If you have been arrested for drug-related crimes, experiencing feelings of fear and overwhelming stress after the arrest is common. Fortunately, some valuable legal rights protect you from being wrongfully prosecuted for the crime you were accused of committing. Familiarizing yourself with your constitutional rights can help you make good decisions and hopefully avoid making errors that can adversely affect your case.
Key Takeaways
- You have the right to refuse to answer any questions or provide information about what happened when investigators come to interrogate you. Remaining silent will protect you from self-incrimination.
- The Fourth Amendment protects you from having your home, vehicle, or person searched without your consent.
- You also have the right to have a Criminal Defense Attorney present before law enforcement can continue with your case.
- If you are a first-time offender and have committed a non-violent drug crime, California Penal Code § 1000 PC allows you to participate in the Deferred Entry of Judgment Program (DEJ), which allows you to avoid any jail time.
A drug arrest in California can threaten your job, future, and freedom. However, being arrested does not mean you are guilty of a crime. Your rights under the U.S. Constitution were designed to limit police actions and protect you from any wrongdoing. Knowing how to use the five important rights after being arrested will offer you the best options for protecting your future and getting a great result in court. Hire an expert drug crimes attorney immediately to help you use those rights to create a winning defense.
What are your primary constitutional rights?
The U.S. Constitution grants you a few valuable rights to protect you from wrongful prosecution. They include:
● The Right to Remain Silent (No Talking) – The Fifth Amendment
Many people think that they can get away from an arrest by simply explaining their situation to the law enforcement officers. What they don’t realize is that everything they say is being taken into record and can later be used by the prosecution.
The only way you can protect yourself from self-indictment is to refrain from saying anything until you have spoken to your Criminal Defense Attorney. Your attorney will guide you on what to say and (especially) what not to say.
● The Right to Refuse Voluntary Searches (No Consent) – The Fourth Amendment
Law enforcement officers do not have the right to search your phone, car, property, or person without a valid warrant/probable cause. If they do a forceful search without stating probable cause or showing a valid warrant, all the evidence they collect cannot be used to prosecute you.
Therefore, you should exercise your right to refuse voluntary searches unless your Drug Crimes Attorney is present and recommends otherwise. When you hear the officer using casual phrases like “If you have nothing to hide, you won’t mind if I look around, right?”, simply tell them that you refuse to allow the search unless they can demonstrate probable cause or produce a warrant.
● The Right to Legal Representation (Call an Attorney) – The Sixth Amendment
Don’t wait for your first court date to hire a defense attorney because by then, it may already be too late. You can engage a lawyer the moment you are detained or when you get to learn about a possible arrest. According to the Sixth Amendment, once you ask for a Criminal Defense Attorney, law enforcement officers cannot continue with the interrogation or take any further action unless you talk to your lawyer.
Interrogating officers may use phrases like “Why, if you’re not guilty, do you need a lawyer?” or “Asking for a lawyer makes you look guilty.” Do not fall for these, and only make your statements after consulting your defense attorney. This will prevent you from making mistakes that could potentially ruin your case.
● The Right to Know Your Formal Charges (Transparency) – The Sixth Amendment
You have the right to be informed about the exact criminal charges being levelled against you. In California, local police authorities are not permitted to detain you indefinitely without booking you on specific statutory charges. If the prosecutors fail to press formal charges within 48 hours (excluding weekends and court holidays), you must be released from custody.
The District Attorney might still decide to press charges (and they are allowed to), but they cannot hold you in a local jail facility in the meantime. This also allows you to understand what charges are being levelled against you and consult a Drug Crimes Attorney to prepare the best defense strategies.
● The Right to a Prompt Bail Hearing (Freedom Pre-Trial) – The Eighth Amendment
You have the right to contest excessive bail amounts set by a judge. Following your drug arrest, you can ask for a prompt bail hearing, and your defense counsel can move to have the proposed bail amount reduced or have you released on your “Own Recognizance”. This allows you to return to your family or job and continue with your daily life while your case moves through the California legal system.
What is the California Penal Code § 1000 PC, & how does it benefit first-time offenders?
The California Penal Code § 1000 PC is a Deferred Entry of Judgment (DEJ) program that stipulates that first-time offenders involved in non-violent drug crimes can avoid jail time and not have the offense go on their permanent record if they complete 12-18 months of mandatory drug education and counselling.
Key features of the California Penal Code § 1000 PC
- The primary objective is to replace incarceration with education and treatment.
- The original drug charges are dismissed upon successful completion.
- The program typically lasts for 12-18 months. In some counties, it may extend to 24 months.
- Requires an enrollment fee along with additional program costs, which vary from one county to another.
Eligibility criteria for the DEJ program
To be eligible for the DEJ program, candidates must:
- Have no prior convictions for controlled substances.
- Be arrested for a charge that does not involve violence or threatened violence.
- Have not completed or been terminated from another DEJ program within the past 5 years.
- Have no prior felony convictions within the past 5 years.
Exercise your rights and avoid making mistakes common mistakes
When you are aware of your constitutional rights (and exercise them during a drug arrest), you are less likely to make costly errors that could derail your defense. At the same time, it also gives you a better chance to mount a defense strategy that can get the charges reduced or dismissed entirely.
This is where the professional services of an expert and experienced Drug Crimes Attorney can be of immense value to you, especially if you are a first-time offender. Since the charges are new to you and you don’t know how to deal with them, your defense attorney will help you navigate the intricacies of California drug charges to ensure favorable outcomes.
Want to know more about your constitutional rights?
Consult a competent and experienced Criminal Defense Attorney today and learn more about your constitutional rights during a drug arrest. Your attorney will also help you ensure a successful defense that protects your immediate and long-term future.