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should you answer police questions?

Should You Talk To Police After An Arrest In Wisconsin?

What Should You Say When You Talk To Police After An Arrest?

Interactions with Wisconsin law enforcement are full of opportunities for miscommunication and misunderstanding. Emotions and anxiety run high and can cause both offenders and law enforcement officers to escalate the situation. It is so important to remain levelheaded and to understand your constitutional rights when you are asked to talk to police after an arrest in Wisconsin. This includes knowing what to say and what not to say. It is up to you to advocate for yourself in the immediate aftermath of an arrest. If you do not speak up for yourself and your rights, the police may ignore them.

By knowing what your rights are, you can protect yourself and stay safe until you are able to speak with your attorney.

Your Basic Rights During a Police Interrogation

  1. The Right to Remain Silent. This well-known right given to us by the Fifth Amendment protects you from self-incrimination. You cannot be forced to testify against yourself at trial and you cannot be forced to talk to police after an arrest or give evidence that could incriminate you. Remaining silent after an arrest is the best way to protect yourself. Do not succumb to pressure to waive this right and do not answer questions about your arrest or what happened..
  2. The Right to Counsel. The Sixth Amendment provides another important protection: the right to counsel. This right provides protection well before the trial. Along with the Fifth Amendment right, your right to counsel protects you from saying anything incriminating because you can choose not to answer the questions until you have spoken to your attorney.
  3. Your “Miranda Rights”. Miranda Rights are also a result of the Fifth Amendment. These rights must be verbally shared with you before you are interrogated. The Miranda Warning that must be shared is:
  • You have the right to remain silent.
  • Anything you say can be used against you.
  • You have the right to an attorney.
  • If you cannot afford an attorney, one will be appointed to you.

Be Sure to Cooperate After an Arrest

Although you do not have to talk to the police after an arrest, there are a few things you are required to share:

  • Identification, when asked.
  • Address, when asked.

Always cooperate during the booking procedures and don’t fight the arrest or you may find yourself facing additional charges in Wisconsin, such as resisting arrest.

Remain calm and polite, but do not answer any questions that could incriminate you, including what you were doing or who you were with. Remember your rights. You can always tell the police you are invoking your right to remain silent and your right to speak with an attorney.

Contact The Eisenberg Law Criminal Defense Attorneys Before You Talk to Police After an Arrest

As soon as you have been arrested, contact the Wisconsin criminal defense attorneys at Eisenberg Law Offices. The longer you wait, the higher the risk of self-incrimination and the more difficult your situation could become. Our attorneys will make sure that correct legal procedures are followed and that your rights are protected from the very beginning of your case.

We offer free consultations to discuss your case, so you have nothing to lose. Call 608-256-8356 or email to speak with a Wisconsin criminal defense attorney.