Being arrested for drug possession can be a very stressful and frightening time, but it’s essential to know your rights to avoid even worse consequences.
In this article, we’ll provide you with all the information you need to make the process much more bearable, and to help you know what to do in the event of a police arrest.
Likewise, it’s advisable to consult with a drug possession attorney in Houston or another state to address any decisions you may have regarding this matter.
Take note of these important tips if you face an arrest for drug possession:
Keep calm and be silent
It is essential to remain calm and follow the instructions of police officers to prevent violence from developing during the arrest.
You should know that, according to the Fifth Amendment to the United States Constitution, you have the right to remain silent because, as the well-known and popular phrase goes, “any statement you make can be used against you.”
Therefore, during the initial detention, you are not required to answer any questions unless you are in the presence of your defense attorney.
Do not allow searches without a warrant
It is important to know that if an officer requests to search your person, vehicle, or property, in many cases you can refuse unless the officers have a warrant permitting it.
This right is enshrined in the Fourth Amendment to the Constitution, which prohibits unreasonable searches and seizures.
Contact a lawyer immediately
It’s a fundamental step in protecting your rights in the event of a possible police arrest, regardless of the charge against you.
It is essential to seek legal assistance as soon as possible, even before you can explain or justify any situation.
A professional will ensure your safety and also help you understand the charges against you. Of course, after an arrest, they will develop a defense strategy to present in court.
The possible consequences
As a citizen, you should be aware of the consequences you could face if you are arrested for illegal drug possession. This information will obviously be supplemented and detailed by your attorney, depending on the laws of the state where you are located.
For example, in Texas, the consequences of a drug possession conviction can range from significant fines in the mildest cases to several years in prison in the most serious.
Don’t talk about your case
Avoid discussing this with acquaintances, friends, and family. Keeping your mouth shut about this could save you from disappointment, or even prevent someone from using additional information against you during a trial.
If you believe your rights were violated, write down everything you remember, such as police badges or patrol car numbers. If you are injured, seek medical attention and document the injuries.
As detailed by the American Civil Liberties Union, you can file a written complaint with the agency’s internal affairs division or civilian complaint board.
