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"Often times, the results depend entirely upon timing and how early we are brought into the case," said Attorney Tracey Wood, "and whether charges have been filed." "It is not uncommon for a person to refuse to comment on charges," Wood stated, and Chris Van Wagner said, "It is a lmost always in our client's best interest for us to talk to the press on their behalf."

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Wisconsin Arrest Without Warrant

An arrest warrant gives police permission to arrest the person named in the warrant. An arrest can be made without a warrant. An arrest without a warrant is lawful under certain circumstances, and unlawful absent other such as just cause; however, there are exceptions to those rules.

Generally speaking, the police can make an arrest without a warrant if:

  • the police observe the person attempting or committing a crime, or
  • a reliable informant provides reasonably sound information to the police regarding a felony crime and the person who committed that crime, and if time permits, the police verify the information, or if time does not allow, the police should be reasonably certain that the information is valid, or
  • the time lost in obtaining a warrant would permit the perpetrator to escape or evidence to be lost, and
  • the officer has probable cause for an arrest.
  • See also Arizona vs. Gant

An arrest without a warrant can also be made where a valid search occurred which revealed evidence that lead to the arrest. As well, evidence observed, or in "plain view", can substantiate probable cause for an arrest, however, there are exceptions to what constitutes "plain view", and most of those exceptions regard the fourteenth amendment right to reasonable expectation of privacy. For example, a person's right to expect privacy is personal, so the person may be at any place and have a right to expect privacy so long as the "place" is not of such a nature that reasonable people would not expect privacy.

Another common means by which police make lawful arrests without warrants is in an emergency situation. If the situation is such that the suspected offender or evidence will be lost, and the police have probably cause to make an arrest, an arrest may be lawful even absent a warrant.

Note that warrants are presumably issued on evidence that established a connection between a known crime and the person named in the warrant. A judge (usually a magistrate judge) reasonably believed that the evidence presented to him established that a crime had been committed and that the person named in the warrant either committed the crime or was a party to the crime.

If you believe that your rights have been violated, please call ( in Madison, or statewide ) the law offices of Van Wagner & Wood right away to speak with an attorney regarding your rights and the possible unlawful violation of your rights. An attorney at Van Wagner & Wood will give you a straightforward honest answer and a first-impression analysis of your case so that you may make the critical decisions about your defense.

Arrested In Wisconsin | Arrests With Warrants
Wisconsin Criminal Defense Attorneys

Wisconsin Criminal Defense Attorneys

Van Wagner & Wood is located at One North Pinckney Street, Suite 701, Madison, Wisconsin. Attorney Chris Van Wagner & Attorney Tracey Wood devote themselves exclusively to defending people charged with a criminal offense or drunk driving, and people already convicted for a crime who people their conviction or sentence were wrong.

Van Wagner & Wood's office is in close proximity to the US Courthouse, US Supreme Court, Dane County Courthouse, Madison Municipal Courthouse, District IV, 5th Circuit Court.

The criminal defense lawyers at Van Wagner & Wood provide free initial consultations to anyone charged with, arrested for, or convicted of a crime or drunk driving.

Van Wagner & Wood's attorneys represent people charged with a felony crime or felony drunk driving, a misdemeanor crime, and drunk driving. Attorneys Chris Van Wagner & Tracey Wood represent people who have been arrested in Wisconsin with a warrant or without a warrant, people already convicted of a crime on direct appeal to the Wisconsin Court of Appeals or the United States US Court of Appeals or post conviction challenges. Those attorneys provide expert, straight-forward advise that you can trust. Their winning criminal trial record often results in very favorable plea bargains being offered to their clients.

Van Wagner & Wood's criminal defense attorneys defend people charged with homicide, intentional homicide, murder, negligent homicide, reckless homicide, vehicular homicide, and homicide with a dangerous weapon, as well as kidnapping, sexual assault (rape), drug crimes of possession, manufacturing, intent to sell or distribute, fraud, theft, battery, and lesser crimes such as disorderly conduct.

Wisconsin Courts most often frequented by Attorney Chris Van Wagner & Attorney Tracey Wood are Dane County Courts, Sauk County Court, Richland County Court, Green County Court, Eau Claire County Court, Rock County Court, Waukesha County Court, Marathon County Court, and La Crosse County Court, as well as Marquette, Columbus, Jefferson, Portage, Adams, Crawford, Iowa, Grant, Lafayette, Walworth, Juneau, and Vernon counties. They have also handled cases in Brown County.