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What Happens if You Fight Against Police When They Try to Arrest You?

By Carlos Gamino

When police arrest people, they expect total cooperation – but what if you don’t give it? Is it ever okay to fight back against the police when they try to arrest you, such as when the arrest is unjustified? This guide explains what will happen if you try to fight against police during an arrest.

What Happens if You Fight Against Police When They Try to Arrest You?

If you fight against police officers when they try to arrest you, they may use force against you in order to subdue you. This could result in serious injuries or even death. In some cases, the police may also charge you with additional crimes, such as assault or resisting arrest. If you are facing charges related to fighting with police, it is important to speak with an experienced criminal defense attorney as soon as possible.

Related: What counts as resisting arrest?

Criminal Charges for Resisting Arrest in Wisconsin 

In Wisconsin, it is a crime to resist or obstruct an officer while they are performing their duties. If you are convicted of this crime, you could face up to 9 months in prison and a fine of up to $10,000.

There are a few things that the prosecution must prove in order for you to be convicted of this crime. First, they must show that you knew that the person was an officer. Second, they must show that you resisted or obstructed the officer while they were performing their duties. If the prosecution can prove these things to the court, you’ll most likely be convicted.

Related: What happens if you run from the cops in Wisconsin?

What Can You Do if You Were Unjustly Arrested in Wisconsin?

If you were unjustly arrested in Wisconsin, you may be able to file a lawsuit against the arresting officer or department. You may also be able to sue for false imprisonment if you were held in custody without probable cause. If you were harmed during the arrest, you may be able to sue for damages.

However, that all comes later period if you know that you’re being unjustly arrested, the best thing you can do is cooperate with police to the best of your ability. Then, get on the phone with your Wisconsin criminal defense attorney immediately. Your attorney may be able to show in court that your arrest was unlawful.

Do You Need to Talk to an Attorney About Resisting Arrest in Wisconsin?

If you’ve been accused of resisting arrest in the state of Wisconsin, our team may be able to help you. Call our office today at 414-383-6700 to schedule your free consultation with an experienced attorney now.

Attorney Carlos Gamino

By |2022-07-19T14:05:13-05:00July 14th, 2022|Criminal Law|Comments Off on What Happens if You Fight Against Police When They Try to Arrest You?
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Do You Have to Answer the Door for the Police?

By Carlos Gamino

Most people aren’t too excited about the police knocking on their doors – but what happens if you ignore them when they come by? Can you go to jail for ignoring the police? This guide explains.

Do You Have to Answer the Door for the Police?

The police can knock on your door all day and you can safely ignore them – unless they have a warrant. When the police have a warrant, you are legally required to answer the door. If you fail to open the door when the police tell you that they have a warrant, you run the risk of them breaking the door down and arresting you.

The Warrant: How it Works

Police can only enter your home without your permission if they have probable cause, there are “exigent circumstances,” or they have a warrant. Exigent circumstances are circumstances in which the police believe that someone inside the home needs emergency aid, they’re in “hot pursuit” of a suspect who’s on the run, or they want to prevent the destruction of evidence. If the police don’t have probable cause and at least one exigent circumstance, they need to get a warrant signed by a judge to gain the right to enter your home.

Related: What to do if you have a warrant out for your arrest in Wisconsin

How Do Police Get a Warrant?

In order to get a warrant, the police need to show a judge that they have a very good reason for wanting to enter your home. The judge has to agree; if the judge doesn’t agree, the police are limited to standing on your front porch and knocking, just like any other citizen would.

Related: What to do if a capias is issued for you

Will You Go to Jail if You Don’t Answer the Door for Police?

You won’t go to jail if you don’t answer when the police knock – it’s not a crime to ignore the police at your door when they don’t have a warrant. They can, however, arrest you for something else.

However, if you don’t answer the door when the police announce that they have a warrant to enter your home, there’s a good chance that they’ll kick in or break down your door. If they believe you’re going to be combative, they may come in aggressively. If you resist the police when they attempt to subdue you, you can be charged with a related crime – and, of course, you can be arrested for whatever crime got the police the warrant in the first place.

Do You Need to Talk to a Lawyer About Police Entering Your Home?

If the police entered your home unlawfully, or if they otherwise violated your rights, you should talk to an attorney. Call our office at 414-383-6700 to schedule a free consultation with an experienced professional now. We’ll give you the legal advice you need to start moving forward.

Attorney Carlos Gamino

By |2022-05-20T20:58:02-05:00April 19th, 2022|Criminal Law|Comments Off on Do You Have to Answer the Door for the Police?
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What Are Your Rights When You’re in Police Custody?

