Under Arrest In Wisconsin

Regardless of the circumstances, an arrest often causes panic. Instead of resisting or abusing the officer, it is best to maintain your cool. You must also understand your rights so you are not wronged in any way. We at Eisenberg Law Offices, based in Madison, Wisconsin, have protected the rights of people under arrest for numerous years. We have the expertise and the knowledge you can trust.

 “Under Arrest” Defined

An arrest is a forcible restraint or seizure of a person’s liberty which puts them in police custody. If you are uncertain whether an arrest is taking place, clarify it with the officer since every detainment is not an arrest. For example, you cannot be arrested for a violation such as a speeding ticket, but the officer can detain you to identify who you are and issue you a citation.

However, besides obvious criminal charges, you can be placed under arrest such minor offenses as well as a parole or probation violation and failure to appear in court.

A warrant is required for your arrest, unless there is probable cause. Probable cause simply means that certain circumstances point towards the probability that a person has committed a crime. At the time of arrest, the officer may search you and your clothes, but they must have a search warrant in order to go through your home.  They may or may not need one for your car.  If an arresting officer comes to your home, Eisenberg Law Offices attorneys strongly recommend that you be aware of your rights as well as the danger of escalating the situation.

“What To Do And Not To Do” When Arrested

In order to avoid increased charges at the time of arrest, the criminal defense attorneys at Eisenberg Law Offices advise you to do the following:

  • Remain Silent. Your name and address are the only information you are required to provide. Be polite to the police but do not disclose to them anything about the incident, even if they try to convince you to do it. Likewise, do not sign any papers or agree to recorded conversations prior to seeking advice of your lawyer.
  • Avoid Resistance. Do not misbehave, use abusive language or touch the officers in any way, as resistance to arrest is a crime. Attempting to run is useless and may only increase your charges. Even if you are innocent, Eisenberg Law Offices criminal attorneys advise you to keep your calm and follow the procedure.
  • Control the Searching. At the time of arrest, the officer can search you and your clothing without a search warrant.  Do not consent to a search of your car, home or any electronic device.
  • Contact Your Attorney. When you are allowed to make a phone call, immediately call a friend or relative who can connect you with a qualified attorney. If you haven’t contacted an attorney at once, then you will have to endure potentially adverse situations without someone protecting your rights in such stressful circumstances. Eisenberg Law Offices lawyers are ready to defend your rights and counsel you to the best course of action suitable to your unique circumstances.

Eisenberg Law Offices criminal defense attorneys understand the anxiety people under arrest experience and can guarantee a professional handling of the case with your best interests in mind. If you are under arrest in Madison or any other Wisconsin city and need the representation of an attorney, contact us for a free consultation. We will carefully listen to you, evaluate the facts and help you to handle your case with maximum consideration of your situation.




Eisenberg Law has successfully represented our clients in thousands of Personal Injury, Criminal Defense and Family Law Cases during our 30-plus years in business.


308 East Washington Avenue Madison, WI 53703 (608) 256-8356

Madison WI Attorneys Since 1983

Copyright © 2019 Eisenberg Law Offices, S.C. All Rights Reserved SiteMap

The Information Contained In This Site Is Not Intended To Provide Legal Advice. Please Consult An Attorney To Discuss The Facts Of Your Individual Situation. Eisenberg Law Office, S.C. 308 E. Washington Ave., Madison, WI 53703 USA (608) 256-8356