arrested on drug charges

What to Do When Arrested on Drug Charges

When arrested by the police, do not answer any questions beyond providing your name and ID

Police may try to intimidate you to get you to make a statement. You are not legally required to and should not answer any questions.   A prosecutor’s best evidence is your own admissions.  This is why invoking (your Miranda rights) your right to silence and your right to an attorney is so critical. 

They mean it: what you say can and will be used against you.  So don’t give it to them.  We always recommend remaining calm, polite, and respectful, no matter how rude or inappropriate an officer may behave towards you.  These days, body-worn cameras and cell phones capture a lot.  Don’t make yourself appear to be the bad guy.

Do not resist being searched

Once arrested, police have the authority to perform searches of varying degrees and levels of intrusion depending on the facts. If you have been placed under arrest, do not resist the search.  This may subject you to further criminal sanctions and even physical harm.

If you are taken to jail, do not talk to anyone except your lawyer

Officers and inmates may act as informants to law enforcement. Conversations with friends, family, or other inmates regarding the facts of your case can be used against you by the government.  Try to stay under the radar and don’t talk about your case.

Jail calls and visits are recorded, so don’t discuss your case

Even calls from the jail to your lawyer are oftentimes recorded and are not protected by the attorney-client privilege.  You should never talk about your case over the phone to anyone.  You should also refrain from speaking about your case during personal visitations.  A good prosecutor can and will listen to your calls and meetings to see if he can find incriminating statements to use against you.

Understand what you are charged with

It is important to understand the nature of your charges. Drug violations vary in their kind and severity, particularly between federal and state courts.

You can challenge the actions of the police 

To do so, you should collect the names and addresses of any witnesses to the offense and provide a written record containing all the information about the incident you can remember.  If you have a phone with video capability, try to record the incident.  Additionally, if you were injured by the police, you should immediately take photographs or videos of the injuries and seek medical treatment as soon as possible.  Ask for releases and medical records from your treating doctors and bring them to your attorney consultation as soon as you are able.  

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