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6 Key Steps to Protect Yourself After a Drug Arrest
When you’re facing drug charges, especially when there are enhancements for being in a school zone, it can feel like the odds are stacked against you. But no matter what you’re accused of, you still have rights and legal options to fight against the charges. At Panella Law Firm, we understand how challenging these situations can be and how aggressively the government in Orange County prosecutes these charges. But our team is here to challenge the evidence, find holes in the prosecution’s case, and do everything we can to build the strongest possible defense. If you’ve been arrested, understanding what to do — and not do — next can help protect your rights and strengthen your case later on.
1. Exercise Your Rights
When an officer says, “Anything you say can and will be used against you,” they mean it. Being aware of your rights can ensure you don’t inadvertently compromise your defense by giving a statement to investigators without an attorney present. You have the right to remain silent — and for that silence not to be held against you or viewed as an admission of guilt — and you have the right to legal counsel. In your first interaction with officers when you’re arrested, it’s critical to let them know that you want to speak to an attorney and are invoking your right to stay silent. Once you do this, they can’t ask you any more questions until your attorney is present. This ensures you aren’t swayed by leading questions or pressure tactics and helps your defense.
2. Don’t Talk About the Case With Anyone Other Than an Attorney
When you’ve been arrested, especially on serious charges like selling a controlled substance within a school zone, it’s normal to want to discuss the situation or even proclaim your innocence to family, friends, and others around you. However, it’s critical to avoid discussing any aspect of the case — even if you think it’s minor and irrelevant — with anyone other than your attorney. This includes over the phone from the jail if you call a family member or via text or social media. Investigators can get access to all of these communications, and the prosecution can skew what you say to fit their narrative: that you’re guilty.
3. Ensure You Understand the Charges
Being accused of selling a controlled substance within a school zone goes far beyond simple drug possession charges. Depending on the type of substance, you could potentially face a second- or even first-degree felony charge. A conviction for a first-degree felony in Florida is punishable by up to 30 years in prison and a fine of up to $10,000. In most cases, a school zone is defined as being within 1,000 feet of a school or child care facility. This could include more property than you think, potentially expanding into neighboring streets and even commercial properties in urban areas like Orlando. If you don’t believe you were within a school zone, your attorney can check the legal bounds of the property to determine if this enhancement shouldn’t apply to your situation.
4. Be Upfront and Honest With Your Attorney
You will have the opportunity to initially meet with your attorney in private, whether you’re still being held in custody or were bailed out. It’s essential to be as open and honest as possible during this conversation. A defense attorney isn’t there to judge or determine whether you are guilty or should have handled a situation differently. They are there to ensure that you get the strongest defense possible. Hiding even minor details can backfire later if the prosecution discovers them and your defense team isn’t aware. An attorney needs the whole picture to determine the right defense strategy for your case.
5. Discuss Potential Defense Strategies
Many people think that a trial is the only option when they’re arrested on drug charges. In reality, there are several defense strategies an attorney might discuss with you. In some cases, it’s possible to get charges reduced or dismissed entirely if there are issues with the evidence. For example, an attorney may argue that the search and seizure violated your Constitutional rights or that you weren’t actually in an area that meets the legal definition of a school zone. An attorney’s role is to scrutinize every aspect of the case because just one police mistake or evidence issue could open the door for your defense. Your legal team will also discuss with you the pros and cons of other options, such as a diversion program if one is offered or a plea bargain.
6. Prepare for Every Possibility
While working with an experienced defense attorney is the best thing you can do for your case, it’s essential to prepare for every potential possibility in case things don’t go as you hoped. Your charges could get dropped or reduced, but if you have to go to trial, you need an attorney who is ready and willing to defend your rights. An attorney will discuss all of the best and worst-case scenarios with you and provide information on what happens if you’re convicted, such as whether you can appeal or what consequences it may have on other areas of your life.
If you were arrested for selling a controlled substance in a school zone or another drug charge, call the Panella Law Firm at 407-602-6559. Our Orlando legal team is here to aggressively defend you and work toward a positive outcome.
