Miranda rights

What Should I Do After an Arrest?

Published on: January 31, 2024 | On behalf of Arnold & Smith, PLLC

What Should I Do After an Arrest?

If you were arrested for a crime, you may be worried and afraid, especially if this is your first arrest. The legal system can seem daunting, and you may feel completely alone and terrified. You do not want to do anything that could damage your case and cause you further harm. Yet, you want to try to help your case and hopefully get yourself out of hot water. If you have been arrested or detained, you will want to seek guidance from an experienced criminal defense attorney to help you through the process and protect your rights.

Listen to Law Enforcement

What is the Kia Challenge?

Published on: November 22, 2023 | On behalf of Arnold & Smith, PLLC

What is the Kia Challenge?

Social media is a daily way of life for most people. People of all ages use social media on a regular basis. Some social media sites are more popular than others. Among people in their teens and twenties, TikTok is likely one of the most common sources of information online. There are many different challenges online. Some are designed to get donations for good causes, while others are for fun. Some challenges are dangerous and even illegal. The Kia challenge is one that is both dangerous and illegal. It challenges someone to steal a car.

Kia Challenge

Five Ways to Help Win Your Criminal Case

Published on: November 15, 2023 | On behalf of Arnold & Smith, PLLC

Five Ways to Help Win Your Criminal Case

Having criminal charges filed against you can create one of the most stressful situations of your life. Whether you are charged with a serious felony or a minor misdemeanor, the consequences could be serious. If you are found guilty of a crime, you could face penalties that might include fines, community service, jail time, and more. An experienced criminal defense attorney will help you resolve the situation in the best way possible. There are some things you can do to assist your attorney through the process.

Invoke Your Right to Remain Silent

What is the Difference Between Detainment and Arrest?

Published on: November 1, 2023 | On behalf of Arnold & Smith, PLLC

What is the Difference Between Detainment and Arrest?

If you watch any of the reality police shows on television, you may notice that police sometimes place people in handcuffs rather quickly. Sometimes they tell the person that they are not being arrested, but instead are being detained. You may wonder what the difference is and when detainment turns into arrest. You will want to understand in case you find yourself in this particular situation.

What is Detainment?

What are Miranda Rights?

Published on: November 23, 2022 | On behalf of Arnold & Smith, PLLC

What are Miranda Rights?

If you watch crime shows or police reality shows on television, you are probably familiar with law enforcement reading Miranda rights to people before an arrest. The law provides for people to have rights that they can utilize when they encounter members of law enforcement. The law requires police to ensure you understand your constitutional rights by reading them to you at the time of your arrest. If you were arrested, you should speak to a knowledgeable criminal defense attorney as soon as possible.

Establishing Miranda Rights

Should I Make a Statement to Police After My Arrest?

Published on: August 10, 2022 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”

A police arrest can be a traumatic experience. When the police make an arrest, there is often some urgency and sometimes confusion. You may be trying to help your case or do not realize what you said, but you made a statement to the police. Now, you are unsure whether you made a big mistake and how you can help resolve your case favorably. While giving a statement might not be helpful to your criminal case, there may be some things your defense attorney can do to improve the situation.

What are Your Rights After Getting Stopped by the Police?

Published on: June 2, 2021 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?”

One of the many duties of the police is to make routine stops. This, among other reasons, is why an officer can sometimes pull you over. Getting stopped by the police should not be an alarming experience, but sometimes it can escalate into something else.

Things to Look Out for in a DWI Arrest

Published on: November 21, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”

In North Carolina, drivers can be charged with driving while impaired (DWI) if they are under the “influence of an impairing substance,” have a blood alcohol concentration of .08 or more, or are driving with any amount of specific controlled substances in their system. For most people, when they are charged with a DWI, they feel discouraged and like there is no way the situation will end with a positive outcome. Yes, a DWI is a serious offense that law enforcement is adamant about prosecuting it. However, this does not mean that anything that law enforcement does while arresting you or while suspecting you might be impaired is acceptable. Like anyone, law enforcement officers can make mistakes. A mistake by law enforcement could help your case. Police must follow a strict protocol. The following are common mistakes to look out for in a DWI arrest.

Involuntary Commitment Does Not Trigger Miranda, Court Rules

Published on: November 24, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”

To many people, involuntary commitment in a psychiatric facility seems like the equivalent of jail when it comes to restricting your freedoms; for some, it could be considered even worse. However, the majority of the N.C. Court of Appeals feels differently, with a divided panel recently ruling that a man who was involuntarily committed after he tried to kill himself was not in custody for Miranda warning purposes.

“You Have the Right to an Attorney”—Unless Prosecutors Insist You’re Unconscious?

Published on: October 25, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”

The man suspected of planting the bombs on the Jersey Shore and in Manhattan last month is being represented by attorneys for the American Civil Liberties Union (ACLU) after being denied access to a federal public defender.