5 TIPS TO REMEMBER IF DETAINED BY TEXAS POLICE ON DRUG CHARGES
DETAINMENT IS NOT AN ARREST
During this time police and potentially other law enforcement agencies will use this time to question you. How you choose to interact during this interrogation can be the determining factor as to whether you are set free, or you are arrested on potential drug charges.
You must comply with law enforcement during a detainment, whether or not you are involved in a crime. Failure to comply with basic requests is considered a crime under Texas law. Provide police with required means of identification, including your name, birthdate, and address. Do not overshare any other information.
2. KEEP ANSWERS SHORT AND SIMPLE
Just because you should comply with basic information does not mean that you are required to answer questions. Be polite but serious when answering questions and keep answers short. Refuse to answer any questions that could be potentially damaging to your innocence. When in doubt, remain silent.
3. BE OBSERVANT OF POLICE CONDUCT
Many drug charges are often dismissed in court because police acquired evidence and conducted an arrest that resulted from an illegal search and seizure. Compliance on your part is important in these situations because officers may not be observing their legal duties and responsibilities.Be observant of Texas law enforcement officers and their behavior. Instances where they do not follow protocol, including illegal vehicle searches and other discrepancies, have the potential to benefit any potential legal case that may follow. If you are arrested on drug charges following the detainment, be sure to note whether or not police read you the Miranda Rights. Failure to read these rights could result in illegitimate charges and case dismissal.
4. DO NOT PANIC
It is important to remember not to panic during detainment. Remember that Texas law enforcement officers are only legally allowed to detain you for a set number of hours. They will be required to release you if they do not secure evidence that constitutes an arrest.
Remain calm regardless of police behavior or misconduct. There will be a time to pursue these issues later after you are released. Reacting to police, including resisting, arguing with police, or attempting to flee would be damaging to your case and result in an arrest.