5 TIPS TO REMEMBER IF DETAINED BY TEXAS POLICE ON DRUG CHARGES
Dealing with police officers can be a nerve wracking experience, especially if you are at risk of being arrested on drug charges. In the event that you are stopped by Texas law enforcement officers, one of the first questions that you should ask is: Am I being detained? If not, then: Am I free to leave?
In the event that the officer says that you are being detained on potential drug charges, there are several things that are important to remember.
It is important to protect yourself and potential future defense case even if you believe that you may be facing an arrest. The following reveals 5 tips that every resident of Dallas or the surrounding area should know during a detainment procedure. Following these tips can keep you safe during this unfortunate situation, protect your legal rights, and help maintain your innocence.
DETAINMENT IS NOT AN ARREST
Detainment is not the same as being arrested. Detained means that the officer has reason to believe that you may be involved in a drug-related crime. Although you are not under arrest, you are obligated to remain in police custody until released.
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.
5. CONTACT A DRUG CRIMES LAWYER
The first thing that you should do after being released from police custody is to contact a drug crimes lawyer. Acquire immediate legal representation after you are bailed out of jail, following an arrest, or even if you were not arrested but were detained by police. Detainment means that Texas law enforcement suspects you of a crime, and if evidence does surface, you could face an arrest in the near future.
A drug crimes lawyer can help you navigate criminal allegations of drug charges and avoid potential penalties that could result.
GALLIAN DEFENSE FIRM REPRESENTS DALLAS
Gallian Defense Firm represents clients who are facing allegations for drug crimes in Dallas and throughout the State of Texas. Gregg Gallian helps his clients build solid defenses against these serious allegations.
Reach out to Gallian Defense Firm today for more information and to schedule a free consultation.