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If you've been arrested in Charlotte, NC, your actions in the hours and days following your arrest can significantly impact the outcome of your criminal case. At Browning & Long, PLLC, our experienced Charlotte criminal defense lawyers are here to protect your rights and mount an aggressive defense strategy to fight the charges you face. Here, we guide you through the critical steps you should take after an arrest, helping you avoid common missteps that could jeopardize your defense.
Step #1: Know and Exercise Your Immediate Rights
When you're arrested in Charlotte, NC, it's crucial to understand your fundamental constitutional rights. Here are two essential rights to know and assert:
- The right to remain silent. You're not required to answer questions from law enforcement beyond providing your name and basic identifying information. Politely invoke your right to remain silent until you have an attorney present.
- The right to an attorney. You have the right to legal representation at all stages of the criminal process. Clearly state that you want to speak with a lawyer before answering any questions or providing a statement. The police cannot question you without your attorney being present once you invoke this right.
These rights, known as your Miranda rights, are designed to protect you from self-incrimination. Exercising them is not an admission of guilt but a crucial way to protect your interests.
Step #2: Avoid Self-Incrimination During Questioning If You’re Arrested in Charlotte, NC
Law enforcement officers are trained to elicit information that can be used against you. Even if you believe you have nothing to hide or are being falsely accused of a crime, you should not speak to the police without our skilled criminal defense lawyers present if you’ve been arrested in Charlotte, NC.
Answering questions without an attorney present can be risky. Anything you say can be used against you in court. Seemingly innocent statements can be taken out of context or misinterpreted. For example, trying to explain your side of the story might be seen as an attempt to justify criminal behavior. Insisting you "didn't do anything wrong" could be viewed as consciousness of guilt.
Remember, you can always choose to speak with officers later with our lawyers’ guidance. Politely decline to answer questions, even if pressured, until you've consulted with our attorneys.
Step #3: Don’t Discuss Your Criminal Case With Others
After an arrest in Charlotte, NC, be mindful of your communication with others. Avoid discussing your case with anyone other than our criminal defense lawyers, as statements made to friends, family, or cellmates could be used as evidence against you.
Also, be cautious with phone calls from jail, as these conversations are typically monitored and recorded. Stick to essential topics and avoid discussing your alleged offense or arrest circumstances.
Finally, resist the urge to post about your situation on social media. The police and prosecutor could search your social media accounts while your criminal case is being resolved. Even seemingly harmless posts could be misconstrued and used to undermine your defense. Let our criminal defense lawyers take over all communication about your case.
Step #4: Understand the Road Ahead
The criminal justice process can be confusing, but understanding what to expect in your criminal case can help alleviate some stress. After an arrest, you'll typically go through booking and an initial bail hearing. If you cannot post bail, our attorneys can work to reduce the amount or secure your release through other means.
Next, you'll have an arraignment where formal charges are read and you enter an initial plea. Our criminal defense lawyers will use this time to assess the prosecution's evidence and build your defense. In the following weeks or months, we’ll engage in discovery, negotiations, and pretrial motions as your case progresses.
While the process may feel overwhelming, remember that you don't have to face it alone. The criminal defense lawyers at Browning & Long, PLLC are here to provide the skilled representation and personal attention you need during this challenging time.
Step #5: Retain Experienced Legal Representation
Hiring our knowledgeable Charlotte criminal defense lawyers is one of the most important steps you can take right after your arrest. Here are some ways we’ll assist you:
- Protect your rights. Our attorneys will ensure that law enforcement respects your rights and doesn't use unlawful tactics during questioning or evidence gathering.
- Investigate your case. A thorough investigation is crucial to building a strong defense. Our legal team will review the evidence, interview witnesses, and identify weaknesses in the prosecution's case. We’ll also hire expert witnesses to help with your defense if necessary.
- Negotiate with prosecutors. In some cases, our lawyers may be able to negotiate a plea deal that reduces your charges or penalties. We’re former prosecutors who know how to leverage the facts of your case to achieve the best possible outcome.
- Develop a tailored defense strategy. Every case is unique. Whether you're facing DUI, reckless driving, or felony charges, our lawyers will craft a defense strategy tailored to your criminal case's specific facts and legal issues. We’ll fight hard to get the charges dismissed or reduced to a less serious offense with less harsh penalties.
