If you or a loved one has recently been arrested for drug possession, you might be feeling overwhelmed and unsure about what comes next. Drug possession arrests, depending on the jurisdiction, can result in a series of steps that can vary from other felony charges. In this blog, we will walk you through the typical procedures and legal implications that arise post-arrest.
Immediate Aftermath: Incarceration
First and foremost, following an arrest for drug possession, you will typically be taken to jail. Drug possession, especially when it pertains to significant quantities or specific types of controlled substances, can be classified as a felony.
How Long Might I Be Held?
It's a common misconception that those arrested for drug possession are immediately released. In certain jurisdictions, arrestees might be held in jail until a drug court can evaluate them. This means that, surprisingly, individuals arrested for drug possession could potentially be held longer than those charged with some violent felonies. The reason? They're in line waiting for an evaluation by the drug court.
Bond: Understanding Your Options
Scheduled Bonds and Immediate Release
Sometimes, based on the nature and severity of the charge, you might be eligible for what's called "bond by schedule." This means that certain offenses have predetermined bond amounts. The jail authorities will consult this schedule and set your bond accordingly, potentially allowing for a quicker release.
First Appearance Before a Judge
For those not eligible for bond by schedule or those facing more severe drug charges, they will need to make a first appearance in court. Typically, this appearance occurs within 48 to 72 hours of the arrest. During this appearance, a judge will review the case details and decide on setting a bond. It's here that the specifics of your arrest, the evidence against you, and other factors come into play.
Possession with Intent to Distribute or Trafficking
Those charged with more grave offenses, such as possession with intent to distribute or trafficking, may face more stringent bond conditions. In many cases, they might not be granted a bond based on schedule. Instead, they may need to file a motion to present their case in front of a superior court judge to get a bond set.
After being arrested for drug possession, understanding the process and what to expect can help alleviate some of the stress. It's essential to remember that every case is unique, and while there are general procedures in place, the specifics can vary based on your jurisdiction and the details of your arrest.
If you find yourself in this situation, contact us. We will provide you with guidance tailored to your situation. We will ensure that your rights are protected, and help you navigate the complexities of the legal system. Contact Brett Willis Law today to learn more.