Thanks to television, movies, and pop culture in general, you probably know that if you are ever arrested on suspicion of having committed a crime, you have the right to remain silent. But do you know why you have this right or why arrestees are reminded that they have it? If you are not 100% sure, you are almost certainly not alone. Many misconceptions and misunderstandings exist about the series of statements that are commonly referred to as a criminal defendant’s “Miranda rights.”

What Are the Miranda Rights?

We have all seen it on TV: A suspect is arrested and read their Miranda rights. However, it is more accurate to call them Miranda “warnings” or “reminders.” The specific wording may vary slightly, but reading a suspect their rights involves four distinct statements and one question.

The four statements are a reminder that:

If you have ever been arrested and charged with a crime, you probably know that there is a great deal of uncertainty that goes along with facing the Wisconsin criminal justice system. Each case is unique, as it is dependent on the specific circumstances of a given situation, but many cases tend to follow at least some similar patterns.

Starting with your initial charges, your criminal defense lawyer will develop a strategy for defending you, which might include going to trial or negotiating a plea deal. If you are found guilty or plead guilty in accordance with your plea agreement, the judge overseeing your case must decide on a sentence. Certain circumstantial factors could put you at risk for more serious penalties, and it is helpful to know what they are.

Potential Aggravating Factors

Upon a plea or finding of guilt, your case moves into the sentencing phase, during which the judge will go back and review the entirety of the situation. The judge will look at many things, including whether or not there were elements present that warrant harsher criminal penalties. Some of these elements might apply to just about any criminal offense in Wisconsin, such as concealing your identity while committing the offense. Other elements will only be aggravating factors for certain crimes, such as committing a sex crime knowing that you are HIV-positive.

Even if you have never had it happen to you, you probably have a pretty good idea about what it might feel like to be pulled over after having a few drinks. You see the flashing lights in your mirror, and your stomach drops. By the time the officer gets to your window, the nerves have probably started, but you want everything to go smoothly so you can get home without incident.

As you expect, the officer asks whether you have been drinking. You acknowledge that you did have a couple earlier in the night. Then, the officer asks you to take a breath test. Do you have the right to refuse?

What the Law Says

Under the law in Wisconsin, you give your “implied consent” to chemical testing for blood-alcohol concentration (BAC) by driving your vehicle on the highways and streets of the state. Specifically, you consent to such testing when requested by the officer in certain situations or when required by law.

Smartphones have affected virtually every aspect of life in today’s increasingly connected world. It is easier than ever before to snap a quick photo and send it to family members, friends, and even potential romantic interests. When the photo is sexual in nature, however, and the person in the picture is legally a minor child, the individual who took the photo—and anyone who possesses it—could face criminal prosecution. Sometimes referred to as “sexting,” exchanging explicit photos might seem like no big deal for teens today, but this behavior can lead to extremely serious charges and criminal penalties.

Naked Photos Could Lead to Severe Consequences for Teens

Under Wisconsin law, it is illegal for anyone to create sexually explicit images—including taking nude photos—of any person under the age of 18. It is also against the law to possess such images or to distribute such images to anyone else.

There is a common misconception about this law, as many Wisconsin residents assume that taking and sharing nude pictures is only against the law if one of the parties is an adult and the other is a minor child. This is not the case. The state’s laws regarding the sexual exploitation of a child prohibit the behavior by both minors and adults.

The way that certain words are used is perhaps the most confusing part of the law and the legal system at large. Often, a word’s legal definition is much different from the meaning it has in everyday use. This occurs because, in any legal application, words must be defined in a manner that can be clearly understood in a particular jurisdiction. Without intentionally and carefully defined terms, there would be a great deal of confusion among judges, lawyers, juries, law enforcement, and criminal defendants.

One of the clearest examples of a word being used differently in the law versus in casual conversation can be found in the word “assault.” You might be surprised to learn what the legal meaning of the word actually is—at least according to Wisconsin law.

What is the Legal Definition of Assault?

When you are involved in everyday conversation and you refer to an assault, you probably mean that an entity—a person, a gang, or even a military group—attacked another entity and inflicted violence. “That dude assaulted the girl before he ran off.” “The tactical operations team conducted a midnight assault on the suspected drug house.” Most of the time, people understand exactly what you mean.