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?
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.
Charlotte DWI Lawyer Brad Smith answers the question: “What steps should I be taking outside legal guidance to help my DWI case?”
Driving while impaired, DWI, is also known as drunk driving. Driving while impaired simply means operating a motor vehicle while you have a diminished or loss of capacity. Impairment is most often due to alcohol intoxication, but it may also include impairment due to illegal drugs or prescription medications. DWI is a serious offense and if found guilty, you could face numerous penalties that may harm you and your family for many years to come. If you were charged with DWI you will want to fight the charges with help from a qualified DWI attorney in North Carolina.
Charlotte DWI Lawyer Brad Smith answers the question: “Are breath test results always accurate?”
Police commonly use breathalyzer tests to determine whether a driver is impaired. In North Carolina, the legal alcohol limit is 0.08% blood alcohol concentration (BAC). If you are found to have a BAC higher than 0.08% you could be arrested and charged with driving while impaired (DWI). It is helpful to understand breathalyzer tests so you know your rights if you get stopped by law enforcement.
Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”
Manslaughter charges occur when someone dies due to the negligence of someone else. If you are charged with manslaughter you are facing severe consequences if you are found guilty. Manslaughter is different from murder because of the state of mind of the defendant at the time of commission of the crime. Murder shows intent, malice, or aforethought or extreme disregard for human life. When a person is killed without specific intent to murder, the likely charge will be manslaughter. Because manslaughter charges are considered serious, you will want to fight the case with help from an experienced criminal defense attorney in North Carolina.
Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”
Some people assume that you can be charged with driving while intoxicated (DWI) only when you are impaired by alcohol. In reality, however, you can be arrested for operating a vehicle while impaired by marijuana or any other impairing substance (N.C.G.S. § 20-138.1).
Charlotte Criminal Lawyer Brad Smith answers the question: “When can I post on Social media about my ongoing case?”
The vast majority of American adults use at least one social media platform every single day. However, did you know that your social media use could potentially be used against you in a criminal case?
Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”
Several cities in North Carolina enacted a curfew in response to protests over the killing of George Floyd. In Charlotte, 30 people were arrested during the second night of protests, according to WBTV.
Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”
Arrests of anti-abortion protesters in multiple North Carolina cities, including Charlotte, made national headlines, prompting many high-profile politicians to accuse the police of violating the arrested protesters’ constitutional rights.
Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”
U.S. Department of Justice warned that those who intentionally spread coronavirus (COVID-19) would be charged with terrorism. A CNN report cited a DOJ memorandum that warned individuals against purposefully spreading COVID-19. A person could be charged with terrorism for coughing on other people or groceries or for other forms of the “purposeful exposure and infection of others,” the memo, which was sent to federal law enforcement agencies and attorneys.
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