One question that may linger on your mind upon discovering you are under drug crime investigation is: “What should I do if I’m arrested on drug charges?” The first thing you should do if you’re arrested on drug charges in Minneapolis is stay calm and cooperative. Then, document the arrest while the event is still fresh in your mind. Next, hire a lawyer who has built a successful practice around helping criminal defendants facing drug related charges.
While there are no strict deadlines on when to hire a drug crime lawyer, it’s wise to do so immediately after the arrest or as soon as you find out that the police are investigating you. Having a lawyer on board ensures your rights and interests are protected. It also prevents you from making blunders that could compromise your case.
Call Keller Criminal Defense Attorneys at (952) 913-1421 if you have been arrested, charged, or are under investigation for a drug-related crime.
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What to Expect During Your Arrest in Minnesota
An arrest starts with initial contact with arresting officers coming to you. The officers must tell you why you are being arrested. They may cuff you and bring you into custody–they should do this cordially. On your part, you should remain calm, respectful, and cooperative. If the police think you are resisting arrest, then they might use more force to reign you in and to protect themselves.
Your Miranda rights should be read to you verbatim. The Miranda rights constitute your right to remain silent and your right to an attorney. You can choose to stay silent until your attorney arrives. The police officers can use anything you say to build a case against you in court if you waive your right to remain silent.
Once you are brought in, you will get booked. The officer in charge will take your personal information and fingerprints. You will then remain in custody until you post bail or until your first court hearing.
What Should I Do If I Am Arrested on Drug Charges?
Taking the right steps after an arrest can protect your future.
Know Your Rights When Getting Arrested for Drugs
Knowing your rights when getting arrested for drugs can help you remain calm and avoid making mistakes that could compromise your defense. You have the following fundamental rights during an arrest:
The Right to Remain Silent
Enshrined in the Constitution is your right to remain silent. This right is in place to ensure arrested individuals don’t say anything that might incriminate themselves. If you call an attorney immediately after your arrest, the attorney will likely ask you not to say anything until he or she comes to the station.
Right to an Attorney
The Sixth Amendment provides the right to legal representation. If you cannot afford an attorney, one should be provided. It’s your right to have your attorney present during questioning.
Right to Know the Reason for Your Arrest
The arresting officers should tell you the reasons for your arrest at the point of contact. You can also seek clarity on this as the arrest is taking place. Knowing why you are getting arrested is crucial because it forms the foundation of your case.
Right to Refuse Searches
You have the right to deny law enforcement officers from searching you, your car, or your home. Generally, searches and seizures in drug cases should be backed by a search warrant.
Right to Proper Treatment
You have the right to be treated properly during your arrest. Arresting officers should address you respectfully, explain reasons for your arrest, request to search, read you your Miranda rights, and ask if you have understood your rights. Additionally, they shouldn’t use excessive force during the arrest and booking. It helps if you remain cordial and calm as well.
Stay Calm and Cooperative
Remain as calm and cooperative as possible during an arrest. Do not try to run, resist, or fight off the arresting officers. Do not give the police any reason to assume you are threatening or aggressive.
Ask questions calmly and respectfully, and pay attention to everything around you during your arrest. This is especially true if your alleged offense involves use or possession of weed or other drugs.
Cooperating with the arresting officers doesn’t mean talking about the crime, even if you think you are an innocent. Resist the temptation of discussing the details of your alleged crime with the officers until your attorney is present.
Document the Arrest
Find time soon after the arrest to document everything you remember about it. This includes where and how you were approached, what the police said to you, whether you were read your rights, and how you were handled. Note all that information while your memory is fresh, and give it to your attorney.
Your attorney will determine if there were procedural errors during your arrest and handle it accordingly. Because drug crimes are serious charges, you need to leverage everything possible toward your defense. This includes technicalities.
Refrain from Discussing the Case
Don’t discuss your matter with anyone. This includes other people in the holding cell, family members, friends, or colleagues. If your matter goes to trial, and you have revealed information to someone, the prosecution may compel that person to testify.
As tempting as it might be, keep your legal matter off social media. It might feel better to get on social media to vent or disparage the police, but it could harm your defense. Similarly, talk to your attorney before deleting existing information on your social media.
The attorney-client privilege, however, allows you to discuss the charge with your attorney.
Contact an Attorney in Minneapolis
Minnesota enforces strict laws on drug crimes. A guilty conviction often carries harsh, life-altering penalties. The best choice you can make for yourself when facing drug-related charges is to hire a lawyer experienced in resolving drug cases. You should hire a drug crime lawyer for the following reasons:
Legal Knowledge
Drug-related offenses fall under criminal law. By getting a criminal lawyer who tackles drug charges in Minneapolis, you are essentially getting the bulk of his or her knowledge in criminal law, drug charges, and Minnesota judicial and court systems.
The lawyer also knows which procedures should be followed during arrest, booking, investigations, and evidence collection. These skills allow an attorney to protect your interests, ensure your matter is handled by the book, and present a robust defense in trial or when appealing a conviction.
However, whenever possible, you should hire a private drug crime lawyer rather than relying on the one assigned by the court to you. Court-assigned attorneys are knowledgeable and try to be effective. Their huge caseload, however, makes it humanely impossible to give each assigned client enough attention to build a solid defense.
The Consequences of a Conviction Are Far Reaching
While no law prevents you from representing yourself in drug crimes in Minneapolis, it’s not encouraged. The primary reason is that you don’t have the legal knowledge to build a defense.
For example, under Minnesota drug laws, crimes on controlled substances are categorized into five classes in terms of severity. The more severe crimes fall under the first degree, while the less severe drug crimes fall under the 5th degree. This categorization considers elements like quantity, possession of drugs, use, sale, sale to minors, and distribution/trafficking. There are also penalties for underage possession.
Penalties range from 5 years imprisonment and up to $10,000 in fines for fifth-degree drug crimes to 30 years in prison and fines of up to $1,000,000 for felony drug charges. Following a conviction, you may:
- Lose your driver’s license, ability to travel outside Minnesota, and right to vote and serve in a jury
- Be deported if you are a non-citizen
- Find it harder to get employed or rent a property
- Be ineligible for government student loans and child adoption
- Get harsher penalties for future convictions
A lawyer has in-depth knowledge of these categorizations and penalties. The first task of your lawyer is to help you avoid a conviction. If you are, however, found guilty, the lawyer can mitigate penalties by negotiating plea bargains and leveraging alternative sentences. Considering what you stand to lose, it makes sense to put your best foot forward in your defense. This is a task best managed by an attorney.
Drug crime convictions can cost you money in penalties, assets by way of forfeiture, and your freedom. Life cannot be what it used to be even after you have paid your dues to society. For these reasons, you need to fight all criminal charges hard, and that’s what we do. Don’t gamble with your life: contact us at Keller Criminal Defense Attorneys for legal assistance.
