A Brief Lecture in Law: 5 Key Points to Remember If You’ve Been Charged with Drug Possession


Being charged with drug possession has far-reaching consequences. Even if you have no prior convictions, a drug possession conviction can damage your future career prospects, reputation, and rights.

Fighting drug possession charges can be challenging. But there are ways of fighting the charges on merit. These 5 key points will help you build the strongest possible defence case for your drug possession charge.

Remain calm

Keeping your cool when placed under a rest can be difficult. Your anxiety and stress levels are high, the adrenaline is flowing, and you are likely in fight or flight mode. However, you need to bring the situation under control to give your case the best possible start.

Acting irrationally won’t get you anywhere. Staying calm and paying attention to the details will help you later. You need to be vigilant about everything the police officers are doing to protect your rights and ensure a fair trial.

Officers need probable cause or a search warrant to search your car or property

Many possession cases fall apart because the evidence was obtained by illicit means. For a police officer to stop you, he or she had to have had probable cause. Without this, the officer has no right to stop you. Many possession charges fall apart due to a lack of probable cause.

Officers will often ask to search your vehicle or property in a way that offers no choice. But if they do not have a warrant, they can only search the inside of your property with your permission.

During a traffic stop, they can only search your car if they have evidence to suggest you are engaged in criminal activity, for example, they can smell or see evidence of drug use.

If you believe your property or vehicle was illegally searched, your lawyer may be able to build a case around improper search and seizure.

Call a lawyer

If you are staring down the barrel of a drug charge, you will need a good attorney to protect your interests. Use your one phone call to get hold of a lawyer that specialises in drug possession cases, like Brandenburg & Associates.

Don’t sign anything or try to talk your way out of it

It is your constitutional right to remain silent. You have to provide the arresting officers with your name and identifying information, but beyond this, keep your mouth shut. When they begin to ask questions, tell them you don’t wish to say anything until your attorney is present. Be polite and respectful, but also, stay firm.

Don’t try and talk your way out of the case. Chances are, it won’t work, and you will only further incriminate yourself or let something slip they can use against you.

Request bail

At your arraignment hearing, you or your lawyer need to ask the judge for bail. The judge does not have to grant you bail, it is within their power to deny it and keep you in jail, but there is no harm in asking.

These are just some of the things to bear in mind if you are arrested on charges of drug possession. Once you have a lawyer present, they will be able to advise you on the specifics of your case and begin working with you to receive the best possible outcome. Until then, stay calm, know your rights, and keep your mouth shut. The rest will be in the hands of your attorney.

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