Confused About What To Do If You’re Arrested And Charged With A Drug Crime?
Sahn Law Firm – Attorneys at Law | Your Capable Drug Charge Defense Attorney In Charleston, SC
When you’re arrested for a drug crime, everything happens too quickly. It’s easy to be overcome with fear and panic. Your mind reels with thoughts of fearful consequences: public embarrassment, incarceration or mistreatment by law enforcement. It isn’t easy to know in a moment like this what you should or shouldn’t do.
If you’re charged with a drug crime, you want to be in control of what happens next as much as possible. After all, you have rights. For that reason, you’re ready to have a skilled drug crime attorney in your corner who can protect those rights and guide you through your defense.
Michael Sahn is a Charleston native with years of experience as a highly-regarded criminal defense lawyer. He is well-versed in navigating South Carolina’s criminal court system and defending clients in even the most serious drug offenses. If you’re wondering what the next steps and legal options are for your drug arrest, Michael Sahn can help.
What You Should Or Shouldn’t Do If You’re Arrested For A Drug Crime
Everything you say or do following a drug crime arrest will have a profound impact on your future and the consequences you’ll face. Whether it’s a misdemeanor or felony drug charge, the more you understand your rights, the greater the likelihood that your charges can be reduced or dismissed.
Above All, Stay Calm And Be Compliant
When you’re arrested, keep a level head. Avoid anything erratic, aggressive or confrontational. Nothing good will come of losing your composure.
An arrest is a tense interaction. You’ll only complicate your situation and compound the charges against you by exhibiting threatening or unpredictable behavior. Therefore, do not resist arrest, destroy evidence or attempt to flee.
What You Should Or Shouldn‘t Say When You’re Arrested
Wherever and whenever you’re arrested, always exercise your Fifth Amendment right to remain silent. Beyond the most basic identity information, don’t answer any questions or offer any information, even if you think you’re innocent and what you say will help. This fundamental right protects you from “self-incrimination,” a situation where anything you say could be used against you in court.
You can exercise this right at any point in your dealings with law enforcement by stating, “I’m exercising my right to remain silent. I want to speak with an attorney.” Once you assert your Fifth Amendment right, the police cannot continue questioning you without your attorney being present.
You should exercise this same level of caution beyond the scope of your arrest. Only speak with your lawyer, and no one else, about your drug arrest and charges. Don’t share that information with family, friends or social media.
How to Handle Search And Seizure
The Fourth Amendment to the Constitution protects you against illegal search and seizure. Any evidence obtained during an unlawful search and seizure would be inadmissible in court.
Do not voluntarily agree to a search of your person, vehicle or property. A police officer cannot search or seize any of these without “probable cause” or a warrant issued by the court. Probable cause is a reasonable belief based on facts and evidence that a crime was committed.
In most cases, law enforcement must obtain a warrant to search you or your property. However, there are exceptions:
- If the arrest is lawful, you and your immediate surroundings can be searched
- If drugs are in plain view when you are arrested
- If there is probable cause for the police to believe your vehicle contains evidence, it can be searched
- If the police perceive an immediate threat that you might destroy evidence
Retain A Reputable Drug Crimes Defense Lawyer
Because you understand the gravity of the charges against you, you know you’ll need the guidance of an experienced lawyer to help you get your charges dropped, reduced or dismissed.
South Carolina has stringent and complicated drug laws. Several factors impact whether you’re charged with a misdemeanor or felony and the penalties you’ll face:
- The drug’s potential for abuse and dependency
- How much of the drug did you have in your possession?
- Whether you were charged with possession, possession with intent to distribute or drug trafficking
- Whether you’ve had prior convictions on drug-related charges.
Your attorney has the knowledge and experience to navigate these legal hurdles and more to build a strong defense in your case. That defense will also include protecting your rights, challenging the evidence against you in court and negotiating plea deals where appropriate.
Still Have Questions? Call Sahn Law Firm – Attorneys at Law Today!
You understand the urgency of defending against your drug crime charge. Michael Sahn can help. Contact the Sahn Law Firm – Attorneys at Law today at
(843) 856-2222 or message us on our contact page to schedule a free consultation.
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(843) 856-2222