Dublin

Drug Arrests

Arrest procedures in drug cases can vary depending on whether or not the person was stopped based on reasonable suspicion and subjected to a warrantless search or arrested pursuant to an executed warrant. If you are facing a Dublin drug arrest, you may need help from a lawyer. By working with an experienced local drug attorney, you could ensure that you do not do anything that might jeopardize your case. By working with a criminal defense attorney early on in the process, you may be able to have your charges dismissed if the arresting officers did not legally seize evidence, conduct a lawful search, or make a lawful the arrest.

What Constitutes a Legal Arrest?

For an arrest to be legal, a warrant must be furnished with a declaration of probable cause, which could then be presented to a judge for signature. Once a warrant signed, the individual can be arrested in their home. Arrests can also be conducted without a warrant if an officer has reason to believe that the suspect is engaged in criminal activity. In these situations, probable cause could be developed based on the investigatory detention.

While there is generally no set arrest procedure for drug-related charges, someone may do something to attract the eye of law enforcement. Once the police develop probable cause, they could question the person and even conduct a limited search if the circumstances warrants it. If they find drugs, they could then make an arrest.

In other types of cases, the police might believe that someone is involved in drug sales. Law enforcement will often times involve confidential informants to engage in a controlled buy or conduct ongoing surveillance to have a baiss to present an affidavit of probable cause to a judge for the arrest of the person or a search of their home for further indicia of illegal activity that may ultimately lead to an arrest.  It is critical to enlist the assistance of a criminal defense attorney who can raise arguments about the sufficiency and reliability of the affidavit of probable cause and/or the credibility of a confidential informant among other pertinent issues regarding the scope of searches pursuant to a warrant or the legality of warrantless searches..

Risk of Arrest to Bystanders

Depending on the scene of a drug arrest, others present might be at risk of facing consequences. If somebody who lives with their partner or family is arrested in their home, their household members may face consequences depending on their own unique circumstances and criminal history/supervision status. An individual’s role in the home, their history, and how close they are to the drugs in question are the three factors that can determine whether or not someone is at risk of facing a drug charge themselves if they are present at the scene of a drug arrest.

If someone who happens to be walking down the street with a group of friends is stopped by police and subsequently faces a Dublin drug, their friends are likely in no danger of facing any consequences. An individual should not be arrested if they were unaware of the presence of drugs. There would be no reason to believe that the friends had any idea the arrestee was in personal possession of the controlled substance unless circumstances indicated otherwise (i.e. participating in a hand to hand drug transaction).

When Could a Bystander be Arrested on a Drug Charge?

However, if an individual’s arrest occurs while their friends were aware of the drugs and otherwise engaged in illegal activity related to the drugs (sales, use, etc.) or subject to probation or parole with a search condition, those factors could influence whether or not someone at the scene of the drug arrest faces consequences.

A Person’s Rights During a Drug Arrest in Dublin

At the time of a drug-related arrest in Dublin, people have the right to an attorney and to remain silent. Additionally, if a police officer stops an individual on the street, that person does not have to consent to a search unless they are on probation or parole. If someone is arrested for a drug-related offense in Dublin, he or she should not discuss anything with the police except for truthful information about their identity.

An Attorney Could Protect Your Rights After a Drug Arrest

If you have been arrested and taken into custody in Dublin on a drug offense, one of the next steps might be for you to be released on your own recognizance. Depending on the circumstances, you may not be released on your own recognizance, potentially requiring bail. If you are facing a Dublin drug arrest, it may be wise to work with an experienced drug crime defense attorney. Protect your rights in the criminal process by calling today.