A drug arrest might leave you feeling terrified, furious, and confused about what happens next. One minute you’re going about your day. Next thing you know you’re dealing with cops, court dates and major doubts regarding your future. Breathe. It’s not the same as a conviction, you know, an arrest. Your actions after a drug arrest can have consequences for your entire case. If you know what to do early, you can safeguard your rights and give your lawyer a chance to develop a good defense.
First things first Keep Calm
The first step sounds straightforward, yet it’s easy to overlook. Stay cool, don’t argue with the cops. Don’t resist, threaten or fight an officer. Even if you think an arrest is improper, arguing at the scene usually doesn’t fix the problem. Instead it can cause new difficulties. And you don’t have to tell your whole side of things all at once. You have the right to remain silent. Ask for a lawyer. Tell the police you want an attorney. Next, do not discuss the facts of your case until you have received legal guidance. That can be tough. You may have a burning desire to tell what happened. Still, little is more here.
Do not discuss the case with everyone.
Friends and family can question what transpired after an arrest. You can tell trusted folks that you’re involved in a legal case. Pay attention to the subtleties. Sometimes, what you say about your case can bite you in the ass. This includes social posts, texts, phone calls, and chats with potential witnesses. Your lawyer needs the whole story. Some don’t.
Contact a Drug Lawyer Today
Many legal questions can arise with a drug arrest. Was the traffic stop legal? Did the cops have a justification to search? Did you consent? Where were the narcotics recovered? These things matter. An experienced Drug Lawyer can look over the arrest and try to find issues with the prosecution’s case. A lawyer can also tell you what could happen next and what options you have. Early legal help can make a difference. Evidence can vanish. Memories can fade. Court deadlines can approach fast.
Write Down What Happened
You have a fresh memory shortly after an arrest. Play it to your advantage. Write down what you remember as quickly as possible. Add where the arrest happened, what police said, who was there, what happened before and after the search. Don’t try to make your notes sound like legal documents. Just tell what happened in your own words. Later you may remember little details. Your attorney may find these details helpful in reviewing the matter.
Collect Your Legal Documents
Keep any records relating to the arrest. This could be an arrest record, citation, release documents, property receipt, court notification, and bond documentation. All your stuff, in one safe spot. If police give you a court date, note it in your calendar. Missing a court date can mean further headaches. Don’t only trust your memories. Keep the documents available, and set a reminder.
Search?
This is one of the first things that a drug lawyer will look at. Police searches have to be within the law. The rules will vary depending on where the search was made and what triggered the search. The lawyer can inquire whether the police have a warrant, probable cause, consent, or some other legal basis for the search. Example: You’ve got narcotics in your car. The essential question is not just whether drugs were involved. Your lawyer might also want to know why the cops searched the automobile and what transpired before the search. If the search was illegal, your attorney may sue to suppress the evidence in court.
Don’t think the case is over
An arrest can seem like a sentence. It is not. The prosecution has yet to substantiate the charge under the law applicable to your case. The evidence must support the basic elements of the crime. It could be evidence that the material was an illicit narcotic and that you knew you had it. When more than one person has access to a home, vehicle, room or luggage, possession can become a huge problem. Being around drugs doesn’t always settle the legal question.
Drug Testing and Evidence Can Have an Effect
Police might report that a substance was an illicit drug. The prosecution can use lab tests to support that argument. Your lawyer can check how the material was gathered, labeled, stored and tested. Why does this matter? There should be a clear chain of custody for evidence from police collection to the court. Problems with that path might give the defense something to confront. Same goes for police reports, video, photos and witness accounts. All acceptable viewpoints should be applied to an argument.
What’s Coming
Drug charges can be settled in many ways. Some charges are dropped. Some instances are plea bargained down. Others are tired. The probable result depends on the facts, the drug involved, the amount, prior records, and the law of the state where the arrest occurred. Don’t try to compare your case too closely to anyone else’s. Two people who are charged with the same thing can be in completely different legal circumstances.
Finding the Right Legal Help
If you are charged with a crime, you want an experienced and skilled attorney. You also want someone that will take your worries seriously. David Benowitz is a criminal defense lawyer at Platinum Criminal Defense Law Firm in the United States. Mr. Benowitz is AV-rated by Martindale-Hubbell and holds a flawless 10 rating from AVVO. He is also a member of the National College of DUI Defense and faculty member for Harvard Law School’s Trial Advocacy Workshop. The facts are the beginnings of a solid defense. It’s about disputing flimsy evidence. And standing up for your rights.
Get Answers Without Delay
An arrest for a narcotic can disrupt your routine overnight. But an arrest doesn’t determine your destiny. Keep calm. Protect your right to silence. Record your records. Follow your court’s instructions. Most importantly, speak with a knowledgeable lawyer who can analyze your case. You don’t have to solve every legal question on your own.
FAQs
- What to do right when you’re arrested for drugs.
Short answer: Don’t panic, don’t discuss the case, and call a lawyer.
Detail: Do not fight with police or give details of the alleged offense. Request to consult with an attorney. Follow all directions for release or court. Get early legal guidance so you know what your rights are and what to do next.
- Can a drug lawyer contest my arrest search?
Short answer: Yes, a lawyer can find out if the search was legal.
Detail: Police have regulations to follow when they search persons, cars, residences, and other places. Depending on the circumstances, your lawyer may be able to contest evidence that was obtained by an illegal search. Whether such a challenge succeeds will be up to a judge.
- What if the medications were not mine?
Short answer: That could be a crucial aspect of your defense.
Detail: The prosecution must usually show that you knew that you possessed the controlled substance. If other people had access to the same place , your lawyer can look at who owned , controlled or knew about the narcotics .
- Do I have to tell the police everything after my arrest?
Short answer: No. Get a lawyer before you talk about the facts.
Detail: You could think describing everything will make it apparent. Sometimes it can even do the opposite. Statements might be taken out of context or used against you. Tell the police you want a lawyer and allow your lawyer to control the conversation.
- Can I have a drug possession case dismissed?
Short answer: Some drug cases will be dismissed, but there are no guaranties for any lawyer.
Detail: Dismissal is conceivable if the prosecution does not have enough evidence, or there are major legal concerns affecting the case. Issues with the search, a poor proof of possession, challenges with testing and other elements can influence the outcome of the case. The answer depends on the case in question and the law relevant.