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What Should I Do After Being Arrested For Drug Possession?

Posted by Brett Willis | Jan 04, 2024 | 0 Comments

The moment immediately following an arrest can be a mix of confusion and fear, especially if it's for drug possession. As emotions run high, it's easy to make mistakes that can compromise your legal standing. However, with the right knowledge and approach, you can ensure your rights are upheld. This guide offers a step-by-step breakdown of what to do (and what not to do) after being arrested for drug possession.

Prioritize Your Right to Legal Counsel

Being arrested for any crime, let alone drug possession, can be a harrowing experience. It's crucial to know your rights and how to exercise them appropriately. Above all, invoking your right to an attorney should be at the top of your list.

Why Is This the Most Critical Step?

Upon your arrest for drug possession, law enforcement will likely make efforts to gather more information about the incident. Their objective? To substantiate their case against you. Their most common procedure is to attempt to get you to talk, probing questions about the drugs' origins and ownership. Succumbing to this pressure can lead to unintended self-incrimination.

Remember, as soon as you express your desire for an attorney, the police must cease their questioning. It's akin to a protective shield that you have at your disposal. So, irrespective of the circumstances leading to your arrest, always request legal representation.

Maintain Silence

Once you've asserted your right to an attorney, the next crucial step is not to provide any further information, especially voluntarily. Silence, in this scenario, is truly golden.

Police Conversations - A Potential Minefield

If there's one thing to keep in mind after being arrested for drug possession, it's that every word you utter can and will be used against you. Sometimes, the police may employ tactics or phrase questions in ways that might tempt you to speak. Your best bet? Stay silent. Reiterate your request for an attorney if pressed.

Avoid Using the Jail Phone

Another pivotal point to remember is the jail phone system. It might seem harmless, even tempting, to call someone and narrate your ordeal, but this could be a grave mistake.

All jail phone conversations are monitored and recorded. Anything you discuss, particularly about the arrest or any related event, can be used as evidence in court. Given this risk, avoiding any detailed conversation about the incident is paramount.

It's not just about protecting yourself, but also shielding those close to you. If a friend or family member tries to discuss the specifics of your arrest, advise them to refrain. Instead, let them assist in getting you an attorney who can guide you in person and offer strategic counsel.

Secure an Attorney

Now that you've maintained your silence and avoided potential pitfalls, the subsequent step is finding an attorney who specializes in drug possession cases.

Every case has its nuances, and drug possession cases are no exception. By securing an attorney with specific expertise in this area, you increase the chances of a favorable outcome. They'll be well-versed in the intricacies of such cases and can provide guidance tailored to your situation.


Being arrested for drug possession is undoubtedly a daunting experience. By adhering to these steps and prioritizing legal representation, you can navigate this trying period with more confidence and a clearer understanding of your rights. Should you need further guidance or assistance, don't hesitate to contact Brett Willis Law today. We're here to support and guide you every step of the way.

About the Author

Brett Willis

When the government has charged you with a crime, Brett Willis is the man to see. Brett has been winning the most difficult and serious cases since 2005.


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