Advice on your legal defense when arrested for drug possession Free consultation in my office. Freehold, NJ request to speak to your attorney.
Any drug-related arrest can be serious, especially if an accusation is made of driving under the influence of drugs. Possession of perfectly legal prescription drugs like painkillers, anti-anxiety medications, and sleep aids can be illegal if they are not prescribed by a doctor for you specifically. Taking such medications, even properly prescribed, can be problematic if a police officer thinks that your driving has been impaired by them, and can result in you being charged with a crime.
While simple first time marijuana possession may not by itself be too serious, if found on you or in your car while driving or parked with the keys in the ignition, a marijuana-based driving offense is quite serious. Here is some helpful expert advice.
- remain calm
- invoke your absolute 5th Amendment right to remain silent
- demand to speak with an attorney
- request to call a family member or friend
- understand driving while impaired by drug laws
- try to talk your way out of it
- offer to cooperate against others
- automatically reject a drug test if arrested for driving while impaired by drugs
Remaining calm while being arrested is sometimes easier said than done. Calm decision-making is essential at such a time. An arrest can be highly upsetting and can lead to fear, guilt,self-loathing, depression, and a feeling of defeat. Resist such feelings, remain calm, and insist on respect for your legal rights.
It is remarkable how many people arrested for possession of drugs or for driving under the influence of drugs make things worse for themselves because they cannot keep their mouths shut. There is no law which requires one to confess to a crime. It is not illegal to refuse to talk to the police or answer police questions. In fact, all people have an absolute right to remain silent. This right exists for a reason. Exercise it. Stop talking.
Use it or lose it. You have a right to have an attorney advise you about what to do, whether you can afford one or not. You must specifically articulate your desire to invoke your right for it to be meaningful. Demand to speak with one. It is always a good idea to know a lawyer who can be called in the event of such a need and to carry or memorize his or her number.
If you don’t demand to speak with a lawyer, the government will argue that you have no such right because you failed to invoke it. Do not wait for the police to read you your Miranda warnings. They too often fail to give them as they should and are allowed to use trickery to try to get you to confess. If you are 100 percent innocent, it is slightly less worrisome to speak with the police, but still much better to speak to a lawyer before asserting your innocence.
Always request to telephone a family member or friend to inform them that you have been arrested, are in custody, and need help with a lawyer and bail. While you may not be guaranteed such an opportunity, many police agencies will permit it.
Assume the call is being recorded or eavesdropped upon and never say anything incriminating like, “Dad, I only had one six pack and smoked a single fatty, I swear”. It can and will be used to strengthen the case against you. The sooner a lawyer is in the picture, the better.
If you are pulled over, you must produce your license, registration, and proof of insurance upon request. You need not engage in a chat or answer any other questions including about whether you have consumed alcohol or have taken any medication or illegal drugs. Admissions of guilt at this stage never help you. They strengthen the government’s case. Every time.
You need not reveal from where you have come or your destination. Whether you agree to a breath, urine, or blood test is a far more complicated question and is very much a fact-specific analysis. Educate yourself about the consequences of a refusal to submit to such tests on your driver’s license.
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