Arrest

An arrest is the seizure of a person, and the taking of that person into custody.

An arrest can cause a person to feel as though their world is crashing in on them; it is not. An arrest is not a verdict. An arrest simply means that some form of evidence led police to believe that the person who was arrested committed a crime; it is an allegation. The prosecutor must prove that the allegation is true beyond a reasonable doubt.

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 incriminating information that the person provides will be used for purposes of prosecuting that person. A Miranda warning can be given by police to a potential suspect without an arrest occurring.

Police can also make an arrest without giving a Miranda warning. The questions asked and the answers given prior to the Miranda warning are the subject of motions prior to trial to prevent the use of that information to prosecute the alleged defendant.

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. Amongst those rights are the right to expect privacy, and the right 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.

Police Questioning

Can police question a person without a warrant? Yes.

Police don't need a warrant to question people; however, you have the 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. The Constitution of the United States protects your right to be represented during questioning.

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, and it will necessary for you appear in person at 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 courts 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 or 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 13 years of age, but under 18 years of age, can 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.

arrest crimes

A person can be arrested for any crime in the State of Wisconsin that is proscribed (prohibited) by State law or Federal law. Crimes are offenses against the people of the State for which law exists to classify the offending act as a Felony or Misdemeanor. Other offenses, such as Ordinance violations, that are not classified as a Felony or Misdemeanor are not crimes.

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 as the outcome of your case, and no criminal defense attorney ever should, but by placing your trust in the hands of the attorneys at Van Wagner & Wood, you can reassured that you have all that is possible to ensure the best outcome.

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, you will br prompted to leave a message with their voicemail system, which will be forwarded to an attorney who can contact you in emergency situations or on the next business day.

Contact Van Wagner & Wood