A drug arrest can be a stressful and overwhelming experience. If you have been arrested for drugs in Aiken, South Carolina, you may feel helpless and confused and not know what to do and say, especially if you do not understand your rights. It is, therefore, essential to understand your rights during a drug arrest.
Knowing your rights can protect you during and after a drug arrest. You will know what to do and say during a drug arrest. In fact, understanding your rights and having a skilled criminal defense lawyer by your side can make a big difference in the outcome of your case.
We wrote this guide to help you understand the rights you have during a drug arrest.
The Right to Remain Silent
The 5th Amendment gives you the right to remain silent during a drug arrest. It protects you from self-incrimination. So, you have the right to remain silent and refuse to answer questions. The police officers cannot force you to provide self-incriminating evidence.
Remember, police officers can misunderstand or twist your words and use them against you. If you can keep quiet and refuse to answer the officer’s questions, you will not give away anything that the officers could use against you later.
Therefore, if the officers start asking questions, you can say you are exercising your right to remain silent. You are not being rude. You are protecting yourself. You should remember that anything you say can and will be used against you in court.
It is of utmost importance for you to know and understand your rights during a drug arrest.
The Right to an Attorney
Facing drug charges can be confusing and stressful. Fortunately, you do not have to navigate the legal system alone. The 6th Amendment grants you the right to an attorney. You, therefore, have the right to request an attorney during a drug arrest.
Your lawyer will guide you and help you navigate the legal system. Your attorney will speak on your behalf and make sure you are treated fairly.
If, on the other hand, you cannot afford an attorney, you have the right to a public defender. Lawyers know the legal system inside and out and can stand up for their clients. So, your lawyer will protect your rights.
If you’ve been arrested, you can get the best criminal defense attorneys in Aiken, SC by contacting Johnson, Johnson, Whittle, Lancer, and Staggs (JJWLS).
Protection Against Unreasonable Searches and Seizures
Do you feel that your privacy is being violated? The 4th amendment is there to protect your privacy. The 4th amendment can protect you from unreasonable searches and seizures.
Police officers cannot enter and search your property without a good reason. They need probable cause or even a search warrant.
If police officers come and search your property without probable cause or a search warrant, it is an illegal search. Your criminal defense attorney can challenge the way the evidence was obtained. If you win, the evidence will not be used against you.
Understanding Miranda Rights
Have you ever heard of “You have the right to remain silent”? These are your Miranda rights. If police officers arrest you, they must read you your Miranda rights. If they do not read you these rights during a drug arrest, anything you say will not be used against you in a court of law.
Therefore, if police officers forget to read you these rights, you need to tell your criminal defense lawyer. Remember, you have a right to know what you are up against.
If your Miranda rights are violated, your criminal defense lawyer could use that to suppress evidence or get the charges dropped altogether.
The Right to Fair Treatment
Nobody likes feeling like they are being treated unfairly. Remember, you deserve fair and humane treatment during an arrest and while in custody.
That is why police officers are not required to use excessive force when making arrests. You also have the right to get medical attention when needed.
Arresting officers cannot rough you up just because you are under arrest. So, if you feel you have been treated unfairly, you are free to report it. You have to stand up for yourself. Your criminal defense lawyer will fight to ensure you receive fair and humane treatment under the law.
Recording the Arrest
In South Carolina, it is legal to record your interactions with police officers, as long as you are not interfering with their work. So, you have the right to record your interactions with police officers during an arrest in Aiken. You want to have an accurate record of what went down.
You can use your phone to record discreetly. If possible, you can start recording before the interaction begins. The purpose of recording is to document your arrest. So, do not provoke the police officers.
You will use your videos as evidence. Your videos can even protect you from false accusations. How? They can show what was said and done.
Post-Arrest Rights and Procedures
Your rights do not vanish after being arrested. You still have rights. For instance, you have the right to a phone call. You can, therefore, call a family member, a friend, or an attorney. We encourage you to contact a criminal defense attorney from JJWLS.
You will, then, be taken to arraignment within 24 hours. The court will formally notify you of the charges against you during arraignment. You will also find out about bail. If the bail is set high, you can request a hearing to seek a bail reduction.
You will need to comply with all requirements and show up for court dates.
Hire a Criminal Defense Attorney to Protect Your Rights During a Drug Arrest
Facing drug charges can be challenging and stressful. The legal consequences of a conviction can significantly impact your life. A conviction can cost your reputation, your career, and your financial future.
Remember, you have rights, including the right to remain silent, the right to an attorney, and the right to a phone call. Understanding and asserting these rights can protect you from self-incrimination and ensure a lawful procedure.
If you or someone you know is facing a drug arrest in Aiken, South Carolina, you need to seek legal advice. A lawyer will help you understand your legal rights and work tirelessly to get you the best possible outcome.
If you have questions about your rights or need legal representation, do not hesitate to contact Johnson, Johnson, Whittle, Lancer, and Staggs for a consultation regarding your drug arrest.
Our team of knowledgeable and experienced criminal defense attorneys is here to help you navigate these challenging times. Remember, your rights matter. We can help you protect them.
Contact us today at (803) 649-5338 for an initial consultation with our drug crimes defense attorney in Aiken.
