Getting falsely charged and arrested for possession of drugs is indeed frightening. However, it is not an uncommon experience for most people. Suppose a person gets convicted for drug possession. In that case, they can face severe repercussions, which can ruin their life, career, and relationships. Unless you can immediately prove your innocence when the police charge you, you will be arrested right on the spot.
To show that you’re not at fault, you will have to prove that someone else may have access to the place where the police found the drugs. But if you don’t have any proof of innocence on the spot, resisting the arrest will make you look even more guilty.
For this reason, we will discuss the details of drug charges and what to do if you get arrested.
What to do in case you get falsely accused of possession of drugs?
We understand that the situation is frightening, but if you get unjustly accused and arrested for possessing drugs that you don’t own, follow these tips:
- Don’t resist arrest
Resisting the arrest makes you look guilty even when you are not. Therefore, the first step to proving your innocence is maintaining your calm during this stressful and frightening situation. Trying to run away or getting hysterical will only worsen your case. Hence, when the police arrest you, do not resist in any way.
- Request for a lawyer
Requesting legal assistance by a lawyer should be your ultimate priority. Having a reliable lawyer to guide you through this process legally can help you calm down and get out of this mess quickly. Besides, even if you aren’t a victim of a drug scam, remaining in touch with lawyers can prove helpful in many instances. Nowadays, with the rise in crimes and unjust practices, people are aware of the need to consult with expert lawyers to rid them of unfair treatments. For instance, the Simmons Law Firm helps families and individuals who unfortunately get mesothelioma because of a negligent party. The scope of the legal industry has expanded widely, ensuring people their fundamental rights.
Moreover, having a trusted lawyer by your side before you give any statements can save you from many unknown repercussions.
- Disclose only the basic information
The urge to plead innocent will be strong, but you have to maintain composure until you have a lawyer by your side. Until then, if questioned, only disclose your basic information like your name, contact, address, etc. Anything you say apart from that, the police can use it against you. Therefore, keeping that in mind, it is rational to stay put till your lawyer arrives.
Now that you have a concrete idea about the steps to take if you get charged for possession of drugs, let’s discuss the type of possession charges.
Types of drug possession charges
There are two types of circumstances that support the proof of drug possession by the person arrested for these charges.
- Actual possession
- Constructive possession
Actual possession refers to having physical control over an item or it being in the person’s custody. For example, suppose a person is in immediate physical contact with the drug that the police arrest them for, having traces on them. In that case, the arrest is under the label of actual possession. It also refers to having access to drugs in a place no one else can access.
Constructive possession occurs when the police believe that multiple people have access to that place. There are chances that the drugs in question can belong to any of the numerous people who have access. In this case, the drug possession charges can get dropped quickly if the defendant can prove their innocence.
Can drug charges happen if you don’t possess them?
Like we said, actual possession also refers to places where only you have access. For example, suppose they discover drugs in your car, home, bag, or property. In that case, the police will consider you the primary suspect for possession. However, if you can prove that other people have access to these places, you can prove your innocence.
However, there are chances you can get charged for possession even if you are accompanying someone who possesses drugs. If the police find a connection between that person and you, you can be convicted as well.
Possible drug possession defense
Let’s suppose that you face drug misuse charges for actual possession or constructive possession of drugs. To prove your innocence, your lawyer will have to establish that you are not the only person with access to those spots. Doing so can suggest that someone else owned the drugs while you are innocent.
Your lawyer can also take initiatives with the purpose of proving that you had no knowledge about those drugs or that you didn’t know if the drugs in question were illegal. In desperate cases, the defendant can revert to questioning the police’s right to legal search in your private property. Because if the police don’t have any probable cause to search your property, then the court will consider the act illegal. As a result, all of the evidence they collected during the search will be disregarded.
The law enforcement personnel hear the phrase “It’s not mine” many times during such cases. However, it is your responsibility to prove your words. Unfortunately, getting arrested for possession of drugs is not as uncommon. And if it happens to you, avoid aggravating the situation and contact your lawyer. Do not utter a single word unless your lawyer gives you the go-ahead. Until then, do not disclose anything apart from your name and basic public information to the law enforcement agency.