What to Do If You are Arrested for Drug Possession: Dos and Don’ts

798516-drug-offensesMany people assume the police are more particular about arresting violent offenders than those who are involved in drug-related crimes. Surprisingly, the opposite is true. In 2016, the FBI estimated that there were 1,572,579 arrests throughout the United States for drug-related crimes.


Whether you are arrested for having heroin, LSD, cocaine, or methamphetamine on your person or are found in possession of prescription medications, you are likely facing serious jail time.


This is especially true if you don’t have the help and guidance of a drug possession attorney and you don’t know how to conduct yourself accordingly before or during your arrest. If you are facing drug possession charges, do yourself a favor and keep the following dos and don’ts in mind:

The Dos

Stay calm.

Getting arrested by law enforcement is always tense. However, it would help a lot if you stay calm. Whatever happens, it is recommended that you never allow your emotions to get the better of you.

If you become hysterical or even violent, you can end up being slapped with more than just drug possession charges. If anything, you need to remember that getting charged with obstruction of justice or resisting arrest won’t help your case one bit.

Be respectful.

Even if you are not a fan of cops, you need to get your disdain in check. If you act combative or uncooperative, you might get yourself in additional trouble. As much as possible, always be polite and respectful.

You don’t have to volunteer any unnecessary information. You can also exercise your right to remain silent and contact an attorney. The bottom line is you need to show that you have the utmost respect for law enforcement.

Hire a criminal defense attorney.

Drug possession is a severe charge. Believing you can outsmart the police or that your privilege or clean record can help you is a huge mistake. When arrested for possession of a controlled substance, get in touch with a qualified criminal defense lawyer right away.

It is also ideal that you choose one specializing in drug-related charges to boost your chances of getting a favorable result. Having a lawyer can also help ensure your rights are protected throughout the process, and you don’t accidentally provide any information that can be used against you.

Request a bail hearing.

While considered a serious offense, drug possession is still a bailable offense. Check with your lawyer if it’s possible to request a bail hearing on your behalf. The judge will decide to either set bail or deny your request, depending on the unique circumstances of your case.

The Don’ts

Eat your drugs.


While not ingesting the drugs in your possession can seem like a given, you would be surprised that there are people who evade drug possession charges by doing it. Undoubtedly, this is a massive mistake that you shouldn’t even attempt.

A possible misdemeanor case can quickly turn into a felony if you attempt to destroy or hide evidence. Tampering, destroying, or hiding evidence has serious legal consequences, and it’s definitely the last thing you need.

Be dishonest.


When talking to law enforcement, you are not required to volunteer any information other than identifying ones. Also, avoid lying to the police. The idea is to refrain from providing incriminating details that can be used against you.

However, when communicating with your lawyer, you need to be completely honest. If your lawyer does not know the complete story, it might compromise your chances at the trial.

It is also recommended that you are 100% truthful even if you think it can make you look bad. Telling your attorney everything can help them craft your defense accordingly, so you have a better chance of getting a favorable result.

Say anything without your lawyer present.

When you are in the police station, you will be questioned about the prohibited drugs found in your possession. Whatever happens, it would be best not to tell them anything without your lawyer in the room. As explicitly stated in the 5th Amendment, you have the right to remain silent.

Of course, you need to tell the police about your name, age, and other related information while you are being booked. However, you are allowed to say nothing more beyond those basics. As always, make sure you stay polite and respectful. Being rude won’t get you anywhere.

Talk the cops into releasing you.

It is normal to want to get off the hook when you are arrested for drug possession. However, convincing the arresting officers to release you is an exercise in futility. Smooth talk is not going to help you.

The same goes for trying to bully the police by acting cocky or telling them about who you know or who you are. Also, attempting to bribe anyone involved in your arrest might put you into more trouble.

Final Thought

Getting arrested for drug possession is no laughing matter. If you find yourself in a similar situation, keeping the dos and don’ts laid out above in mind can surely help. Lastly, ensure you have an experienced legal team on your side, so you are guided accordingly.

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