Drug possession can be a serious offense depending on the drug that you are arrested for. Marijuana tends to have lesser penalties than other drugs and in some states, marijuana is legal. Even personal possession of cocaine or heroin is a felony charge across the country except in Oregon. There are cases that happen frequently when a rideshare driver is caught with drugs that are dropped in their car. You could be borrowing a car but as long as you are in possession of it, you are in constructive possession of the narcotics in the car. The following are tips on how to deal with being arrested for drug possession.
Don’t Say Anything
The job of the police officer that is arresting you is to try to get as much evidence as possible to have you convicted. The officer can say things that are not true in order to get you to admit the drugs are yours. Invoke your right to remain silent as people do not simply talk their way out of felony drug possession. Tickets are given for certain narcotics like marijuana as it is seen as a civil offense in some states. You do not want to have anything you say to be construed as an admission of guilt. This will make the prosecutor’s job far easier than if you refuse to say anything.
Call A Lawyer Immediately When Released
Calling a criminal defense attorney is going to be the first thing you should do when released from jail on bond. This could be as little as a few hours after your arrest and you are booked into jail. Felony cases will have to wait to see the judge for a period of time before bail is set. The right attorney will have worked a plethora of drug cases and will know the system well.
retrial diversion programs can allow you to complete a substance abuse program to have your charges dropped. The fact is that if this is not the first time you have been arrested for possession then you likely will not have this opportunity. Failure to complete the program will lead to the charges being brought against you and the potential for a trial. A judge is not going to be quite as friendly during sentencing if you were given a great opportunity only to fail by not showing up or failing drug tests.
Details like if the police had the right to search your property can be brought up in court. There are searches that are done unconstitutionally by police that do not value the rights of citizens. The top lawyers are going to be quite good at looking at a case and seeing the holes the prosecutor has in their argument.
Being arrested can be a stressful event but it is important to protect yourself. Your attorney will allow you to know the process that you will be going through. The relief of stress that this can provide is immense.