Wisconsin Criminal Court Process for Arrest

The best way to know if an officer is placing you under arrest is to ask, “am I free to leave?” If the officer says you are not free to leave, you have been taken into custody and are officially under arrest. In most cases, a police officer will tell you when you’re under arrest without you having to ask.

An officer is only allowed to arrest you if:

• The officer sees you commit a crime
• The officer has probable cause that you’ve committed a felony
• A judge has issued a warrant for your arrest, supported by probable cause.

If you do not believe any of these reasons to be true, DO NOT resist arrest. Go politely. Remain silent. Ask to speak with your attorney. If the arrest is unjustified, a qualified criminal defense attorney will be able to clear everything up. Resisting arrest in any circumstance only makes your chances worse. If you were arrested for an OWI in Wisconsin, learn about the drunk driving penalties and how to fight them.

If you do not believe any of these reasons to be true, DO NOT resist arrest. Go politely. Remain silent. Ask to speak with your attorney. If the arrest is unjustified, a qualified criminal defense attorney will be able to clear everything up. Resisting arrest in any circumstance only makes your chances worse. If you were arrested for an OWI in Wisconsin, learn about the drunk driving penalties and how to fight them.