How to Protect Your Rights After an Arrest in Wisconsin

What you do after an arrest in Wisconsin matters. There are certain mistakes that you can make that can put you in an even more precarious legal position. Once you make these mistakes, it can be extremely hard to undo them. However, you may not know that you have made an error until after the damage has been done. The best way to avoid damaging your own defense is to contact an attorney as soon as possible after you have been arrested. The criminal defense lawyers at Hogan Eickhoff can fight to protect your legal rights and work for the best possible outcome in your case.

In the meantime, here is how you can protect your rights after an arrest.

Do Not Speak with Law Enforcement

One way that criminal defendants damage their own legal defense is by speaking with police officers about what happened after they have been arrested. There is a reason why you have Miranda rights. The prosecutor will not hesitate to use your own words against you when it comes to proving their case.

Resist the urge to try to explain yourself to the police officer after you have been arrested. You will not be able to talk your way out of trouble. All you would be doing is giving law enforcement potential evidence to use against you in a trial.

The police officer would need to read you your rights after an arrest. They would tell you that you have the right to remain silent and to an attorney. Make sure that you invoke your rights. Still, you need to be careful because police have developed clever ways to get around your Miranda rights and still elicit damaging information from you.

Do Not Agree to Searches

The police officer may ask if it is okay to search your vehicle or home. The answer to this question should always be no. If you consent to a search, you will be deemed to have waived your legal rights.

The police need a warrant to conduct a search after they have gone to a magistrate and established probable cause that a crime has been or is being committed. If they execute the search without a warrant, they need to rely on an exception to the requirement to obtain one. If not, the evidence that the police have taken can be suppressed when the prosecutor tries to use it against you at trial. Do not make the police officer’s job easier for them by allowing them to conduct a search without a warrant. If the police officer has a warrant, read it carefully and make sure that they are not exceeding its scope.

Know Your Rights and Assert Them

You need to know about your legal rights to know when they are being violated. Many people know about the concept of having legal rights, but they do not know exactly what they are.

If a police officer is violating your legal rights, you need to stand up for yourself and tell them. This way, the officer understands that you know that they are doing something wrong. This action could stop them in their tracks because they would realize that the case against you could be in jeopardy because of their actions. When you alert the officer that they are violating your rights, it is essential that you are firm yet respectful. You do not want to give the officer anything additional to use against you, such as a charge of resisting arrest.

Do Not Speak About Your Case

Do not speak about your case to anyone but your criminal defense attorney. You never know who may be a potential witness who could testify against you in court. Anything that you say to anyone could be potential evidence that could be used at trial.

You may have the urge to try to clear your name by speaking up on your behalf. You should not do this. Instead, you need to let the legal process play out and your criminal defense attorney do their work. Your legal defense is what you would need to speak for you.

Hire a Criminal Defense Attorney

Perhaps the most important way that you can protect your legal rights after an arrest is to hire a criminal defense lawyer to represent you. It is crucial that you make this call immediately after you have been arrested before you do anything. Your legal rights are on the line at all times. Not knowing your legal rights would not be an excuse if you have made a mistake that could damage your defense. Hiring a criminal defense lawyer right after you have been arrested is the best way to protect your legal rights.

Your criminal defense attorney would advise you that it is rarely in your best interests to speak with the police or prosecutor. If there is a reason for you to do so, they would always be present and help set the terms for the conversation. Your criminal defense lawyer knows the law and your rights, and they would work to ensure that they are not violated.

Further, your criminal defense attorney would take action if they learn that your legal rights have been violated. They may file a motion in court to suppress any evidence that was illegally seized. If your rights have been violated in other ways, they may even ask a judge to dismiss the charges against you entirely. If you have still been convicted after your rights have been violated, a criminal defense lawyer could file an appeal on your behalf.

Contact an Eau Claire Criminal Defense Lawyer Today

Immediately after your arrest, you need to get in touch with a criminal defense lawyer to prevent any further harm to your legal rights. The timing of this call is crucial, and you cannot afford to delay. The criminal defense lawyers at Hogan Eickhoff are here for you, and you do not have to go it alone. Visit our website or contact us today at (920) 450-9800 to schedule a free initial consultation.