The amount of time police can detain you without charge varies across states. In Wisconsin, individuals may not be detained for more than 72 hours after they are taken into custody according to state statute 51.15(5). The police arrest you, but only the prosecutor can charge you with a crime. A prosecutor must bring charges within 72 hours; otherwise the court has to release you.
What happens after you have been arrested?
After you are arrested, you will be taken into custody, and your information will be entered into the police station’s system. Then prosecutors consider what charges to bring through pending charges where further questioning and investigation occur to best determine their formal charges. If prosecutors decide to charge you, an arraignment will be set within 72 hours of the suspect’s arrest. An arraignment, which is typically the suspect’s initial appearance in court, is where the suspect appears before a judge and is informed of the criminal charges they face, their right to an attorney, the conditions of their release, and the date of their preliminary hearing or trial. If an arraignment is not set within 72 hours and the suspect is not informed of the criminal charges they face, then they are unlawfully detained and should consider legal action if they have not been notified of a time extension.
The 6th Amendment grants individuals facing criminal charges the right to a “speedy trial” without unreasonable or undue delay and without unconstitutionally detaining someone, leading to states imposing restrictions on the amount of time police may hold individuals in custody without charging them.
Charging Decision
After you have been arrested, prosecutors review your case and decide what charges are appropriate or worth bringing. During this review process, which is also called pending charges, you can only be detained for 72 hours. However, even after you are released, the prosecutor can still bring charges; they just can’t keep you detained. Prosecutors are only limited by the specific statute of limitations for a particular charge in their timeliness to bring charges against you. Additionally, prosecutors are not bound to the initial charges that they bring and might decide to modify, add, or reduce the charges at a later time after acquiring additional evidence.
Legal Steps to Take if Detained Without Charge
It is essential to collect evidence to prove that an individual has been held beyond the legal limit without being charged. Evidence can include the police station’s detention records, which include the individuals in custody and their detainment periods, witness statements, and charge records to challenge the unlawful detention.
An individual may also attempt to informally challenge their detention by raising the issue during the criminal justice process. For example, you may ask the supervising police officer to tell you about the reasons for your detention and inform them of the length of your detention. If you have an interview at the police station, raise the issue that you have not yet been charged with the officer interviewing you or ask a representative to do so on your behalf if you believe there could be a safety risk.
To formally challenge your detention, your attorney may pursue a writ of habeas corpus to compel you to be brought before a court to determine if your detention is lawful or if it has exceeded the allowed 72 hours in Wisconsin.
Hiring a Wisconsin Criminal Attorney
An experienced Wisconsin criminal attorney can help you understand your rights and help reduce your criminal charges. Contact Konstantakis Law Office today.
