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AZHARI LLC BLOG

Feb. 7 2025

What to Do If You Are Arrested for Drug Possession

Posted By: azhari dev
Category:

Being arrested for drug possession is a big deal. One misstep can lead to harsher penalties but knowing what to do can help protect your rights and get a better outcome. Here’s a step-by-step guide on how to handle a drug possession arrest and why you need to hire a drug possession defense lawyer.

Stay Calm and Compliant

An arrest can be stressful but staying calm is key. Panicking or resisting will make things worse.

What to Do

  • Say Nothing: Anything you say can be used against you.
  • Follow Police Instructions: Resisting will get you more charges.
  • Be Respectful: Being aggressive won’t help your case.

Staying calm ensures you don’t accidentally make things worse.

Know Your Rights

Knowing your legal rights can prevent you from making mistakes that can hurt your defense.

Key Rights to Remember

Right What It Means
Right to Remain Silent You do not have to answer questions without a lawyer.
Right to an Attorney You can request a drug possession defense lawyer before speaking.
Protection Against Unlawful Searches Police need a warrant or probable cause to search you.

Knowing these rights can help you avoid self-incrimination and protect yourself.

Don’t Talk About Your Case

Talking about your arrest can be risky especially if what you say is misinterpreted.

Who to Avoid Talking To

  • The Police: They are looking for evidence against you.
  • Other Inmates: Anything you say can be repeated.
  • Friends and Family: Even casual conversations can be used in court.

Only talk to your drug possession defense lawyer about your case to make sure you don’t say something damaging.

Don’t Consent to Searches Without a Warrant

An officer may ask you to consent to search your belongings, but you have the right to refuse.

When Can Police Search Without a Warrant?

  • If They Have Probable Cause: They must have a valid reason.
  • During an Arrest: They can search for weapons or drugs.
  • With Your Consent: Saying yes waives your right to refuse.

Refusing a search doesn’t mean you’re guilty – it means you’re protecting your rights.

Consult a Drug Possession Defense Attorney Immediately

One of the most important things to do after an arrest is to get legal representation.

How a Lawyer Can Help

  • Examine Your Case: Find weaknesses in the prosecution’s case.
  • Challenge Evidence: Question the legality of the search and arrest.
  • Negotiate for Lesser Charges: A good drug possession defense lawyer may be able to get you lower charges.

Having an attorney means you get expert legal advice and the best defense possible.

Understand the Charges Against You

Drug possession charges vary and knowing what you’re up against is key.

Common Drug Possession Charges

Charge Possible Penalties
Misdemeanor Possession Fines, probation, community service
Felony Possession Prison time, larger fines, criminal record
Possession With Intent Harsher penalties, potential mandatory sentences

A lawyer can help you understand your charges and potential defenses.

Don’t Post on Social Media

Social media posts can be used against you.

Risks of Posting Online

  • Prosecutors Can Use Your Words Against You: Even innocent posts can be misinterpreted.
  • Friends May Share Information: Someone could accidentally harm your case.
  • Deleting Posts May Backfire: It could be seen as destroying evidence.

Stay off social media until your case is resolved.

Explore Defenses

Depending on your case different defenses may apply.

Common Drug Possession Defenses

  • Illegal Search and Seizure: If evidence was obtained illegally it may be thrown out.
  • Lack of Possession: If drugs were found near you but weren’t yours you can argue you had no control over them.
  • Entrapment: If law enforcement pressured you into committing a crime it could be a defense.

A good drug possession defense lawyer will determine the best defense strategy for you.

Go to All Court Hearings

Missing court dates can have serious consequences.

Consequences of Missing a Court Date

  • Additional Charges: Failing to appear can get you a warrant for your arrest.
  • Loss of Bail: You may have to stay in custody until trial.
  • Harsher Sentencing: Judges may see non-compliance as a lack of responsibility.

Attending every court hearing shows you’re responsible and serious about your case.

Look into Rehabilitation Programs

In some cases, the courts offer alternatives to jail time.

Your Options

  • Drug Treatment Programs: Courts offer treatment instead of jail.
  • Probation Instead of Jail: Follow the rules and you can avoid prison.
  • Expungement Eligible: Complete the program and get your record cleared.

A lawyer can negotiate for these if they apply to your case.

Contact Azhari LLC If You Have Been Arrested for Possession of Drugs

If you or someone you know has been arrested or charged with drug possession or related drug crimes, don’t go it alone. Contact a drug possession defense lawyer at Azhari LLC today to discuss your choices.

Frequently Asked Questions

1. Should I talk to the police if I’m innocent?

No. Even if you think you’re innocent anything you say can be used against you. Always speak to a lawyer first.

2. Can drug possession charges be dropped?

Yes, if the evidence was obtained illegally or there’s not enough evidence, charges can be dismissed.

3. Will a drug possession charge stay on my record forever?

Maybe. Some charges can be expunged after rehab or probation.

4. What if I can’t afford a lawyer?

You may be eligible for a public defender but a private drug possession defense lawyer will give you more personal attention.

5. How long does a drug possession case take?

It varies. Some are resolved in months, others take longer especially if it goes to trial.