People may find themselves facing drug charges for a variety of reasons. Some people are in the wrong place at the wrong time and get arrested because someone else had drugs at a party. Others might get blamed for items that officers find in their apartment or vehicle.
Many people facing drug charges hope to avoid a criminal conviction. Unfortunately, they may make mistakes during their interactions with law enforcement or while in state custody that may increase their likelihood of a conviction. Those arrested on suspicion of a drug offense need to take care to avoid making one of the three mistakes below.
Using charisma to avoid prosecution
A surprising number of people think that they can talk their way out of criminal charges. Particularly if police officers seem friendly or compassionate, they may try to explain the situation in the hopes that the officer may use their discretion and choose not to arrest them or transport them to state facilities. Police officers may fabricate a false persona in an attempt to manipulate suspects and get them to implicate themselves. Anything people say to police officers can end up hurting their case later.
Calling home to discuss the issue
Those waiting for their arraignments or an opportunity to secure their release pending trial often feel anxious. They may use the telecommunication systems in the jail or holding facility to call friends, roommates or family members. They may then make statements on the phone that relate to the charges they face. While people may expect a degree of privacy during their phone calls, the reality is that they are all subject to monitoring and recording. Only calls to attorneys have privilege when an individual is in state custody.
Confessing in the hopes of leniency
One of the ways that officers may mislead suspects and defendants is by insisting they can offer lenience if the person in state custody confesses. Many defendants confess, possibly to crimes that they didn’t commit, because they want to avoid the worst penalties or reduce the charges that they face. Later, the defendant often learns that police officers cannot make concessions regarding sentencing or charges. Only the prosecutor can make those promises.
Instead of giving up the right to remain silent, it is usually best to make use of that right as well as the right to an attorney after an arrest. The sooner a defendant gets legal guidance, the better their chances of avoiding a conviction for a drug offense.