FAQ

FAQs

You Have Questions About the Justice System. We Have Answers.

No. You should never speak to the police without a criminal defense attorney present, even if you are innocent. Many people — even those who have done nothing wrong — accidentally incriminate themselves. If the police wish to speak to you, even if you are under arrest or in detention, invoke your right to remain silent until you have a lawyer.
Possibly. Police officers have to read your Miranda Rights only if you are in custody and they are interrogating you. If you are not in police custody, they do not have to read you the warning.
Generally, the police need to obtain a search warrant from a court before they can search your property, including your car, a computer, a backpack, a wallet or a purse. However, there are exceptions. For example, after a traffic stop if you consent to a search or if there is probable cause to search your car, the police can conduct a search without a warrant.
If you are driving a vehicle in Wisconsin, you give your implied consent to a breath test. Refusing to take this test will have penalties, including license revocation. If there is a passenger in your car under the age of 16 and you refuse to take a breath test, the penalty will double.
Expungement is a legal process that can seal your court or arrest records from public view. Although our state’s standards for expungement are very strict, many people do qualify. If you have an arrest, charge or conviction on your record, you may be eligible to apply to have it expunged.