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The criminal process for an individual often begins with the individual having an encounter with a law enforcement officer (although it can often begin with an investigation) during which the individual is either arrested or cited.
An arrest or citation occurs when an officer has probable cause [1] to believe that a violation of law has occurred, or is occurring, and the individual arrested or cited is the person violating the law.
A person can be cited for any violation of the law although the issuance of citations is usually done for infractions and less serious misdemeanors.
If an officer handcuffs you but, tells you that you are not under arrest but being handcuffed for “everyone’s safety,” do not start resisting, complaining, or otherwise making it harder on anyone. Courts have generally held in North Carolina that this is permissible and is not considered to be “in custody[2] whether it sits right with you and me or not. At that point, however, you do need to be still, calm, and shut down to any further speech unless it is your name, address, or date of birth. The officer has not placed you under arrest and anything you say will be admissible at this point in most scenarios in North Carolina.
If a citation was issued, you need not post any bond or see a magistrate. If, however, you were arrested p,you will be taken to jail. Do not act out on the ride to jail. Do not speak on the way to jail. Remain silent and comply with any demands or orders that the officer makes. Your time for fighting has not begun yet. When you get the attorneys at Remington Locker Law Firm involved, we will fight alongside you. Read Pretrial for more information about what's next.
[1]“Probable cause is a very specific legal term which is constantly evolving in the law and is a term which is often interpreted differently by different courts. Currently, courts apply a “totality of the circumstances” standard and can often apply it very differently.”
[2]Many think that their Miranda rights (right to remain silent, etc.) must be read to them or their statements are inadmissible in court. This only occurs after you have been placed under arrest or it is otherwise determined by the court that you were in the custody of law enforcement.