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How do I use my Miranda rights when I am being arrested for drug possession?

On Behalf of | Nov 14, 2022 | Drug Crimes

When an officer is placing you under arrest, the officer should inform you of your right to remain silent and that the Constitution entitles you to an attorney.

These are your Miranda rights. In 2022, it is now more difficult to sue officers who do not read you your rights, based on a recent court case.  Use your Miranda rights by saying nothing, asking for a lawyer or by waiting for the court to appoint you an attorney.

Say nothing

This is the most important and the most difficult to achieve. Officers know the law as well as anyone and will try to get you to confess or say incriminating statements. The best thing you can do is remain completely silent. For example, if you say you were only holding it for a friend, this does not help you.

Ask for your lawyer

If you do decide to speak, only do so to ask that your lawyer be present. A prosecutor will use anything else you say against you in court. If you think someone may arrest you soon, it may be helpful to rehearse or roleplay how to stay silent.

Wait for the court to appoint you an attorney

A phrase like “I cannot afford an attorney and I invoke my right to court-appointed counsel” should end the interview and cause the investigators to wait until the court appoints you an attorney. You will still wait in custody, but the officers will not be able to ask you any more questions.

Knowing your rights and sticking to them as early as possible can help your long-term chances.