faqs
- Can criminal cases be resolved without a jury trial?
- what should i do if I'm arrested?
- When am I under arrest?
- Can a law enforcement officer detain you without arresting you?
- When are you arrested with a warrant?
- Can I be arrested without a warrant?
- When am I arrested without a warrant?
- Can an officer use force when making an arrest?
- What should I know about when I’m searched?
- Can police impound my car?
- What happens if I get arrested?
- What happens to my personal property if I’m arrested?
- What are my rights after my arrest?
- What rights do I have when questioned by the police?
- How do I get a lawyer?
- How am I released?
Can criminal cases be resolved without a jury trial?
We often obtain great results for clients while avoiding a trial. However, that requires the preparedness, willingness, and experience to go to trial and prevail -- sometimes over half the battle is ensuring that the opposing side is convinced we’re willing to go the distance.
Having the confidence to face the trial process – along with the experience of many jury trial victories – we can bring a lot of credence to any negotiations.
What should I do if I'm arrested?
If you are arrested in Wisconsin, the decision as to whether you should answer any questions is entirely your own. Consider this carefully, because oral statements (as well as written statements) can and will be used as evidence in court against you.
Where you offered any inducement to sign a document, or threatened, coerced or forced to sign anything? Advise your attorney immediately and the senior police official in charge. If you do not have an attorney, you may ask to see one immediately.
If you are unable to afford a criminal defense attorney, you have a right to be put in touch with the Public Defender immediately. The Public Defender is a lawyer and is there to give you vital legal advice following your arrest. If you are unsure as to whether you should talk with the arresting officer or other law enforcement officers, wait until you’ve spoken with an attorney before giving up your right to remain silent.
When am I under arrest?
You are arrested when law enforcement officers take you into custody or otherwise deprive you of your freedom of movement in any significant way, in order to hold you to answer for a criminal offense.
Under Wisconsin law, police officers are obligated to identify themselves, advise you that you are under arrest, and explain why you are under arrest (unless circumstances make it impossible for them to do so at that time.)
Even if no one has actually used the word “arrest” or any other comparable word, you may indeed be under arrest. The fact that you have been deprived of your freedom of movement in a significant manner may amount, legally, to an arrest.
Contrary to what you see in movies and on TV, private citizens do not have power of arrest in Wisconsin. Under limited circumstances, however, a “citizen’s arrest” may occur where an actual commission of a felony is involved.
Can a law enforcement officer detain me without arresting me?
If there is reasonable suspicion that you may be involved in criminal activity, a police officer may require you to identify yourself and explain your presence at a particular time, without arresting you.
However, under Wisconsin law, the officer may not remove you from the immediate vicinity without actually making an arrest, unless you voluntarily accompany the officer to some other location.
A limited pat-down of your outer garments for the purpose of detecting weapons may occur if the officer has reasonable grounds to believe that you are armed. If this “frisk turns up a reasonable belief by the officer that you’re carrying a weapon, the officer may remove the suspicious object for protection.
Note: The officers must return to you any unlawful object found, unless they place you under arrest.
Also, unless the officer places you under arrest, the frisk or search must be limited to suspected weapons. The officer may ask you some questions in order to complete the field interrogation card, and you have a constitutional right not to answer them, or give your name, unless the officer has an articulable suspicion that you are involved in a crime.
At the conclusion of this temporary detention, the officer is obligated to arrest you or let you go.
In a retail establishment where goods are placed on display and for sale, the merchant or the employees may detain you on the premises for a reasonable time for questioning if they have probable cause to believe that you have stolen or have attempted to steal goods for sale. This is a case where a police officer called to the scene may make an arrest for shoplifting even though the alleged offense was not committed in the officer’s presence.
Can I be arrested without a warrant?
What is a warrant? A warrant is an order issued by a court charging that you committed a particular crime and directing the sheriff and all police officers of the state to arrest you and bring you before the court.
If he or she has a warrant for your arrest, a police officer may arrest you at any time. If the officer knows that a warrant for your arrest has been issued, the same applies.
You may require the officer to read the warrant after you have been arrested.
Don’t confuse an arrest warrant with a search warrant; they are two different things. An arrest warrant means you are going to be arrested, whereas a search warrant is a document granting law enforcement the right to search specific sites or possessions.
When am I arrested without a warrant?
Here are the circumstances under which a Wisconsin police officer can make an arrest without a warrant:
1) When the officer knows that a warrant for your arrest has been issued and is still in effect, even though the warrant may be held by another police officer;
2) When the arresting officer has good reason to believe that a felony has been or is being committed, and that you are the person who has committed or is committing the felony.
A felony is a crime which is punishable by death or by imprisonment in the state penitentiary for a term of years. Felonies are generally the more serious crimes, such as murder, robbery, grand larceny, burglary, sexual battery, sale of narcotics, keeping a gambling house, and many others;
3) When a misdemeanor is actually committed in the presence of the officer. However, keep in mind that, under Wisconsin law, there are a few specified misdemeanors for which an arrest may be made without a warrant, even when not committed in the presence of the arresting officer.
These exceptions to the general rule are: shoplifting, carrying a concealed weapon other than a firearm, possession of not more than twenty grams of marijuana, among a few others.
Can an officer use force when making an arrest?
An officer may employ all reasonable and necessary force to overcome resistance while making a lawful arrest.
