What Happens if You’re Arrested for Drug Possession?: Everything You Need to Know


by Contributor

(Aug. 5, 2019) — What happens if you’re arrested for drug possession? Will you go to prison? Check out this guide to learn what will happen.

2017 saw over 1.6 million cases of drug violations in the U.S.A. Of these, 85% were reports of illegal possession of a controlled substance. These are high numbers and if you aren’t careful, or are simply unlucky, you could be one of them.

Now drug possession is considered a federal crime under U.S law; however, don’t let that scare you too much. There are several nuances to these laws and the circumstances of your situation are the variables that will determine your case.

With a bit of research and the right law firm or lawyer to back it up, you can find your way to a more favorable outcome.

How, you might ask? Well, here’s what you need to know!

Under Arrest? What Comes Next?

Alright, the jig is up. You’ve been caught red-handed. What do you do?

You calmly surrender.

As unfair or frustrating as your situation might be, do not put up a fight. All that’s going to do is make a weaker case for yourself. To put it simply, in a situation like that, the cops do have more power than you; if you do resist arrest, they will be forced to use it. Believe us, you do not want to add obstruction of justice or resisting arrest to your list of crimes.

One Call? Better Call Saul

Next, you’ll have every crime drama’s favorite moment – your single phone call. If you’ve got a lawyer already, you call him/her up. If you don’t, you call a trusted friend or family member who can get you a good lawyer. Alternatively, legal practitioners that specialize in narcotics like this law firm are also good options.

Requesting Bail

You’re going to want to request bail if you don’t want to be under arrest during your time of trial. Most likely, if your case isn’t too serious, you will be granted bail. However, if you aren’t there’s not much else you can do, except consult your lawyer and prepare for your hearings.

Know Your Rights

You are not under any obligation to convey any information during your arrest. All you have to provide is your name and age, and that’s about it.

You are well within your constitutional right to deny speaking or signing any document presented to you until you have access to your lawyer. Your Miranda rights are applicable during this process.

The Variables of Drug Possession

Every case is subjective. And there are a few variables that will determine the outcome of your trial. A few things that will be considered are:

  • The quantity of the substance
  • The type of drug
  • Your criminal record
  • The jurisdiction
  • The circumstances of the arrest

The Charges: Felony or Misdemeanor?

When you’re dealing with charges of drug possession, the above variables will determine whether it is a felony or a misdemeanor.

What’s the difference?

In the United States, the government considers most crimes involving incarceration for less than two years to be a misdemeanor. The rest are regarded as felonies. This means that a felony is a much harsher form of punishment, involving higher penalties and longer jail time.

Finding a Good Lawyer

If you don’t have one, choose someone who specializes in narcotics or drug possession and has dealt with similar cases before. Circumstances vary, but a good lawyer knows how to present your case in the most favorable light.

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