Miranda Warning

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.