What Should I Do if I’m Arrested for Drug Possession?

Finding yourself arrested for drug possession can be an overwhelming and frightening experience. Drug possession refers to the crime of having one or more illegal drugs in your possession, either for personal use, distribution, sale, or otherwise. For instance, if you are caught with a small bag of marijuana in your pocket, you could face drug possession charges. Knowing exactly what 6 steps to take can make a significant difference in the outcome of your case which includes:

1. Stay calm and composed
2. Exercise your right to remain silent
3. Request legal representation immediately
4. Do not consent to searches
5. Avoid making written statements
6. Understand the charges against you

If you or a loved one are facing drug possession charges, don’t wait to get the help you need. Contact Rucker Law at 713-330-1110 for a free consultation. Our dedicated attorneys are ready to provide the strong defense you deserve and help you through every step of the legal process. Call us today to ensure your rights are protected and to start building your defense.

1. Stay Calm and Composed

The first and most important step when facing an arrest is to remain calm. Losing your composure can lead to additional charges such as resisting arrest, which only complicates your situation further. Keeping a clear head allows you to think rationally and make better decisions during this critical time.

It’s normal to feel a lot of emotions, but showing those feelings through outbursts can make things worse. Reacting emotionally can result in charges of resisting arrest or other complications. Staying calm and composed not only helps you but also prevents the situation from worsening.

Focus on practical actions like taking deep breaths to reduce anxiety and maintain your well-being. Complying with police requests and avoiding confrontational behavior can prevent further escalation and ensure that the process proceeds smoothly. Remember, this is just the beginning, and how you handle this moment can significantly affect the outcome.

2. Exercise Your Right to Remain Silent

Once you’ve managed to remain calm, the next vital step is to exercise your right to remain silent. You are only required to provide basic identifying information, such as your name and age, to the police. Beyond that, you should refrain from answering any questions about your case without an attorney present.

Anything you say can and will be used against you in court. Remaining silent and waiting for your attorney from Rucker Law helps protect your rights and avoids giving the police additional information that could harm your case. Be direct yet respectful when asserting this right, clearly stating that you choose not to answer any questions until your attorney is present.

Staying silent is not an admission of guilt; it’s a fundamental right designed to protect you. Inform a family member or someone you trust about your arrest, but refrain from discussing the details of your case with anyone other than your attorney.

3. Request Legal Representation Immediately

Requesting an experienced criminal defense attorney from Rucker Law should be one of your first actions after being arrested. Engaging a skilled defense attorney immediately can prevent critical mistakes and help you manage the legal process.

Securing legal representation early can lead to improved outcomes, such as charge reductions or even dismissals. A defense attorney from Rucker Law will advise you on your rights and potential results based on your case specifics, ensuring you stay well-informed.

At Rucker Law, we prioritize educating clients about their rights and the legal process, empowering them to make informed decisions. Our drug crime attorneys can also conduct investigations and gather evidence that may help weaken the prosecution’s case, providing you with a stronger defense.

4. Do Not Consent to Searches

Know that you have the right to refuse searches if law enforcement lacks a search warrant or probable cause. Clearly stating, “I do not consent to this search,” helps assert your rights and may prevent unlawful searches.

Having your attorney from Rucker Law by your side from the start can protect your fundamental rights, including against unreasonable searches and seizures. Consent searches often lead to legal complications, especially if the consent was given under pressure or without fully understanding the implications.

Be aware that law enforcement officers may still conduct a search if they establish probable cause. Knowing your rights and having legal representation can make a significant difference in how such situations are handled.

5. Avoid Making Written Statements

Another step is to avoid making any written statements without your attorney present. Written statements can be used as evidence against you, and without legal guidance, you might inadvertently incriminate yourself.

Signing documents without understanding their implications can be a serious mistake. Always consult with your lawyer from Rucker Law before signing anything to ensure you are not harming your case. This is another reason why staying calm and silent is so important throughout this process.

Keeping your words and actions in check minimizes the risk of making honest mistakes that could have severe legal consequences. Let your attorney handle the communications and negotiations with law enforcement on your behalf.

6. Understand the Charges Against You

Facing drug possession charges can be scary, but understanding the specifics of the drug charges is important. Charges for drug possession can vary significantly depending on where you live or where you are arrested.

In Houston, Texas, penalties for drug possession can be severe and are often determined by the type and quantity of the drug. For example, possession of less than 2 ounces of marijuana is considered a Class B misdemeanor, which can result in up to 180 days in jail and a fine of up to $2,000. On the other hand, possession of controlled substances like cocaine or methamphetamine can lead to much harsher penalties, including lengthy prison sentences.

