police questioning

How Do I Invoke My Right to Remain Silent?

Published on: August 5, 2026 | On behalf of Arnold & Smith, PLLC

If you are facing criminal charges, you need to understand your rights. You have rights, and you need to make sure that your rights are not violated. Whether you are being questioned by law enforcement or have already been detained or arrested, you can and should know why and how to invoke your right to remain silent. A knowledgeable criminal defense attorney will be instrumental in assisting you through the process and protecting your rights.

Protections Under the Fifth Amendment

The United States Constitution provides citizens with important rights. These rights are designed to ensure that you are protected from improper prosecution or punishments without being able to protect yourself. The Bill of Rights is detailed in the ten amendments to the Constitution. The Fifth Amendment particularly pertains to those who are accused of a crime. There are several key rights, including that no person “shall be compelled in any criminal case to be a witness against himself.

What Happens if the Police Do Not Read Me My Rights During an Arrest?

Published on: May 18, 2022 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”

Getting detained and arrested by the police can be a traumatic experience. The situation often happens rather quickly and only later do you begin to think about how the incident unfolded. While most people understand that they have constitutional rights, they often forget about them completely when they are under the stress of being detained or questioned by law enforcement. When you watch television crime shows you may notice that when someone is arrested without their rights having been read, the judge might throw the entire case out. Although this happens on fictional programs, it is not what usually occurs in real life.

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.