Every decision you make after being charged with a drug crime matters. Drug charges are serious and can derail your future if you’re not careful. The consequences can include lost job opportunities, a revoked license, and serious jail time. Making the following mistakes after your arrest can negatively impact your case.
1. Talking to police without a lawyer
Never talk to the police without a lawyer present. Speaking freely can hurt your case more than anything. There’s no way to explain your way out of drug charges. It doesn’t matter if you’re genuinely innocent and you were just in the wrong place at the wrong time. Trying to clear your name is a bad idea.
You may have heard that people who invoke their right to remain silent only solidify their guilt, but that’s not true. Silence is a powerful weapon. Since anything you say can be twisted to fit the prosecution’s narrative, your silence can prevent that from happening.
Law enforcement officers are allowed to lie during interrogations, and if you respond they can use your statements against you in court. The problem is, you don’t know what statements will help or hurt your defense. Even if you say you were “just holding something for a friend” and didn’t know what it was, it’s going to make you look guilty.
2. Consenting to a search without a warrant
Never give permission for police to search you or your belongings without a warrant. It doesn’t matter if you don’t think they’ll find anything incriminating. Something as small as a bottle of water could be factored into the prosecution’s story.
Unless the police have a warrant, you don’t have to let them search anything, even your pockets. Even if they tell you they’ll just get a warrant anyway, don’t give in. If they search illegally, whatever they recover as evidence can be suppressed, but only if your lawyer argues that you didn’t give consent. If you gave permission in any way, the evidence won’t be suppressed.
3. Accepting the first plea deal
There’s a good chance the prosecution will offer you an early plea deal, but these deals are designed to save time – not to help you. Deals typically offer reduced charges and sentences, but if you don’t know the strength of your case you could be making a big mistake.
You might have a strong defense against the charges that will end up getting your case dismissed or reduced much more than any plea deal offered. Only a drug charge attorney will know. If you accept a fast deal before talking to a lawyer, you won’t get a second chance.
4. Posting on social media
When you’re facing drug charges, there’s no such thing as a “harmless post.” You might think posting rants about your case shows your confidence, but it’s actually a good way to ruin your defense. You can be sure that police and the prosecution are watching your social media posts. If you make jokes about drugs, post photos from a party, or comment on your charges, that content can be used against you – especially if it appears to contradict your defense.
Refraining from posting to social media also applies to so-called private and friends-only posts. Nothing is actually private. Even deleted posts can be recovered during an investigation. In fact, you could be required to provide access to your entire social media account.
5. Not taking your charges seriously
Whether the situation was relatively harmless or it’s your first offense, drug charges can follow you for the rest of your life. Every drug charge is a red flag to employers, landlords, and even federal aid programs. Even low-level drug charges without a conviction will show up on background checks upon request. If you treat your first charge casually, the judge might not be lenient. Your attitude is everything.
6. Waiting too long to get legal help
Every day you wait to talk to a lawyer, the prosecution’s case gets a little stronger. And as time passes, surveillance footage gets deleted, witnesses forget details, and other evidence is lost. The sooner your attorney can start collecting evidence for your defense, the better.
While you’re sitting around wondering what to do, the prosecution is gathering a strong case against you, building their narrative, and lining up expert witnesses. Don’t give them a head start. Talk to a lawyer immediately.
Don’t let a mistake define you forever
Drug charges are scary, but it’s not the end of the world. Protect your rights and your future by securing an experienced criminal defense lawyer and follow their advice. Every smart decision you make gives you a chance at a better outcome.