By Attorney Carlos Gamino

For many people, being “in police custody” is confusing. Sometimes it doesn’t feel like an arrest, but you’re not free to leave whenever you’d like – so what’s the deal with police custody, and what rights do you have when the police are preventing you from leaving? This guide explains.

What is Police Custody?

You’re officially in police custody if the police arrest you. However, police don’t always have to come out and say, “You’re under arrest.” For example, let’s say you drive to the police station to voluntarily answer some questions the police want to ask you. Partway through your questioning, you want to leave – but the police tell you that you cannot leave until they’re done asking you questions. Those actions constitute an arrest; the police officer you’re dealing with is telling you that you can’t go anywhere, which means you’re being detained by the police.

What Rights Do You Have in Police Custody?

When you’re in police custody, you have the right:

  • To remain silent. You don’t have to answer any questions. In fact, you shouldn’t answer any questions – anything that you say to the police, even if you’re innocent and just want to clear things up, can (and most likely will) be used against you in court.
  • To make a phone call. You can call your lawyer or someone who can get you a lawyer – but one thing is very important: Do not discuss your situation over the phone with anyone but your attorney. That means if you call your mother from jail, you should only say, “I’m in jail at this location. Can you get me an attorney?” That’s because the police can (and do) listen to phone calls people make from jail – but they can’t listen in on calls between you and your lawyer. One other important note: Don’t speak so loudly that anyone else can hear you. People who overhear you talking can be made to testify in court.
  • To hire an attorney. No matter what you’re accused of doing, or even if you haven’t been officially accused of anything, you have the right to legal guidance from an attorney of your choosing.
  • To have your attorney present with you during questioning. You always have the absolute right to have your lawyer with you any time the police want you to answer questions. Your lawyer can be there with you to preserve your rights (and make sure the police don’t ask you anything they shouldn’t, and that they don’t try to trap you into giving a confession).

Do You Need to Talk to an Attorney About Your Rights in Police Custody?

If you need to speak with an attorney about your rights in police custody, about a specific crime you’ve been accused of committing, or to get representation in a legal matter, we may be able to help you. Call us at 414-383-6700 now for a free consultation with an experienced, knowledgeable and caring attorney.

Carlos Gamino

By |2021-08-08T14:04:03-05:00July 27th, 2021|Criminal Law|Comments Off on What Are Your Rights When You’re in Police Custody?
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What is Probable Cause?

What is Probable Cause - Carlos Gamino

By Carlos Gamino

You’ve most likely heard the term probable cause before, but what does it really mean – and how does it impact your case? Here’s what you need to know.

What is Probable Cause?

Police need to establish probable cause before they make an arrest, search you or your belongings, or get a warrant from a judge. That means police must have a reasonable basis for believing you’re doing something wrong.

How Can Police Establish Probable Cause?

If police can point to evidence that leads them to believe you committed a crime, a court would most likely find that they had probable cause to arrest you. A police officer can’t simply say, “I really feel like this person committed a crime.” A judge will have the final say on whether the evidence that the police had constitutes probable cause.

If police want a search warrant for your home, car or belongings, they’ll have to convince a judge that they have probable cause, too.

Examples of Probable Cause

Check out these examples of probable cause:

1. A police officer observes you swerving between lanes, driving too slowly, and even veering off the road. The officer can pull you over, and if your vehicle smells like marijuana smoke when you roll down the window, the officer has probable cause to search your vehicle and arrest you because it really looks like you’ve been smoking pot and driving (which is illegal).

2. A police officer gets a notification to watch out for a tall, white man in a red hat who’s carrying a black backpack – the person is suspected of robbing a gas station. If you’re a tall, white man wearing a red hat and carrying a black backpack who’s hanging around in the vicinity of the gas station counting money, the officer most likely has probable cause to arrest you.

3. A police officer has taken a statement from a person whose roommate has been collecting materials to make bombs. The person who gave the statement has a few receipts from different stores showing some of the purchases. Although buying the materials separately is not a crime, the police officer can ask a judge – based on the evidence he or she has – to issue a search warrant. The judge may find that based on the evidence, there’s a high likelihood that evidence of a crime will be uncovered; if that happens, that means the judge has determined there is probable cause.

Do You Need to Talk to a Lawyer About Your Rights?

If you believe you were arrested or that police searched you without probable cause, we may be able to help you. Call us at 414-383-6700 to schedule a free consultation today.

Carlos Gamino

By |2021-07-17T10:08:26-05:00November 13th, 2020|Criminal Law|Comments Off on What is Probable Cause?
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