Often clients will retain my office after they have been arrested or are under investigation for possession of a controlled substance ( HS 11357(a)(b)(c), 11377(a), HS 11350(a)). They are usually scared, unsure of the criminal consequences, and worried about the impact it will have on their personal and professional lives. If you have been arrested for possession of a controlled substance or you are under investigation for possession of a controlled substance here are a few things to consider.
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Don't make any statements: The police are trained to elicit incriminating statements from you. Even
though you may think you will be able to "talk your way out of it,"
chances are you are wrong. You have a 5
th amendment right to remain silent and request an attorney;
exercise both of those rights.
Some of the most damaging evidence is the information obtained from a statement made right after being arrested. You may be scared, nervous, or confused – not ideal conditions to make any statements. You will always have time to provide a statement at a later time if you choose to do so. If, however, you did make a statement, speak with a criminal defense attorney to mitigate any damage. - Don't assume anything: It does not matter how many true crime shows or Law and Order episodes you have seen- criminal cases are case specific and very complex. The controlled substance could have been near you, your prescription expired, you did not have your prescription with you, you have multiple doctors, the controlled substance was found in your purse, bedroom, vehicle, residence, etc. There are many constitutional rights that protect all of these areas. Don't assume you know what the outcome of the case will be until you speak with an experienced criminal defense attorney.
- Don't wait, be proactive: Police are investigating agencies. That is, they will investigate, make an arrest, or wait to arrest, and send their investigative reports to the district attorney's office. The district attorney will review the report and then decide if it will issue the case. This may take some time. Don't wait for law enforcement to do its job before you hire an attorney. There may be issues with respect to bail, PC 1270, PC 1270.1, PC 1275, PC 1275.1, defenses, possible charges, witnesses, jail time, drug programs, questions about the legal process, etc. Speak to an experienced criminal defense attorney to guide you through this difficult process.