Legal Question in Criminal Law in Wisconsin

Arrest Without Proof of Crime

Yes, it is possible to be arrested without proof of a crime, even though such an arrest may be improper and later thrown out of court. Law enforcement officers are only human and therefore sometimes make mistakes, which can include improper arrest. Only a judge or a jury can make the final decision whether there was probable cause for an arrest or sufficient proof of a crime. Improper arrests will result in a acquittal of dismissal of the charges if the person arrested properly protects his or her rights in court with the services of an experienced criminal attorney. There are also many lawful reasons for arrest without commission of any crime. Examples include detention of material witness to a crime who is likely to flee or otherwise make himself unavailable to testify; witnesses, who can sometimes be taken into protective custody if the authorities believe that they are in immediate danger; quarantine of a person with a contagious disease or detention for mental commitments; and some civil matters, such as failure to cooperate by providing financial information in a collection matter following the entry of a judgment, or contempt of court.