Legal Question in Criminal Law in Wisconsin

Miranda Rights--Arrest for Refusal to Answer Officer's Questions

Response: If you are asking whether it is possible for an officer to arrest you after you refuse to answer his questions, the answer is definitely "yes." Furthermore, he could also arrest you even if you did answer his questions; if there is probable cause to believe that you committed a crime. In fact, officers are legally empowered to lie and offer bad advice in order to encourage suspects to talk to them. However, statements made under coercive circumstances (or in violation of fifth amendment rights) can sometimes be suppressed by a judge if your attorney properly raises the issue before trial or guilty plea. Although officers may try to honor conditional they make, such promises are never enforceable unless they are first approved in writing by the District Attorney or other Chief Prosecutor who might handle your prosecution. The term "Miranda Rights" generally refers to one's right under the fifth amendment of the U.S. Constitution to remain silent (and not have such silence used as evidence of guilt), together with an explanation of such rights to the suspect by an officer prior to a custodial interrogation. This does not, however, mean that the suspect who decides not to talk cannot be arrested based upon other evidence of guilt (regardless of what is promised by the officer). You need to consult with an experienced criminal attorney on these matters as soon as possible.