Drug Crimes Legal Questions

Usually, when a person states, “I was not read my rights!” they are referring to their Miranda Warnings/Rights. Miranda Warnings protect people from being compelled in any criminal case to be a witness against themselves. The Miranda Warnings/Rights are: (1) You have the right to remain silent; (2) Anything you say can and will be used against you in court; (3) You have the right to consult with an attorney and have an attorney present during questioning; and (4) If you cannot afford an attorney, one will be provided to you before questioning at no cost to you. However, many people misunderstand when a peace officer is required to give them Miranda Warnings. A suspect is only accorded Miranda protections during a custodial interrogation. Both elements (i.e., custody and interrogation) must be present before the peace officer is required to give Miranda Warnings. That means peace officers are not required to give Miranda Warnings when they are still in the investigatory stage. For instance, a peace officer is not required to give Miranda Warnings when he asks a person suspected of driving under the influence if they have been drinking or asks them to conduct field sobriety tests. This is because the peace officer is still trying to ascertain whether a crime has been committed (i.e., The Investigatory Stage). That said, in Utah, a person is in custody when an individual’s freedom of action is curtailed to a degree associated with a formal arrest. The inquiry is objective, and a person may understand himself to be in custody based either on physical evidence or on the nature of the peace officer’s instructions and questions. Utah Courts have set out a five-factor test to determine when a person is in custody for the purpose of Miranda protections. They are: (1) the site of the interrogation; (2) whether the investigation focused on the accused; (3) whether the objective indicia of arrest were present; (4) the length and form of the interrogation; and (5) whether the accused came to the place of interrogation freely and willingly. In Utah, after it has been determined that the accused was in custody, the court must decide whether the accused incriminating statement was the product of interrogation. Interrogation is either express questioning by the peace officers or its functional equivalent. And, it incorporates any words or actions on the part of the peace officers that they should have known were reasonably likely to elicit an incriminating response.... Read More

The police officer most likely wants you to participate in a controlled buy.  There's a good chance that if you don't participate you will be charged with the Class A misdemeanors of possession of less than 35 grams of marijuana and possesssion of drug paraphernalia. This answer does not create an attorney/client relationship.  ... Read More

The most important thing for you to do is to hire a good lawyer and await the results of his/her investigation. Just because you've been arrested and charged with those offenses doesn't mean they are good arrests. There may be issues with the arrests. If, for example, there was a violation of your 4th Amendment rights, the cases could potentially be dismissed.  If you've never had any previous criminal convictions you are certainly eligible for probation. But, adult felony probation is no picnic. The full range of punishment on a 2nd degree felony is 2-20 years in the pen. Your criminal history (or lack thereof) as well as the circumstances of this arrest are what will determine whether probation or time is offered by the State. Make sure there is no way to beat these charges before you prepare to accept probation.... Read More

If it was dismissed you should be able to get it expunged. That process should remove the arrest record from existence. Also, once properly expunged you can deny the arrest ever happened. Usually it's a process I get done for my clients that does not require them to appear in court. So, I wouldn't give up in your dream job just yet. You may be able to get your record cleaned up enough to get the job. ... Read More

I'm not an immigration attorney, so I can't give you advice as to what his chances of remaining in the Country are if he is convicted. BUT, I do handle criminal cases, such as the drug case. And I can tell you what has happened to me from experience. I tried a case last week. My client was charged with Assault-family member. I won the case for him; he was acquitted. Unlike your brother, my client had no legal status in this Country. He had an ICE hold on him from the very start. After our trial he was transferred to the custody of ICE. However, he was NOT DEPORTED. Because he was found NOT GUILTY, he was released (after they verified that he has his GED). So, I cannot tell you what will happen with your brother's immigration issues. But, I will tell you the most important thing for him is to fight the drug case. If he can beat it, I would think he has a much better chance of remaining in the Country.... Read More

You need to attend your first court date.  If you have an attorney, they will advise you on whether to attend or not.  The Court, most likely, will require you to retain an attorney or if you qualify, they would appoint a public defender. This answer does not create an attorney/client relationship.... Read More

