of 12 men and women found him Not Guilty of all charges. He went to a bar with Kirk afterwards and they celebrated.

DisclaimerReal Results from Real Cases is a blog which has the sole purpose of providing examples of prior successful casework of Obear Defense.  These examples are not intended to suggest that the results of any other particular case will be similar.  Every case is different and no attorney should ever portray the outcome of prior cases as a guarantee that future cases will have equivalent results.