One of the unique things about living in the United States is the U.S. Constitution. As U.S. citizens, we have many rights that are part of our lives. The Fifth Amendment to the U.S. Constitution are rights that apply to everyone. These rights apply to us, particularly when we have been arrested or charged with a crime. Here are the most common Fifth Amendment rights that typically apply to defendants.
Double Jeopardy Clause
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: “What are the long term effects of being convicted of a crime?”
You’ve heard it a million times before, someone who may be in a bit of hot water says they’re going to “plead the Fifth”. It’s happened most recently with President Trump’s former National Security Adviser Michael Flynn. The Senate Intelligence Committee asked him to come and testify about issues relating to his connections with Russia and it was just revealed that Flynn will be pleading the Fifth, refusing to testify to the Committee or turn over any documents related to the issue. So what exactly does it mean to plead the Fifth and how does it work? To learn more, keep reading.
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.
Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”
On this blog earlier in the year we talked about the FBI trying to force Apple to hack into the San Bernardino shooting suspect’s iPhone to help with the ongoing criminal investigation. Since then the topic of the governments’ rights to access password-protected information has exploded as a conversation piece as other cases have emerged. To date, law enforcement has succeeded in paying hackers to break into the San Bernardino phone and, in another case, jailed a defendant for seven months running for refusing to provide his password to unlock his hard drive in the ongoing criminal investigation against him.
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.
J. Bradley Smith of Arnold & Smith, PLLC answers the question “What happens if I am convicted of a DUI or DWI in Charlotte North Carolina?”
The Kansas Supreme Court issued a decisive and important ruling late last month concerning the state’s implied consent law. Implied consent laws, for those that may be unclear, say that individuals who operate motor vehicles in the state have given their implied consent to submit to a chemical test to determine intoxication in the event they are pulled over by police. States with implied consent laws also criminalize refusal to submit to such chemical tests, meaning the refusal itself serves as the basis for a criminal prosecution.
Charlotte Criminal Lawyer Blog