What to Do if You Are Arrested for Marijuana Possession

One of the scariest encounters for most people is being caught in possession of marijuana. According to federal law, marijuana possession is a serious crime that carries heavy penalties. When arrested for marijuana possession, what you do afterward will determine your fate. A simple mistake can lead to further incrimination.

Remember, even after an arrest, you have the right to an attorney. Before you speak to anyone, get in touch with a marijuana possession lawyer as soon as you can for guidance on the way forward.

Here are some of the things you can do if you are arrested for marijuana possession:

Ensure Your Miranda Rights Have Been Read to You

Miranda Rights are renowned across the United States. If you watch legal movies and television shows, you have probably heard of Miranda Rights several times. The police must read Miranda Rights to you at the time of your arrest. Any information you give after an arrest can lead to further incrimination.

The following constitute what the arresting officer should state to you in your Miranda Rights:

• Right to remain silent
• Anything you say can and will be used against you in a court of law
• Right to an attorney
• In the event that you don’t have an attorney, you can ask for one
• Whether you understand the rights read to you
• If you have understood the rights and still want to speak

Never forfeit your Miranda Rights if you are arrested for marijuana possession. The arresting officer’s intention after an arrest is to convince you to disclose information. Therefore, they will keep asking questions, but you have to be firm and insist on your lawyer’s presence before you say anything.

Any information you give to the police officer in the absence of an attorney can be used against you in a court of law. When a police officer arrests you, they will subsequently take part in the investigation, therefore whatever information you disclose will make their work easier. If your Miranda Rights were not read after the arrest, ensure that you inform your lawyer. Failure to be read your Miranda Rights can be raised as part of your defense in court.

However, in situations where you have been stopped for suspicion of possessing marijuana and later let go without any questions, the officer doesn’t have to Mirandize you. To be safe, always ask if you are free to go, but always get in touch with a lawyer for further advice just in case.

Do Not Disclose Any Information

The urge to answer the questions coming from the arresting officer can be compelling, but always refer to your Miranda Rights. When arrested, most people will answer questions because of the possibility that they might be released or get a less severe penalty if they cooperate.

Such misinformation can always land you in more trouble than you already are in, however. Communicate to the police officer that you can only speak once your attorney arrives. Additionally, never disclose any information to someone in the same cell with you. Some cell members might be police informants looking to secretly gather information from you.

Contact a Lawyer ASAP

For any arrest, and especially a drug arrest, you can’t afford to lack legal representation. You must contact a defense lawyer. A competent attorney knows the penalties that a drug charge can carry. Therefore they will act fast to ensure that police procedure was followed right from the arrest until the time you were put into custody.

Additionally, the penalties that result from a marijuana possession charge are often dependent on the state and the amount of marijuana you are found to be in possession of. State laws on marijuana often come into conflict with federal laws because a statute like the Controlled Substances Act of 1970 outlaws any form of marijuana use despite the medicinal value of marijuana that is recognized in many states. In contrast with this provision, out of the fifty states, thirty-three states have allowed the use of marijuana for medical purposes. With conflicting legal provisions on marijuana, a competent attorney will guide you every step of the way.