What to Do If You’re Arrested in Milwaukee: A Step-by-Step Guide
Jonathan Cattey
Dec 15 2025 14:00
Being arrested is one of the most stressful experiences a person can face. Whether it’s your first interaction with law enforcement or you’ve been through the process before, the uncertainty, fear, and confusion can feel overwhelming. At Levine Law LLC in Milwaukee, we understand the weight of this moment. For three generations, our attorneys have helped people across southeastern Wisconsin navigate the criminal justice system with confidence, clarity, and strong legal protection. This guide breaks down what to expect and what to do if you’re arrested in Milwaukee—so you can protect your rights and make informed decisions.
What Does It Mean to Be Arrested?
An arrest occurs when law enforcement takes you into custody because they believe you committed a crime. This could be based on a warrant, probable cause, or direct observation. Once you are arrested, your freedom is restricted, and you cannot leave on your own. From this moment forward, everything you say or do can impact the outcome of your case.
Common reasons people are arrested in Milwaukee include OWI/DUIs, drug possession, domestic violence allegations, theft, property crimes, violent crimes, and probation violations. But regardless of the charge, the legal process is similar—and your rights remain the same.
Why Understanding the Arrest Process Matters
An arrest has serious consequences that extend far beyond the moment you’re placed in handcuffs. These may include:
- Criminal charges and a permanent record — Even minor offenses can leave a lasting impact.
- Potential jail or prison time
- Fines, fees, and restitution
- Driver’s license suspension(especially for OWI charges)
- Employment challenges, including lost job opportunities or professional licensing issues
- Personal consequences
such as family strain, emotional stress, or reputational harm
Knowing what to do—and what not to do—can significantly improve your outcome. A single mistake, like answering the wrong question or consenting to an unnecessary search, can harm your defense. That’s why guidance matters from the very first moment.
Step-by-Step: What to Do If You’re Arrested in Milwaukee
1. Stay Calm and Don’t Resist
Even if you believe the arrest is unfair, resisting will only make things worse. Additional charges like resisting or obstructing an officer are common in these scenarios and can complicate your case.
Pro Tip:
Keep your hands visible, follow directions, and avoid sudden movements.
2. Invoke Your Right to Remain Silent
You are not required to answer questions beyond basic identifying information (name, date of birth, address). Politely say:
“I am invoking my right to remain silent and would like to speak with a lawyer.”
Once you say this, stop speaking. Police may still attempt to engage you, but you do not have to respond.
3. Do Not Consent to Searches
Officers can search you and the area within your immediate reach after an arrest—but they often ask for additional consent to search vehicles, homes, or personal items.
You can simply say:
“I do not consent to any searches.”
4. Request an Attorney Immediately
Once you ask for a lawyer, questioning should stop. Contacting an experienced Milwaukee criminal defense attorney as early as possible greatly increases your chances of a favorable outcome.
5. Know What Happens at the Police Station
After an arrest, you will likely be transported to a Milwaukee County jail or municipal facility. There, you may be:
- Booked (fingerprints, photos, personal information)
- Placed in a holding cell
- Questioned (you do not need to answer)
- Offered an opportunity to make a phone call
For OWI/DUIs, you may also be asked to submit to chemical testing. Wisconsin's implied consent laws carry penalties for refusing these tests—another reason to ask for an attorney immediately.
6. Appear at Your Initial Court Hearing
In most cases, you’ll have a bail/bond hearing within 48 to 72 hours. This is where a judge decides whether you’ll be released and under what conditions. Having a lawyer at this stage helps prevent high bail amounts or unnecessary restrictions.
7. Follow Your Attorney’s Guidance
Your lawyer will review evidence, communicate with prosecutors, analyze your charges, determine your defenses, and guide you toward the best possible outcome—whether that means negotiation, dismissal, or trial.
Common Examples of Arrest Scenarios in Milwaukee
OWI/Drunk Driving Arrests
Traffic stops can quickly escalate into OWI investigations. Officers may ask about alcohol consumption, request field sobriety tests, or demand a breath sample. Many people accidentally incriminate themselves during these encounters. Staying silent and requesting legal counsel is essential.
Domestic Violence Allegations
In Wisconsin, if police respond to a domestic disturbance, someone is often taken into custody—even if the situation was a misunderstanding or the other party does not wish to press charges. These cases move fast, and no-contact orders may apply immediately.
Drug Possession or Distribution
Marijuana possession, prescription drug misunderstandings, and controlled substance allegations are common. The legality of searches, traffic stops, and evidence handling often plays a major role in these cases.
Property Crimes
Theft, retail theft/shoplifting, burglary, robbery, and vandalism arrests can carry heavy penalties. Surveillance footage, witness statements, and mistaken identity issues frequently arise.
Violent Crime Arrests
Homicide, assault, battery, or weapons-related charges are extremely serious. Early intervention by experienced Milwaukee trial attorneys is critical to protecting your rights.
Issues Clients Often Face After an Arrest
- Fear and confusion about what happens next
- Pressure from police to talk or confess
- Difficulty contacting family or work
- Social stigma or embarrassment
- Uncertainty about bail, conditions of release, and timelines
- Misinformation from friends or social media
These problems are completely normal—and you’re not alone. The right legal team helps eliminate fear and replace it with a clear plan.
How Levine Law LLC Helps During and After an Arrest
At Levine Law LLC, we’re more than legal representatives—we’re protective guides during one of the most difficult moments of your life. Our Milwaukee criminal defense attorneys provide:
- Immediate intervention to stop police questioning
- Strategic guidance from the moment you call us
- Thorough investigation into the arrest, evidence, and police conduct
- Strong advocacy at bail hearings to help you get home quickly
- Experienced courtroom representation for misdemeanors and serious felonies
- Compassionate support
for you and your family throughout the process
From OWI charges to high-profile criminal cases, our team has the experience, courtroom skill, and dedication needed to fight for your future. We’ve spent generations advocating for people throughout southeastern Wisconsin—no matter the charge or complexity.
“Your Freedom Deserves a Fighter”
If you or a loved one has been arrested in Milwaukee, don’t wait. Every minute matters. The sooner our team steps in, the more we can do to protect your rights, your record, and your future.
Call Levine Law LLC today at (414) 271-9585 or visit rlevinelaw.com
to schedule a confidential consultation.
We’re here to listen. We’re here to help. And we’re ready to fight for you.

