Articles Tagged with how to handle police questions

2013 Best Lawyer In Charlotte winner Brad Smith of Arnold & Smith, PLLC answers the question “Do I need to hire an attorney if I have been falsely accused?”

An old client of mine called me yesterday to report some exciting news: the truth was setting him free. He had been accused of a crime. The police called him and asked him to talk. He did, then he called me.

Man hit by car Charlotte DUI Lawyer Mecklenburg County North Carolina DWI AttorneyI told him the last thing he should do is talk to the police. When they called asking him to take a lie-detector test, he told them he would exercise his 5th Amendment right to remain silent. Good for him.

A few days later, a police officer called to tell him the prosecutor didn’t think there was enough evidence to charge him.

“It’s not over,” I told him. “Just because they don’t have enough evidence now doesn’t mean they won’t gather more evidence and charge you later,” I said. I repeated the ages-old advice from criminal lawyers to clients: Silence is golden.

Many clients of mine – and most people in general – fail to grasp the complexity inherent in how and why people are charged with crimes. In some cases, it seems like the government is in a rush to hold someone accountable for a crime, while in other cases the plodding, methodical conduct of law enforcement and prosecutors drives a justice-hungry public crazy.

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