Possession is a relatively common crime. People make mistakes with prescription medications or acquire drugs that are illegal to own under state statutes. If police officers find drugs on someone’s person, in their vehicle or in their home, that person is likely to experience an immediate arrest.
People facing drug charges often feel anxious and overwhelmed. They aren’t sure what to expect, and they might catastrophize the situation. Inappropriately responding to an arrest can lead to a cascade of complications.
What steps should people take after a drug possession arrest?
1. Ask to speak to a lawyer
People accused of breaking the law have the right to legal representation throughout the criminal justice process, including while they interact with law enforcement professionals. The sooner a person taken into state custody communicates with a criminal defense attorney, the better their chances of avoiding a potentially life-altering criminal conviction. People can assert the right to consult with a lawyer as soon as they realize that an arrest is imminent.
2. Invoke the right to remain silent
The right to remain silent is a critical protection that officers generally need to advise people of before questioning them after an arrest. Some people refuse to answer questions after an arrest. They assume that by remaining silent, they have effectively asserted their right against self-incrimination.
However, it is typically necessary to verbally invoke the right to remain silent. Defendants sometimes attempt to explain the situation to police officers to exonerate themselves. They may unintentionally worsen their circumstances by making statements that the state can use against them during criminal proceedings.
3. Avoid other incriminating statements
Conversations with police officers aren’t the only way for the state to gather evidence in a drug possession case. If defendants in state custody use their phone privileges to communicate with others, the state could monitor and record their conversations. Anything they disclose to others on the phone could potentially provide the state with evidence to use against them in a trial.
Similarly, statements made to other people in state custody could become evidence. Jailhouse informants may exaggerate or simply misremember statements made by others in state custody. Avoiding self-incrimination requires careful control of all communications while in state custody, not just conversations with police officers.
People who make smart choices immediately after an arrest can decrease their likelihood of a future criminal conviction. Making use of basic civil rights can lay the foundation for a successful criminal defense strategy.