What happens when you’re arrested? What tips can our criminal defense attorneys provide?
Some of our clients aren’t surprised when they’re arrested. But most are. No matter your position in life, it’s an uncomfortable, sometimes scary scenario to be in. As criminal defense attorneys, we regularly review police videos (body and squad car cameras) that show our clients being arrested. In certain circumstances, those videos don’t shine the best light on our clients, and they come up later on in a criminal case. In the most aggravated situations, they’re brought up during sentencing hearings. Prosecutors typically attempt to make our clients look bad, and a bad bodycam video can sometimes help them do exactly that.
But we’re not here to scold anyone or tell them that they’re wrong. Instead, we’re here to provide individuals some tips on what to do, and what not to do, when arrested. After all, it doesn’t help your case by adding additional criminal charges or issues.
If you’re facing any kind of criminal allegations, the Milwaukee criminal defense attorneys at Van Severen Law Office, S.C. would like to speak with you. We’ve helped thousands of individuals after they were arrested (and sometimes even before that point). We have won plenty of those cases, and in even more resolved them in ways consistent with client expectations. Contact us at (414) 270-0202. We answer phones 24/7.
Firstly, the police throw you in handcuffs
It’s a strange feeling when individuals you don’t know grab you, take your cell phone, take your possessions, and put you in handcuffs. Minutes ago you were able to move around wherever you wanted, talk to who you wanted, and go about your life. Now you’re not, and it’s a shocking feeling. But it’s important to remember the long game here. You might be mad, but don’t do anything to hurt your case. Do not make your future criminal defense attorney’s job even more difficult. You won’t win any points by fighting, or even arguing with, the cops.
Usually all of your actions during an arrest are recorded. Sometimes drunk drivers urinate on themselves. Sometimes individuals arrested for domestic violence scream obscenities and blame their partner. Nobody is happy. But it’s not going to feel good rewatching these videos sitting in court.
What’s our advice? Do your best to keep calm. Don’t fight the police. Be respectful. While an arrest can lead to limited searches, don’t agree to broader searches of your home, apartment, vehicle, or other property. The less you say, and the less you react, the better. This is not the time to argue or fight your case.
Don’t give the police more evidence to use against you
In movies, television shows, and frequently real life, the first step that police take after arresting an individual is to remind him of his Miranda rights. Doing this is referred to as providing the arrestee his Miranda warnings. This isn’t required in all situations. If you’re arrested for a crime and police don’t plan on interrogating you, these warnings usually aren’t read. While a thorough, cautious police officer will do so, failure to provide them doesn’t result in a dismissal of your charges or anything along those lines.
But let’s assume they want to talk to you. They read your Miranda warnings. What do you do? It might feel like you should own up to your actions, acknowledge responsibility, and apologize. And that’s what the cops want you to do. But they don’t really care about whether you’re sorry, and are instead interested in gathering more evidence against you. Apologizing for your actions is acknowledging that you did them, and that’s more evidence. It’s not hearsay and it will be used against you during your case.
But that might still not make sense. If you did it, you did it, right? There’s another actor here that you’re not considering, and that’s the prosecutor. You don’t know who will work on your case. We’ve met plenty of bad, unreasonable ones simply looking to spitefully punish any infraction of the law, no matter how minor. A full confession gives up all the cards and could eliminate relevant trial defenses, allowing that bad prosecutor to act however they want. The possibility of trial sometimes holds them in line and keeps them reasonable.
Remain silent when facing questioning. If you’re like to make a statement, we will determine how to do that from a defensible position.
The cops bring you to the police department.
Once you’re arrested, the cops put you into a police car and drive you back to the police station. Sometimes during the ride they’ll do more questioning and interrogation. Remain silent. We’ve encountered shady cops without cameras in their cars intentionally trying to avoid constitutional requirements. Sometimes they’ll make promises, in others they’ll make threats. You do not know what is being recorded and what isn’t, so remaining silent during transport is important.
Once you’re back at the station, your photograph will be taken, your fingerprints will be taken, and staff will confirm additional basic information about you.
Sometimes police will attempt formal interrogation back at the police station. But sometimes they’ll make you sit in a holding cell for a few hours before questioning you. This will make you feel desperate and looking to say anything to get out of the situation you’re in. Recognize that this is an intentional strategy used by police. And unfortunately, we’ve seen it work before. It’s important that even at this point, you remain silent.
Cases diverge from here. If you’re facing a misdemeanor or first-offense drunk driving charge, you’ll usually be released (sometimes with bail money required for misdemeanors) and ordered to return for a court date. In felony and serious cases, correctional staff will transport you to the county jail.
You’re brought to the county jail
In some smaller communities throughout Wisconsin, police and sheriff departments operate out of facilities that are combined with the county jail and sometimes the courthouse. Ozaukee County and Washington County are two examples of facilities that operate in this manner. In places like Milwaukee, where the police department has separate districts, this isn’t the case. You’ll need to be transported to the county jail.
Since you haven’t appeared at a court hearing called the initial appearance, you haven’t been charged with any crimes and are being held on “summary charges.” Summary charges are those that the police arrested you for and think you violated, but they might not be what a prosecutor charges you with. Prosecutors typically see things from a higher perspective and sometimes pick up on constitutional flaws or other errors by the police, and this can result in different, reduced, or no charges.
You usually have two choices here: post bail on the summary charges, or wait for your initial appearance. If possible, we think it’s best to post bail and be released as soon as possible. This allows you to secure criminal defense counsel before ever appearing in court, and will allow that attorney to make sure your case is handled appropriately. This is especially the situation when dealing with a high profile case. The media would love to see you dressed in orange and moving through intake court.
What’s next? Dealing with court hearings and the decisions that come along with them.
Contact Van Severen Law Office, S.C. to speak with our criminal defense attorneys.
The cops don’t like it when a criminal defense attorney gets involved in the above-described process. We see situations like the one you’re dealing with every day, and we’re prepared to use our experience to your advantage. While hopefully this step-by-step explanation helps you deal with your situation, it’s likely that you’ll need more than a simple guide. Arrests usually lead to charges or citations, and that’s the point where a criminal defense attorneys becomes involved.
Van Severen Law Office, S.C. is a Wisconsin criminal defense law firm based in Milwaukee, WI. We operate satellite offices throughout Wisconsin and represent individuals facing both misdemeanors and felonies. Contact us at (414) 270-0202 and let’s figure out how we can help you.