What Are Some Things That Can Mitigate A Drug Case?
The absolute best rule to follow is, silence is golden. You have a right to remain silent; you will see it on the back of my card, which I give to all of my clients. The card has a statement of constitutional rights and it says politely, “I’m not trying to be an ass, I understand my rights, I’m not consenting to any searches, I don’t want to say anything without my attorney, I’m not consenting to anything, I just don’t want to say anymore.”
That’s what you do; you shut up. Every judge will acknowledge your right to remain silent and no one will hold it against you, so don’t say anything; whatever you say, the police will twist it. Don’t nod your head, or do anything funny; just say, “I’d like to speak to my attorney,” and sit tight until you do.
They say there is a dilemma but a lot of people get it. Let’s say you’re caught with a half-ounce of coke, which is just under a class X; it’s a class 1 non-probationable; they arrest you, but while you sit in the police station, the drug cop says, “Look, we want to help you out; we know you’re not the big fish but you’ve got to help us out; you’ve got to make deliveries for us, do a search warrant for us, you got to do this, you got to do that.” As soon as you open your mouth and say, “Yes, that was my meth that I was doing”, you’ve screwed yourself.
They want you to start helping them right away so you’ve got to be steadfast. They’ll threaten you with taking your kids or send you to prison for a long time, but you can’t consent to anything; not to them searching your car or your house; nothing. Being arrested in your car doesn’t give them probable cause to get a search warrant to go into your house, but if you tell them there are more drugs in the house, you’ve just given them that.
The only thing anyone should say is, “I want to talk to my attorney.” You will go to jail, your attorney will post your bond, and he will get court supervision nothing on his record could buy. If you speak, there’s a good chance you’ll go to prison. If you never speak, you probably won’t, unless caught with kilos. In those cases, you may need to cooperate to stay out of jail, but that’s also potentially dangerous.
One of my clients was killed for ratting on someone else, because he was trying to cooperate. I’ve seen cases where police and drug agents protect you while their case is going on, but as soon as it’s over, they have no more use for you, leave you on your own and laugh about it.
The safest thing is always to just sit and take your medicine, and to talk to your attorney. If they want to work out something with you later, they can, but you never know who’s watching you, and you have to do it carefully. Just be quiet and don’t consent to any searches of anything; there is never a benefit to doing that. They will put the screws to you first, and they’ll talk about doing something and maybe they will, maybe they won’t, but it’s just a really bad idea.
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