John Brinckman, S.C. - Criminal Attorney at Law in Minnesota and Wisconsin - Exchange Building  -  205 Fifth Avenue South Suite 520  -  La Crosse, WI 54601  -  Tel: (608) 782-2777 - Fax: (608) 782-2774

CAN A POLICE OFFICER USE FORCE TO ARREST YOU?

An officer may use any reasonable force necessary to arrest you and to keep you under arrest. Never resist the officer, and never interfere with an officer if someone else is being arrested.
If you believe that your rights are being violated, remember exactly what the police officer does, take photographs if possible and tell your Criminal Defense Attorney about it immediately.

IF I AM ARRESTED, WHAT SHOULD I DO?

There are certain things you should and should not do if you are arrested.

DO NOT make statements to the law enforcement officers. Even if they imply that with cooperation, they will let you go or will go light on you, the police officers do not have the authority to enforce that deal. Only the District Attorney's office can make such a deal. A Cooperation Agreement should be written and signed by the District Attorney. Before you sign, it should be reviewed by your Criminal Defense Attorney.

DO speak only with your Criminal Defense Attorney about the matter - do not discuss it with anyone else, even close friends. Friends may be questioned on what you said. Even if they misunderstand you, it will be used against you.

DO NOT answer questions asked by law enforcement officers until after speaking with your Criminal Defense Attorney. It is easy to say things that can be used against yourself, especially if you don't know all of what you're being accused of.

Be polite to law enforcement personnel. You can be charged with resisting or disorderly conduct even if you've done nothing wrong. Don't fight the police at the point of arrest. Call a Criminal Defense Attorney.

IF I AM INNOCENT OF THE CRIMINAL CHARGES FILED AGAINST ME, DO I STILL NEED AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY?

Absolutely! The fact that you are innocent does not mean you will be acquitted at trial. Sometimes police or prosecutors are so eager to push cases through the system that innocent people are found guilty of crimes they did not commit. The only way to ensure that your rights are fully protected and that evidence in your favor is fully and fairly presented in court is to hire an experienced criminal defense attorney to provide you with proper legal representation.

SHOULD I CALL A CRIMINAL DEFENSE LAWYER?

Whether you are arrested for a crime, or just being questioned by the police, you should contact a criminal defense lawyer as soon as possible. He or she has a better sense of what you should or should not say to the law enforcement officers to avoid being misinterpreted or misunderstood.

No crime is too small to call a criminal defense lawyer.

In Wisconsin, three convictions of any size make you a repeater. Any "domestic" conviction can prevent you from legally possessing a firearm for the rest of your life.

All convictions affect your credibility and could make it more likely you will be charged in the future.

CAN THE POLICE ARREST ME JUST BECAUSE SOMEONE SAID I DID SOMETHING ILLEGAL?

Yes. It could be your ex, a confidential informant, a witness or other tipster. But the informant and the quality of their information together must elevate to the level of reasonable suspicion before the arrest is valid.

The informant's reliability or credibility is determined by many things. As a general rule, if you were stopped or arrested as a result of an anonymous tip, your stop or arrest may be deemed unreasonable and the evidence will be suppressed. You should consult a Criminal Defense Attorney.


Disclaimer: The information you obtain at this site is not,
nor is it intended to be, legal advice. Please consult a criminal defense
attorney for individual advice regarding your own situation.
 

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