Although some states in the country have relaxed its drug laws, Texas has yet to do so. Drug offenses can result in harsh penalties, which could include expensive fines and jail time. This is why it is crucial to know what your rights during a Denton drug arrest. An experienced drug lawyer could help protect your rights by fighting by your side after an offense. If you are facing a drug arrest, contact an attorney as soon as possible so you could have the proper legal counsel for your case.
Constitutional Rights for Drug Arrests
The Bill of Rights in the U.S. Constitution gives people a wide range of protections that can apply to drug arrests. People’s rights during a drug arrest in Denton are protected by:
Fourth Amendment – the Fourth Amendment guarantees people the freedom from unreasonable search and seizure. This means that law enforcement needs probable cause or a search warrant to search someone’s personal belongings.
Fifth Amendment – the Fifth Amendment gives individuals the right to remain silent. This protects a person from being compelled to be a witness against themselves in criminal cases. An individual has the absolute right to refuse to answer any questions or say anything to the arresting officer. It is important for the person being arrested to remain silent and let their professional attorney handle any questions from law enforcement.
Sixth Amendment – the Sixth Amendment gives people the right to obtain legal counsel. This amendment also gives people the right to a speedy public trial and an impartial jury. The Sixth Amendment is in place to provide everyone with due process.
Police Searching a Vehicle
If the police officer believes that they have a legal right to search the vehicle, then they are going to go ahead and do that search. When it comes to a trial or in the case at a hearing of a motion to suppress, the question becomes if the officer had the legal right to conduct the search.
However, if the person consents to the search, then the defense for a drug arrest becomes harder. Even if someone believes they have nothing to hide from the police, they should never consent to a search. Law enforcement needs to have a search warrant to investigate the vehicle.
When someone gives consent to a search, they are potentially giving up the right to challenge what the officer finds, if they find anything.
How a Drug Lawyer Can Help
It is important to know that no matter how friendly the officer is, they are obtaining information for a case that the prosecution is going to making. If the officer says that they are going to get a warrant, a lawyer can attack specific elements in the warrant.
A seasoned attorney can help protect your rights during a Denton drug arrest. This is why it is essential to obtain legal counsel as soon as possible if you are facing a drug arrest. For more information regarding drug arrests, call a lawyer today.