The legality of the arrest will have nothing to do with whether or not you are convicted, and, if the officer explained reasonable grounds for making the arrest at the time of the arrest, you cannot claim later that the arrest was unlawful merely because you were found not guilty.
Violent resistance of arrest is a felony under Wisconsin law, and resisting arrest without violence or threat to do violence is a misdemeanor. Even if you were found not guilty of the crime for which you were arrested, you could be convicted of either of these crimes.
Under Wisconsin law, obstructing an officer with violence is also a felony. Obstructing or interfering with an officer on duty without violence is a misdemeanor. If you believe that your rights are being violated, make it a point to remember exactly what the police officer did and then advise your attorney concerning this at the earliest possible time.
What should I know about when I’m searched?
First of all, this advice: You should not resist a search with force.
Now, that doesn’t mean you should consent to an improper search. If you object to a particular search, tell the officer who is conducting it that you do not consent, that you do object to the search, and ask the officer to identify him or herself.
In most cases involving search and seizure issues, “reasonableness” of the search is the legal test in the absence of a search warrant.
If police officers arrive at your premises with a search warrant, they may search only the area or portion specifically authorized in the warrant itself. You are entitled to a copy of the search warrant, and it should be served on you if you are present.
If you are arrested in your home, the officers do not need a search warrant to legally conduct a limited search of the immediate area where you are arrested. They may also check the rest of the residence for any hidden accomplices and seize any contraband, stolen property, instrumentalities, or evidence of a crime that they discover in plain view in any portion of the house to which the officers have a right to enter.
Can police impound my car?
If there is no qualified licensed driver or towing agent to take charge of it, your automobile may also be impounded and inventoried. If an officer is about to impound your car, you should tell the officer if you have a relative or friend who can come and get it. You can also state a preference for your own station to tow your car.
What happens if I get arrested?
1) The officer will take you to a police station.
2) You will be advised of the general charges against you. However, these charges may be changed later and stated in more detail by the office of the prosecuting attorney or, in some instances, by the grand jury.
3) You may be required to participate in a lineup, to prepare a sample of your penmanship, to speak phrases associated with the crime with which you are charged, to put on certain wearing apparel, or give a sample of your hair. You should ask to have your defense attorney present during any of these procedures.
If you are asked to participate in a lineup after you have been formally charged by the prosecuting attorney or indicted by a grand jury, you have an absolute right to counsel.
4) You may be fingerprinted and photographed.
5) You will be brought to court in front of a Judge or Court Commissioner, and bond will be set.
What happens to my personal property if I’m arrested?
If you’re booked into a jail, the police may take money and property from you for safekeeping. Money and property will be carefully inventoried, and you will be provided a copy of the inventory.
At the time of your release or at the conclusion of your case, any money or property that was not seized as evidence in the case will be returned to you. You’ll be given an opportunity to sign the property list -- make certain that the list is complete and includes all the items taken from you
What are my rights after my arrest?
You have a right to know the crime or crimes with which you have been charged.
You have a right to know the identity of the police officers who are dealing with you, your right to statute and by custom.
You have the right to communicate by telephone with your attorney, family, friends, or bondsperson as soon as practicable after you have been brought into the police station. The police have a right to complete their booking procedures before allowing you to use the telephone.
You have the right to be represented by counsel at all critical stages of your case. If you cannot afford a criminal defense attorney, the court will appoint an attorney to represent you free of charge if you qualify under existing criteria as an insolvent person. This right pertains to any offense, however trivial, for which any imprisonment whatsoever might result.
Constitutional rights may be waived or given up voluntarily. Before you say or sign anything that might result in waiver of a constitutional right, you should contact a criminal defense lawyer and weigh your decision carefully.
What rights do I have when questioned by the police?
1) You have the right to remain silent.
2) If you choose to speak, anything you say can be used against you in court.
3) If you decide to answer any questions, you may stop at any time and all questioning will stop.
4) You have a right to consult with your attorney before answering any questions. You have the right to have your attorney present if you decide to answer any questions, and if you cannot afford a criminal defense attorney, one will be provided for you or appointed for you by the court without cost to you before any further questions may be asked.
How do I get a lawyer?
If you don’t know a criminal defense lawyer in the area where you are arrested and have no lawyer in your home town whom you would call, you may contact The Wisconsin Bar statewide Lawyer Referral Service at (800) 728-7788 or your county or city bar association for the name of a criminal defense attorney on the local referral list.
Any attorney you contact should be happy to discuss fees with you and give you an idea of the cost involved.
If you can’t afford a private defense lawyer, you should tell the judge at your first appearance or as soon after that as possible. The judge will ask you some questions to determine if you are eligible for the services of an attorney at public expense. You will probably be asked to take an oath of indigency, which is a sworn statement as to your inability to afford a private attorney.
How am I released?
You may be released upon personal recognizance (your promise to appear in court when directed), or you may be released on bail, which involves the posting of either cash money or a signature bond.
If you are taken into custody and booked into the jail and remain there, you must generally be brought before a judge or commissioner within 24 hours of your arrest.
When you arrive at the jail (or shortly thereafter), you will be given an opportunity to contact your attorney. The attorney may arrange for the posting of a bond and may appear with you in court and ask the court to lower the bail if it is believed to be excessive under the circumstances.