If you do something, you typically don’t do so with the intent of getting arrested. However, Wisconsinites are arrested every day. If you or a loved one is in police custody, it is critical to understand the arrest process to help you make the best decisions for your case and protect your rights.
When Can an Arrest Be Made?
Under the Fourth Amendment in the U.S. Constitution, an officer has the right to make an arrest without a warrant under certain conditions. These conditions include:
- When a person has committed a felony in the officer’s presence;
- When there is reasonable evidence that someone has committed a felony, even if not in the officer’s presence; and,
- When the officer has reason to believe there is probable cause for suspecting criminal activity, including breaking laws, such as speeding or committing minor crimes in plain view.
In any case, it must be established that there are reasonable grounds to believe that the individual committed a crime and that their actions constitute probable cause for apprehension. If any of these conditions are met, it is legal for a law enforcement officer to detain someone.
What Are My Rights After Being Arrested?
If you are arrested, you have certain rights and protections guaranteed under the law. Individuals have the right to know why they are being held and what charges have been brought against them. This includes the right to remain silent when questioned. More importantly, detained persons must be provided basic necessities such as food and water.
They also have the right to be quickly presented before a judge for a review of bail conditions or release on their own recognizance. If jailed, individuals are entitled to receive timely court notifications so that their legal rights can be actively defended and their due process maintained. This includes having access to an attorney pro bono if they cannot afford one.
When Should Miranda Rights Be Read?
Miranda rights, which safeguard the accused person against self-incrimination, should be read any time a person is arrested. Miranda rights provide essential protections for those detained in connection with a crime and are thus critically important to guarantee basic constitutional guarantees for all who come into contact with law enforcement officers and agencies.
What Should I Say or Not Say After Being Arrested?
After being arrested, it is essential to understand your rights. It is important not to say anything to police or other officers beyond what the law requires. While you should remain cooperative, you should avoid being confrontational and respect the authority of law enforcement officials.
In most cases, you should only provide basic information such as your name and address; it is not necessary to answer further questions unless it is advised by legal counsel or requested by officers. Additionally, you should refrain from sharing personal information like the incident's details or admitting guilt.
Furthermore, you should not engage in conversation with fellow defendants while in custody; this could create additional legal issues later on if charges are brought against you. Ultimately, understanding one’s rights and following police orders can help protect you from anything that could be used against you in court.
When to Call an Attorney After Being Arrested
Being arrested can be a scary experience. As soon as possible after the arrest, it is vital to understand your rights and get in contact with a criminal defense attorney to you.
The experienced Wisconsin criminal defense team at The Law Offices of Jason D. Baltz can answer questions such as:
- When and how to post bail;
- Explain the charges being filed against you;
- Advise on plea deals or other arrangements for your defense; and,
- Provide general legal advice about the proceedings.
We will also keep track of the many court appearances that may need to be made throughout the process, ensuring that all deadlines are met. Feel confident with your Wisconsin criminal defense accusation by contacting The Law Offices of Jason D. Baltz online or by phone. (414) 375-0797