Miranda Warning

Arrest Warrants

Published on: August 28, 2024 | On behalf of Arnold & Smith, PLLC

Arrest Warrants

Thousands of people in North Carolina face arrest warrants each year. If you have a warrant out for your arrest, you could be sent to jail at almost any time. Sometimes, you may not even realize that you have an active warrant. Getting arrested can be distressing and embarrassing, especially if it happens in front of others or while you are at work. It is helpful to understand the types of arrest warrants in North Carolina and how you should handle the situation if it happens to you.

What is an Arrest Warrant?

How Can I Get an Expungement in North Carolina?

Published on: August 21, 2024 | On behalf of Arnold & Smith, PLLC

How Can I Get an Expungement in North Carolina?

Having a criminal record can wreak havoc on all aspects of your life. When you are convicted of a crime, whether a misdemeanor or felony, you will have a criminal record that will remain forever. Your record will also show that you were charged with a crime. There are some types of crimes that are eligible for sealing or expungement. If you have a criminal conviction on your record, you may want to speak to a knowledgeable criminal defense attorney to learn whether you may be able to get an expungement.

https://youtu.be/lMcGLBliR40?si=gmXgSzH3592ahltf

Understanding the Castle Doctrine (Stand Your Ground)

Published on: August 14, 2024 | On behalf of Arnold & Smith, PLLC

Understanding the Castle Doctrine (Stand Your Ground)

You are sitting on your back patio when you suddenly see someone you do not know making their way onto your property. The stranger is getting closer and is heading towards your side door with the possible intent of breaking inside. Do you have the right to defend against the intruder? The Castle Doctrine may allow you to take action, but it is best to understand how the doctrine works and what you are able to do to defend yourself, your family, and your property.

What is the Castle Doctrine?

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 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 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.

What are My Rights When Stopped by Police in North Carolina?

Published on: November 17, 2021 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”

One minute you are driving along without a care in the world and the next you are getting pulled over by the police. A police encounter can happen in an instant, so it is important to know and understand your rights. While you do not want to disobey law enforcement, you do need to know what you can and should do if you get stopped by police in North Carolina. It is helpful to remember that every situation is different and has a unique set of circumstances, so there is no simple advice that applies to every police encounter. Keep in mind that a North Carolina criminal defense attorney can assist you with every aspect of your case if you face arrest or charges.

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.

2016 Marks 50th Anniversary of Miranda v. Arizona

Published on: April 28, 2016 | On behalf of Arnold & Smith, PLLC

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

“You have the right to remain silent…”, a phrase that almost all of us know, but few truly understand. The words are part of what has become known as a Miranda Warning or Miranda Rights. The Miranda Warning started 50 years ago in June and, in that time, has become deeply imbedded not only in criminal law, but in popular culture. Given the upcoming anniversary, now is a good time to spend a moment diving a bit deeper and learn what the Miranda Rights are and how they came to be.