Fairfax Drug Arrests
All people are at the scene of a drug arrest may be at risk of facing consequences because of the laws surrounding constructive possession. This means that a person could be arrested for a drug offense without having a drug be on their person. If you have a prior felony or drug convictions, then it may be likely that you could be held without bail during the arrest process.
This procedure of Fairfax drug arrests could be tricky to understand for this reason, and may only emphasize the need for a talented criminal defense attorney that could provide you with legal counsel. Contact a criminal lawyer today for a free consultation.
Arrest Procedure in Fairfax
Fairfax drug arrests may occur after coming into contact with law enforcement officers, such as a traffic stop. A law enforcement officer has authority to search a vehicle when the law enforcement officer has probable cause that an offense could have been committed in or around that vehicle.
If probable cause has not been established by law enforcement officers, then the defendant may not want consent to a search of the vehicle. A person may want to avoid discussing any knowledge or lack of knowledge of any substances that might have been found in or around their person or vehicle. Following an arrest, the defendant may be taken to a magistrate, who may then make an initial determination of probable cause and determine whether a defendant could have a bond set for them.
At the magistrate’s office, a bail determination may be made regarding whether the defendant could be released on bond or held without bail. Within a few days, the defendant may have to appear in court for an arraignment on these charges. At the arraignment, they may be informed of the charges specifically and be given the opportunity to either hire an attorney to represent them or to accept a court-appointed attorney if they are eligible.
Does the Type of Drug Affect an Arrest?
The arrest process may be determined by how serious the drug is. If it is a schedule one or schedule two substance, that may be treated more seriously than a substance on the lower schedules or marijuana. The weight may also affect the arrest process. More highly addictive substances could also lead to an arrest and being held without bail.
Rights of an Individual during a Fairfax Drug Arrest
Every citizen of the United States has constitutional rights, which include the fourth amendment right against unreasonable searches and seizures, the fifth amendment right against self-incrimination, and the sixth amendment right to counsel. Specific rights that an individual has during an arrest include:
- Right to refuse consent to a search
- Right to remain silent
- Right to ask for an attorney
All officers involved in an arrest have the duty to uphold these rights and could be a point for a Fairfax drug offense attorney to check out in a case.
Potential Next Steps Following an Arrest in Fairfax
Fairfax drug arrests are a very trying experience, especially if you have to deal with them by yourself. By reaching out to a talented criminal defense attorney, you could potentially bolster the strength of your case and make sure your rights were upheld during the arrest. Contact an attorney today.