Rights During a Fredericksburg Drug Arrest
An individual has many rights during a Fredericksburg drug arrest such as the right to remain silent. The officer should tell the person that they have that right because anything the person says can and will be used against the person. People do not understand this right, so it is especially important to understand that an individual being arrested cannot talk their way out of it.
Once the officer has decided to arrest a person, they are going to be arrested. It would be rare for an officer to change their mind about an arrest because the individual said something to the officer that made the officer change their mind.
The person has the right to remain silent. The individual not going to be able to talk themselves out of an arrest. An experienced drug attorney would suggest the individual keep your mouth closed and you could speak with a lawyer. Everyone has the right to have an attorney.
What to Expect Following an Arrest for Drug-Related Charges
Generally speaking, upon arrest for a drug-related charge, a person should expect to go to police headquarters or the precinct, get processed, fingerprinted, and have their mug shot taken. They should then expect to go in front of a magistrate depending on the level of the offense and they may be given a bond by the magistrate. A person should then expect to go in front of a judge within two days if it is a weekday, if it is on a weekend, within three days, for their arraignment.
The judge will tell the person what they are being charged with and the maximum and minimum penalty of that charge and then give the person the chance either to hire a lawyer or try to see if the person qualifies for a court-appointed counsel. Then the judge will also see if they want to give the person a bond at that time as well. So a person can expect to be held at least for a day, to go in front of a judge the next day, and then have an opportunity to call a lawyer, but expect to be held for at least 24 to 48 hours if arrested on a drug offense.
Illegal Searches and Seizures
One of the rights during a Fredericksburg drug arrest is the right to be free from illegal searches and seizures during a Fredericksburg drug arrest. Now if an officer is going to be arresting a person, then they have ] the right to pat the person down and search the person at the time of an arrest because of an administrative search. They can search a person’s person, but that does not include bags.
That does not include a person’s car. That does not include a person’s house. An officer needs a search warrant, and, of course, there are always exceptions to the rule, but generally speaking, if a person is arrested outside on the street, officers cannot just run through all of the person’s stuff just because they have been arrested. A person has the right to be free from searches and seizures. A person has the right to not consent to a search. A person does not have to give the police officers permission to search their car, house, or other things they own.
Role of Probable Cause
Understand that if an officer is asking a person to search them, that means they more than likely do not have probable cause to search. Because if they did, they would just go ahead and search the person or whatever they are trying to search at the time they are there. Knowing and understanding the role of probable cause can be pertinent to knowing the rights of an individual during a Fredericksburg drug arrest.
If an officer is interrogating a person or simply asking them to search something, the person has the right to say no and it is in the person’s best interest to say no in order to protect whatever it is that they are trying to keep away from the officers. Whether it be drugs or nothing, it is important to not consent to a search. Make the police have probable cause or have them leave their belonging alone.
Things to Avoid Discussing With the Police
A person should avoid discussing everything with the police because the person and the police have nothing to discuss. Once a person is being arrested, the police, as far as the arrest is concerned, are under the impression that they have probable cause that a person has committed some type of drug offense.
Once they have that probable cause, a person is not going to be able to talk themselves out of the crime. Since a person is not going to be able to talk themselves out of the arrest, there is no point in talking at all. Remain silent until a person can consult with a lawyer. A person would be within their rights during a Fredericksburg drug arrest if they did not speak.
Contact a Lawyer
Anyone and everyone should know their rights during a Fredericksburg drug arrest. The actions an individual takes have the potential to affect their trial process. This enhances the importance of working with a distinguished drug lawyer. Work with a qualified attorney that can attempt to protect your rights and build a solid case for you.
