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INFO
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Van Wagner & Wood - Arrested? Now What?
Were you arrested for drunk
driving?
If so, see: Drunk
Driving Arrests
Arrest
The term "arrest" usually means the seizure of a person and the taking of that person into legal custody to administer some other legal procedure. An arrest is not a criminal charge, nor is it a verdict, rather it is an allegation that some crime has been committed, and an accusation that the person arrested committed that crime.
Miranda Rights
Can police arrest a person without providing a Miranda statement? Yes.
"Miranda rights" earned their name from a Supreme Court decision involving a person named "Miranda". Because of that decision, the law provides that a person must be informed of his or her rights to remain silent, and to have legal counsel present during questioning. Additionally, a Miranda statement includes a notice that any and all information provided can and will be used against the defendant in a court of law.
An arrest does not require a Miranda statement, nor does a Miranda statement require an arrest. A Miranda statement is a notice to a person to inform that person that they have the right to have an attorney present during any and all questioning, that they cannot be compelled to answer any questions, and that any information that they do provide that is incriminating will be used for purposes of presecuting that person.
Arrests Without Warrants
Can police arrest a person without a warrant? Yes.
Under the Constitution of the United States of America, basic rights are secured for the people of the United States, which include the right to expect privacy and to be free of warrantless searches and illegal seizures.
However, those basic rights do not survive illegal conduct, nor protect illegal contraband. Generally speaking, an arrest can be made of a person committing a misdemeanor in the presence of the arresting agent or of a person believed to have committed a felony.
For expert advice regarding your arrest and the charges against you, please contact the attorneys at Van Wagner & Wood, Attorney Christopher T. Van Wagner (Chris Van Wagner), former US Attorney and state prosecutor, and Attorney Tracey A. Wood, Wisconsin's foremost authority on drunk driving laws for a FREE CASE REVIEW. Van Wagner & Wood's criminal defense and drunk driving defense attorneys are expert advisors on the law and on how the law will affect you. Those attorneys will provide you with a free first-impression analysis of the case against you so that you can make that critical decision about how to prepare your defense.
Police Questioning
Can police question a person without a warrant? Yes.
However, you have a right to remain silent and to have your attorney present during any questioning. It is neither an admission of guilt, nor a request that police can refuse. It is your right to be represented during questioning, and that right is provided to you by the Constitution of the United States of America.
If you have been arrested, regardless of whether it was a legal arrest, if your personal property or home has been searched, if your property has been seized, or if you have a spouse or child in custody, call (608-284-1200) or e-mail the attorneys at Van Wagner & Wood right away.
Bail Bond & The Bondsman
A bail bond is a payment or promise made to effect the release of a person from jail. In the state of Wisconsin, scheduled bond fees are available for certain misdemeanor and minor offenses (including drunk driving). For those offenses, the jail can tell you the amount of bond required for your release.
For other misdemeanors and for all felony charges, the jail does not have a schedule of fees and they cannot provide you with the amount of bond required. In those situations, it is necessary for you to attend an arraignment. For most felony charges, the state prosecutor will ask for a high bond, and your release will be delayed until such time that you appear in court.
Wisconsin does not have bondsmen. In rare instances, a court may allow a person to pledge their home in lieu of a bond, but that is not the rule of thumb for most courts in Wisconsin and very few will even consider such an arrangement.
Credit Cards, Checks, Cash
All jails will accept cash for the required bond amount.
Most jails will also accept credit cards, however, for an additional fee,
called a transaction fee. 
Adult & Child Arrests
The lawyers of Van Wagner & Wood have represented both adults and children (who are often referred to by the legal system as a juvenile, and in the system as a juvenile delinquent).
Under common law, a child under the age of five years is incapable of committing a crime because of a lack of ability to form a culpable thought. A child over the age of five years and under the age of thirteen years is almost always tried in juvenile court, which operates under a separate juvenile law. A child of at least thirteen years who has not attained his or her eighteenth birthday may be tried in juvenile court, or the prosecution or defense can request a transfer to adult court. In almost all situations, if a child can be tried in juvenile court, it is in his or her best interest to accept the juvenile court provisions.
Under Investigation?
If you are under investigation for a crime or drunk driving, call (608-284-1200) the attorneys at Van Wagner & Wood right away, or send them an e-mail. Van Wagner & Wood's attorney cannot make you any promises, nor can any criminal defense attorney, but it may help to know that the attorneys at Van Wagner & Wood have successfully negotiated with the district attorney for many of their clients, and if they were called soon enough, they have been able to prevent charges against their clients in many situations.
In Custody?
If someone you care about is in jail, call (608-284-1200)
the attorneys at Van Wagner & Wood. The office is open from 8:00 a.m.
until 5:00 p.m. on all business days, excluding legal holidays. If the
office is closed, a 24-hour answering service will page the attorneys.
Appeals & Serious Crimes - Homicide - Murder
Federal Crimes
Drug Crimes
Drunk Driving (OWI, DUI, DWI)
Sexual Assault & Sex Crimes
