Drug Possession - Know Your Rights Under The Law

Because there is so much fear mongering out there, and because the police themselves seldom go out of their way to tell their arrests all of their rights, many people charged with drug possession think they are at the mercy of the court. While in some cases you may have little recourse, this is usually not the case. The important thing to remember is that an arrest does not mean the abolishment of your rights as a United States citizen. In fact, many of those very rights are there to protect someone in your position. Knowing what they are can put you back of level footing.

Though it gets talked about a lot, few people have ever sat down to read the Constitution. If you've been charged with drug possession (or any other crime, for that matter), now is a good time to take your first read. If you have read it before, now is a good time to do it again. The Constitution is the framework of our country's legal system. The Bill of Rights is what you'll be most interested in at this point in time. Amendments 4, 5, 6, 7, and 8 are concerned with the rights of those who have been accused of a crime. Read these amendments very carefully and apply them to your own situation. No one ever did themselves a disservice by availing themselves of their rights.

When you were arrested, you were probably read your Miranda rights. If you've forgotten what the officer said, you can read the Miranda rights online. This time, really think about those rights. It's also important to remember whether or not an officer informed you of these rights. While it is not true that forgetting to read these invalidates the arrest (as many people seem to think), it does mean that any incriminating statements you might have made to the police while being questioned will not be admissible in court. Make sure and tell your lawyer if the police failed to give you this warning.

One of the biggest area of rights as it pertains to drug possession charges is that of search and seizure. When police officers break protocol and laws regarding this important right, it can result in illegal searches which in turn may break your case wide open. Take careful note of the events that happened when you were arrested. If you have not been arrested and are reading this for general information, know that you never have to agree to a search of your house or car just because an officer wants to do it. In fact, even if you are innocent, many legal experts advise never giving out this permission. Of course, if the officers have a warrant from a judge, you must stand aside and allow the search to proceed.