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What to Do if You’re Arrested For Drug Possession

Content provided by Law Offices of Michelle Bell

Getting arrested for drug possession is a serious matter. A drug possession conviction can lead to hefty fines as well as jail time. If for some reason, police arrest you on suspicion of possession of drugs, you should remember that there are things that you need to do, and some things to refrain from ever doing for your sake. Here are some of the most important dos and don’ts to keep in mind if you’re arrested for drug possession.

Do: Remain calm

Admittedly, remaining calm in such an intense situation as a police arrest can prove to be hard, but you have to do your best to rein your emotions in because any outburst from your end could lead to additional charges, like resisting arrest or obstruction of justice. You could also potentially get hurt if you get a little violent because police officers won’t hesitate to use force to subdue you. So take a deep breath, let the cops slap handcuffs on you, and remain calm all the way to the police station.

Don’t: Say anything

Actually, you still have to say something to cops if they ask for your name, age, and other identifying information. Other than that, you should keep your mouth shut. Silence, after all, is your inalienable right according to the 5th Amendment. So if they start asking you questions about your case, just say that you won’t say anything until you have an attorney present. You can do this with every question they ask you. Just remember to say those words in a manner that’s direct and respectful. It’s not in your best interest to be rude or snarky to police officers who are itching to make your drug arrest stick.

Do: Call a lawyer

When you’re facing drug charges, you are going to need the services of a good lawyer. So make that one phone call count by calling your lawyer if you have one, or a trusted friend or family member to find an attorney for you. If you can’t afford to hire a private lawyer, the court will provide you a public defender.

Don’t: Put anything in writing

The Miranda lines “you have the right to remain silent” and “anything you say can and will be used against you in a court of law” also apply to whatever you put in writing. That is why you should never sign anything the police puts in front of you, or write anything down that would be detrimental to your case.

Don’t: Try to talk your way out of it

Trying to weasel out of a drug arrest simply doesn’t work. In fact, trying to talk your way out of it can only make things worse for you, especially if your attempts involve bribing the arresting officer. Name-dropping or bragging about who you are won’t work either, and could only lead to embarrassment.

Do: Request for bail

You don’t want to be staying inside a jail cell for the duration of your case, so at your arraignment, you or your lawyer should ask the court to set bail. It is entirely within the judge’s power to grant or deny bail. If he or she denies it, there isn’t much you can do about it.

These are just some of the things that you need to remember once you’re arrested for drug possession. With the help of your lawyer, you will be able to understand more about the law and your case.

If you’ve been arrested for drug possession, give us a call at (757) 464-9224 or contact us online for a free consultation right away!


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Well, hard to believe… job done! I’m frank to admit I had no idea that it would be so involved compared to 10 years ago when I did the renewal myself. Happily I was fortunate enough to find the best people to help get it done this time. When I was a working stiff it was mostly as a field guy in sales & marketing. High tech communication in those days was a pay phone in customers’ lobbies, so someone back in the office skilled in dealing w/problems was absolutely essential when I couldn’t be contacted. Most of those who supported me that way were good at what they did, some were outstanding. None were better than you!! This tedious & sometimes worrisome process would have been unbearable without your keeping it, & me, on track. So we want to extend our thanks to you and Radlyn. Hoping for Gardner & Mendoza to continue the good work for many years to come. - Anonymous
Gardner and Mendoza Law Firm is a great law firm no matter what kind of situation you may be in! For example I had court today, John Gardner, my attorney represented me today and got the charged dismissed totally the first time we both appeared in front of the judge in Virginia Beach Traffic Court. He uses every bit of knowledge he can to help you get the best results!! He also works very well with Latinos! They have a Spanish speaking person in their office at all times!! - Sebastian
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My daughter received a reckless driving ticket going 60 in a 35 mph zone, so understandably, I was very concerned. In court, Mr. Gardner was able to get the reckless driving charge and ticket completely dismissed due to his knowledge of what the police officer had to present in court. Mr. Gardner was a familiar face to the judge and the clerks in the Virginia Beach courthouse. When we contacted John Gardner’s office at Gardner & Mendoza, he and his staff made us feel comfortable by explaining the whole process to us. His track record and the reviews online helped make the decision to choose Mr. Gardner over other attorneys easy. I highly recommend Mr. Gardner. He gave us peace of mind and won the case too! - Michelle

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