What to Do After Being Arrested on Criminal Charges

An arrest is a major turning point in anyone's life, especially if you're a first-time offender or facing serious allegations such as domestic violence, homicide, or gun crimes. From the beginning, every decision counts.

This guide lays out things you may need to consider if you're arrested in Wisconsin.  Hiring an attorney early on can preserve your rights, protect your reputation, and improve the outcome of any criminal charges.

How You Handle an Arrest Matters

Even before an arrest, what you say and how you act impacts your case. Stay calm and be respectful, but exercise your rights. Do not attempt to explain anything; everything you say can and will be used against you. The best course of action is to invoke your right to remain silent and request a criminal defense attorney. Whether you're arrested for battery, OWI, or a property crime, early legal representation will help you avoid further complications and set your case up for the most success.

What Happens When You Are Arrested

When you're arrested, you'll likely be detained, searched, handcuffed, and then taken to a police station, sheriff's department or jail. These procedures can feel invasive and intimidating, especially for someone getting arrested for the first time. You will then go through booking, which includes fingerprinting, photographing (mugshot), and documenting your arrest charges. Remain cooperative, but remember that you do not have to and should not answer questions beyond providing basic identification information.

Your Rights When Arrested
You have constitutional rights that shield you from self-incrimination and unfair treatment. If you're arrested for any criminal charge, asserting these rights from the beginning is essential. Saying anything, especially without legal guidance, can damage your defense later.

Do Not Speak to Law Enforcement Without a Lawyer

Even if you believe you've been wrongfully arrested, do not try to explain or talk your way out of the situation. Officers may eventually use your words against you, even if you intend to clarify a misunderstanding. Always wait to speak with a criminal defense attorney before making statements. Your lawyer can protect you from inadvertently incriminating yourself, regardless of the reason for your arrest.

Contact Someone You Trust
If you can't call an experienced criminal defense lawyer directly, Contact a trusted friend or family member.  Ask them to search for the best criminal defense attorney in your area. Tell them your location and the nature of your arrest without sharing any specific details about anything else that may have happened.  Finding a knowledgeable criminal defense attorney can make all the difference in the early stages.

Get a Criminal Defense Lawyer Involved Early
Once you've contacted a lawyer, they will start gathering information on your case immediately. An expert criminal defense attorney will work to learn your unique circumstances, ensure you're treated fairly during law enforcement interviews, assist in preparing your defense, and guide you through the process.Your criminal defense lawyer should be present for all questioning and interactions with law enforcement.  Early representation sets the tone for your entire case.

Start Preparing for Bail  
If you're still in custody, you will appear before a judge for a bail hearing.  Your lawyer will work to arrange your release if possible, appearing on your behalf and negotiating and arguing the terms of bail.  Having legal support at this stage is vital, especially for those arrested for domestic violence, OWI, and serious felonies where restrictions or conditions of bond can be extensive. Your criminal defense attorney will argue for reasonable bail terms and work to secure your release.

Understand Terms of Bail

An experienced criminal defense attorney will not only argue for fair terms of bail but will also work with you to ensure that you understand the terms of your bail and expectations for following them.  Bail conditions can include no contact requirements, alcohol and drug testing, geographic restrictions and specific prohibitions like no possession of weapons . Violating these orders can lead to additional arrest charges, so it's crucial to understand and follow them carefully.

What is a No Contact Order?
As a condition of bond, the court may order that you not have any contact with alleged victims, codefendants or other witnesses.  No contact orders can be restrictive and disruptive, preventing you from returning home, seeing your family and preventing you from doing your work.  These orders are serioud and violating them, even unintentionally, can result in serious new charges of Bailjumping.  Your criminal defense lawyer will negotiate and argue not only the amount but the conditions of your bond with the goal of securing your release and minimizing the disruption to your life while the case is pending. 

Avoid Social Media and Public Statements

It may feel natural to want to defend yourself publicly. Don't do it. Social media statements often complicate cases and provide prosecutors with ammunition. Avoid posting anything about your case online, as anything you share about the case can be used as evidence.

This includes all social media - Twitter, Facebook, Instagram, TikTok, Snapchat, or anywhere posts live on the internet. You should also resist the urge to talk about your case in written communication to others whether in texts, emails or any kind of written form.  Assume that anything you say or send could be shown in court and used against you.

Let your criminal defense attorney handle all communications. This minimizes damage to your defense and your personal reputation.

At this point, you may be released or preparing to appear in court. Review all instructions from your criminal defense lawyer and follow them exactly.  

Understand the Charges and Timeline
Make sure to collaborate closely with your criminal defense attorney to understand your specific charges, the details of your arrest, and what evidence will be required for the state to prove their case.  Your lawyer can explain the possible penalties and timeline of court appearances.

Work With Your Attorney to Build a Defense

Regardless of what led to your arrest, your defense begins now. A good criminal defense lawyer will start gathering and reviewing evidence, identifying legal weaknesses, and formulating a strategy for your defense tailored to your specific case. You can help by working with your lawyer to understand the details of your case and preserving any evidence vital to your defense.

Prepare for Court Appearances
Your attorney will help you to prepare for all court appearances.  Stay aware of when and where you're expected to be in court. Your criminal defense attorney will offer advice on what to wear, how to behave, and what to say (or not say).

We act quickly as possible when someone is arrested. Immediate legal intervention can make difference in obtaining bail and bond conditions that are as minimally disruptive as possible.  Our team is ready to step in and protect your rights from the very beginning.

Located in the city of Hudson in St. Croix County, we serve individuals across Wisconsin. Whether you're in a rural county or a major city, our reach and experience ensure consistent legal defense statewide. We know Wisconsin law and how to protect you from the power of the government.

The first hours after being arrested are critical. From the moment you're taken into custody to your first court appearance, your defense can shape the outcome of your case. Staying calm, invoking your rights, and working closely with a skilled attorney are essential steps to building your best defense.

Securing a reliable criminal defense lawyer early on, avoiding self-incrimination, preparing for bail and bond conditions, and protecting your reputation online are all important. With the right legal strategy and immediate action, you can begin building a solid defense and safeguard your future.

Facing criminal charges in Wisconsin? Reach out to Nelson Defense Group for fast, experienced legal support.  Let our team stand with you and help protect your future starting now.