Always remember: you can beat the rap; you can't beat the ride. Translation: if the cop suspects you of just about anything, it's likely they can justify an arrest and take you to jail.  To answer your question directly: there is a test called a DRE that cops use nowadays to try to determine whether a person is high. I'm not saying it's a reliable test, or in any way a reliable arbiter of recent drug use, but it's the current test being used by them to substantiate such claims. Mostly, it's used in DWI cases, but there is certainly the potential a cop could call in a DRE on a PI case.  Also, they often use one of the DWI field sobriety tests as a tool for justifying probable cause to arrest for PI. If a cop asks you to stand still, and follow the pen/pen light/finger with your head only, he is using that test. Also, if you smell like weed, the case law will allow them to stop you and investigate. If they smell it in your car they can also stop and investigate. Red eyes can be a factor used in a probable cause analysis, as well. If they observe those things I just mentioned, and you deny being high, they can still ask you for a urine or blood sample. You can still refuse. And they can then, if it's that important to them, draft up a warrant application and ask a magistrate to sign a warrant for your blood. So: if you smoke - keep an extra clean shirt handy, chew gum, and deny, deny, deny.... Read More

It would be a good idea to retain an attorney.  First, he doesn't want a drug related conviction on his record, there is currently no way to expunge (remove) such an offense.  Secondly, a plea of guilty or finding of guilt have can have collateral consequences to his driver license under Missouri's Abuse and Lose Law.  That would require a 90 day loss of driving privileges as well as having to take a $485 SATOP class to get his driving privileges back.  Finally, if the charges are in State Court, he could be found ineligible for federal financial aid. Thank you, This answer does not create an attorney/client relationship.... Read More

i would need to see the precise three charges. why were you charged with poss of cds and possession of marijuana ? depending upon the nature of the three charfges, you may qualify for a 'conditional discharge'. this would keep the charges off your record. please let me konw if we can help. ed dimon, esq. 732-797-1600... Read More

This answer does not create an attorney/client relationship.  You did not do what the court graciously asked you to do.  You are, therfore, in contemt of court (failure to do what the court ordered).  I am a S.C. lawyer and board certified internal medicine physician.  My advice is to hire a lawyer to try to get you out of a mess that you have created for yourself by basically disrespecting the court. Regards, I am Michael G. Sribnick, M.D., J.D. Attorney Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More

If you were in the car and there were drugs in the car, you can be charged with possession of those drugs.  Being charged in a crime is not the same as being convicted so it is important that your lawyer know all the facts of the case, including whether you were with anyone else in the car, whether the drugs found were the same kind as the drugs you overdosed on, etc.  ... Read More

Before you make any statements to law enforcement, you need to contact an attorney in your area. Thank you, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This answer does not create an attorney/client relationship.... Read More

There are many ways in which this is possible. For example, if your son-in-law said that he had just smoked the crack cocaine with Mom, then he could be considered to have "constructive possession" of the crack cocaine.  Just because it was not on him at the exact time he got arrested did not mean he can't be charged with it.  Here is a classic example: Drug dealer gives patsy 1 kilo of cocaine. Drug dealer can still be charged with possessing the cocaine, and distributing the cocaine, even though patsy is the one arrested for it.   ... Read More

This answer does not create a lawyer/client relationship.  I am a S.C. lawyer and board certified internist.  I would suggest that you hire a lawyer in this case.  It sounds like you need the protection that only a lawyer will give you.  A wife does not have to testify against her husband, but if you were involved in the drug crime either directly or indirectly or benefitted from the proceeds, you do need a lawyer to protect your interests. Regards, I am Michael G. Sribnick, M.D., J.D. Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com  ... Read More

Hi there.  Do you live in Georgia, and did you when you were pregnant?  There are a lot of questions that must be answered when analyzing whether a lawsuit can help in a case like yours.  Have you talked to other lawyers and had your case reviewed?  If you are interested in having me review your case and talk 1 on 1, give me a call.  I can be contacted at 404 642 6333.     ... Read More