It’s important to distinguish between simple possession and possession with intent to distribute. The presence of items like scales, bags, or incriminating messages can shift the charge from simple possession to intent to distribute, which carries harsher penalties. For instance, possession of 1 to 4 grams of a controlled substance like heroin with intent to distribute is classified as a second-degree felony, potentially resulting in 2 to 20 years in prison and fines up to $10,000.

Knowing the potential consequences, such as hefty fines and jail time, helps you prepare for what lies ahead. Being aware of the criminal charges enables you and your attorney to build a more effective defense strategy.

Please be aware that legal regulations including potential fine amounts or imprisonment lengths may change over time. For the most current and accurate information, consult with a legal professional to ensure accuracy in your specific situation.

What Happens After Arrest

Following an arrest, the criminal justice system takes over. Here are the steps typically involved:

1. Booking: Your personal information and the nature of the charges are recorded.
2. Arraignment: You will be informed of the charges and asked to enter a plea.
3. Bail Hearing: Determines whether you can be released before your trial and under what conditions. The severity of the crime and your criminal history are factors considered during these hearings.
4. Bail Posting: If bail is unaffordable, a bail bond agent can post it for a fee, allowing for your release.

Understanding these steps helps you and your attorney plan your next moves effectively.

Building a Strong Defense

A strong defense is essential to fighting drug possession charges. A key strategy is challenging the legality of the search that led to the discovery of the drugs. If the search was unlawful, the evidence obtained may be inadmissible in court.

Another defense strategy is contesting the intent to distribute. Prosecutors often rely on circumstantial evidence, which can be challenged. Disputing witness reliability and credibility can also weaken the prosecution’s case.

At Rucker Law, we scrutinize the evidence and question the legality of the procedures followed, forming a robust defense. This straightforward approach can significantly improve your chances of a favorable outcome.

How Rucker Law Will Help You in Your Drug Possession Case

At Rucker Law, we pride ourselves on our extensive background and dedication to our clients. Wes Rucker, our lead attorney, is a board-certified criminal defense lawyer with over 19 years of experience, making him well-equipped to handle drug possession cases effectively.

We provide personalized legal strategies tailored to the unique circumstances of each case. This approach ensures that our clients receive the most effective defense possible.

Our commitment to thorough and compassionate representation sets us apart. We are dedicated to building strong relationships with our clients and providing the support they need throughout the legal process.

When you contact Rucker Law, we will:

• Review the details of your arrest and charges.
• Advise you on your rights and the best steps to take.
• Develop a strong defense strategy aimed at reducing or dismissing charges.
• Represent you in court and negotiate on your behalf.
• Keep you informed and supported throughout the legal process.

Contact Us for Immediate Assistance

If you or a loved one are facing drug possession charges, don’t wait to get the help you need. Contact Rucker Law at 713-330-1110 for a free consultation. Our experienced attorneys are ready to provide the strong defense you deserve and help you through every step of the legal process. Call us today to ensure your rights are protected and to start building your defense.

Frequently Asked Questions

What should I do if the police ask to search my vehicle during a traffic stop?

If the police ask to search your vehicle during a traffic stop, you have the right to refuse the search if they do not have a warrant or probable cause. Politely state, “I do not consent to this search.” If the officers proceed without your consent, a warrant, or probable cause, this could be a violation of your Fourth Amendment rights, and any evidence found may be inadmissible in court.

Can drug possession charges be dropped if the drugs were not mine?

Yes, drug possession charges can be dropped if you can prove that the drugs were not yours. Your attorney can gather evidence and present arguments to show that you had no knowledge of the drugs or that they belonged to someone else. Witness testimony, surveillance footage, and other forms of evidence can be crucial in establishing your innocence.

How can a drug possession charge affect my employment?

A drug possession charge can have significant consequences on your employment, including job loss or difficulty finding new employment. Many employers conduct background checks, and a drug possession charge can raise red flags. Additionally, certain professions have strict regulations regarding criminal records, which could lead to suspension or revocation of professional licenses.

What are the potential penalties for a first-time drug possession offense?

The penalties for a first-time drug possession offense vary depending on the type and amount of the drug, as well as state laws. Penalties can range from fines and mandatory drug education programs to probation or even imprisonment. A first-time offense might also result in a criminal record, which can have long-term impacts on various aspects of your life, including employment and housing opportunities.

Is it possible to get a drug possession charge expunged from my record?

In some cases, it is possible to get a drug possession charge expunged from your record, depending on state laws and the specifics of your case. Expungement can help you clear your criminal record, making it easier to move forward with your life. Consulting with an attorney can provide you with information on eligibility and the process involved in seeking expungement.