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DWI & CRIMINAL

IF YOU ARE ARRESTED: YOUR FIRST DAY, STEP BY STEP

If you are arrested, stay calm, give your name, say clearly that you want a lawyer and then stop talking. Those four moves protect you more than any explanation you could offer in the moment, however innocent it sounds.

Step by step

  1. Stay calm and follow physical directions

    Arguing or pulling away can add charges and complicate the defense. Comply with instructions and save your objections for court.

  2. Ask for a lawyer in plain words

    Say "I want to speak with a lawyer, and I will not answer questions without one." Then stop. Explaining further tends to undo the request.

  3. Use your phone call carefully

    Calls from detention are usually recorded. Call a lawyer or a family member who can reach one, and keep the call to logistics.

  4. Keep the details to yourself

    Other people in holding are not your friends in a legal sense. Anything said there can reach a prosecutor.

  5. Write it all down once released

    Officer names, the time of the stop, whether you were read your rights and who saw what all fade quickly and can matter a great deal.

The hours right after an arrest are when careful silence does the most good.
Do and do not, at a glance
DoDo not
Give your name and ask for a lawyerExplain, apologize or guess
Keep calls short and practicalDiscuss facts on a recorded line
Note names and times after releasePost about the arrest online

Common questions

Do I have to answer questions if I did nothing wrong?
No. Innocent people are often hurt by trying to explain. Let your lawyer speak for you.
When will I see a judge?
Usually within a day or so for a first appearance, where conditions of release are set.

“Silence is not an admission. It is the most reliable way to keep your options open.”

General information for North Carolina readers, not advice for your situation.

Keep reading

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(QUESTIONS CLIENTS ASK)

Questions clients ask

We talk through what happened, what you want and what the law allows. You leave with a clear next step, a rough sense of timing and cost, and an honest view.

It depends on the work. Many transactional matters are flat fee; disputes and defense are hourly or retainer based. You get the terms in writing first.

Contracts and closings often take weeks. Contested cases can take months. I give you a realistic range at the start and update it as things move.

Often, yes. Many problems cross business, property and estate lines. If something falls outside my practice, I refer you to someone I trust.

Your conversations with me are protected by attorney-client privilege, and files are stored securely with access limited to the people working on your matter.

I will. I do not hand files to junior associates. You have my direct line and a reply within one business day.

ABOUT THE AUTHOR

Graham Thornbury has practiced law in Charlotte for sixteen years across business, property, estate and criminal matters. He writes these guides to answer the questions clients ask most often in a first meeting, in plain language and with North Carolina law in mind. Guides are general information, not advice for a specific situation, and reading one forms no attorney-client bond.

ABOUT GRAHAM
Graham Thornbury, the author

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