What are my options if I was wrongly accused of drug possession? 63 Answers as of July 08, 2013

A friend brought drugs into my sister's apartment. When police arrived he said the drugs were mine. I have been summoned to the police and apparently have a warrant out for my arrest.

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Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
If you are being charged, you need to get an attorney to represent you. Do not say anything to the police until you have retained an attorney. Keep in mind, it is up to the prosecutor to prove your guilt. It is not up to you to prove your innocence.
Answer Applies to: Michigan
Replied: 8/24/2011
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
Retain our office and we will turn you in, get a court date, and defend you against the charges.
Answer Applies to: New York
Replied: 8/22/2011
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
You need an attorney. Also, there is a difference between "wanted for questioning" and a "warrant for arrest". You need to know which it is. However, practically speaking, the result is the same: You need to talk to an attorney before meeting with the police and/or turning yourself in to custody.
Answer Applies to: Missouri
Replied: 8/17/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
Contact an attorney right away. Do not talk with the police alone.
Answer Applies to: Alabama
Replied: 8/15/2011
Attorney at Law
Attorney at Law | Steven C. Bullock
Your only smart alternative now is to hire an attorney. The attorney can find out exactly what is happening and make arrangements to turn you in for arraignment.
Answer Applies to: Michigan
Replied: 8/13/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    You should hire an attorney.
    Answer Applies to: New York
    Replied: 8/13/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Your options if you were charged with the possession are either to challenge the charges in court by pleading not guilty and going to trial, or to enter a plea bargain.
    Answer Applies to: Kansas
    Replied: 8/11/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Hire a good certified criminal law specialist. He or she can evaluate the case and represent you in your case. An attorney can also arrange for your appearance in court, help with you bail and ease the process of your likely being arrested.
    Answer Applies to: California
    Replied: 8/11/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You need to retain an attorney to review the evidence, to determine if the search was valid, and what evidence ties you into the commission of the crime. At worst, you'refacing a trial, and possible conviction. If summoned to thestation for questioning, do not make a statement without having a lawyer with you.
    Answer Applies to: Illinois
    Replied: 8/11/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    You're kind of up a creek. If the drugs were within your reach, they're yours.
    Answer Applies to: Washington
    Replied: 8/11/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Dump that SOB. Then check with the local sheriff to see if you have a warrant before you talk to police.
    Answer Applies to: Texas
    Replied: 8/11/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Thank you for your inquiry You should immediately retain an attorney to discuss your case BEFORE you make any statements to the police. You may regret it later if you try to do this on your own now. The attorney may be able to negotiate a favorable bond before you are arraigned, avoid your getting arrested on the warrant, and avoid your making any incriminating statements, among other things.
    Answer Applies to: Michigan
    Replied: 8/11/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    You need to immediately hire an experienced criminal defense attorney to represent you. If the police have summoned you and/or there is a warrant for your arrest, there is no time to waste. Do not say anything to the police without first consulting/firing a lawyer. Let your lawyer speak on your behalf and defend you. Good luck.
    Answer Applies to: California
    Replied: 8/10/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    There is a lot missing from this post. You should hire an attorney
    Answer Applies to: California
    Replied: 8/10/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You need to fight the charge and hire a lawyer. You have an absolute right to remain silent and should do so. I you where not at the locate when the cops arrived then I doubt you can be convicted but do your part and keep your mouth shut and hire a lawyer, it truly is money well spent and remember friends don't let friends talk with the cops.
    Answer Applies to: Nebraska
    Replied: 8/10/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    The simple answer is that you need an attorney. If you go to the police department you will most likely be arrested and not released until you post bail.
    Answer Applies to: California
    Replied: 8/10/2011
    Night Life Lawyers
    Night Life Lawyers | Joshua Aldabbagh
    It appears you will have to defend yourself in court. Situations like yours are why the court system exists. Consult with a criminal defense attorney as soon as possible.
    Answer Applies to: Nevada
    Replied: 8/10/2011
    Brucar & Yetter, P.C.
    Brucar & Yetter, P.C. | Wayne Brucar
    You have a right to contest whether you were in actual or constructive possession of the drugs. You should consult with an attorney immediately so he can advise you on how to handle turning yourself in on the warrant. Your actions can have a significant effect on the proceedings of your case. Please understand that answering this doesn't create an attorney/client relationship between us, and as hard as I try to answer your question well, it isn't legal advice. No matter how much information you put into a question, the answers you are going to get are still going to be vague. It is in your interest to contact a lawyer, most of whom will do a free consultation. Even 15 minutes with a lawyer is going to produce a more specific answer to your problem.
    Answer Applies to: Illinois
    Replied: 8/10/2011
    Michael J. Gardiner, Attorney at Law | Michael Gardiner
    As to the "wrongful accusation" first you might need to avoid criminal prosecution. I recommend you "lawyer up." As to being summonsed to the police station, I recommend you "lawyer up"immediately and let your lawyer handle it from here.
    Answer Applies to: Rhode Island
    Replied: 8/10/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    At this point, it sounds like you don't have many "options". You don't say what type of drugs were found or how much, or whether money or scales were present as well. The letter would tend to indicate "possession with intent to sell". You also don't mention whether or not you have any kind of criminal history or prior drug offenses. If so this could add to your problems. Bottom line: consult with an attorney. Do not speak with police or investigators without the advice of legal counsel. If there is a warrant out for your arrest, an attorney can best help you deal with that issue.
    Answer Applies to: Washington
    Replied: 8/10/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    You need to be represented by an attorney. If you surrender on the warrant, the first thing you should do is assert your right to be represented by an attorney. That will limit the questioning they can do. You're going to have to fight the charges if they are brought against you.
    Answer Applies to: New York
    Replied: 8/10/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    You should speak to an attorney immediately before turning yourself in or speaking to police. An attorney may be able to negotiate to have the warrant lifted in return for your promise to appear in court or to meet with the DA. You should take every precaution to protect yourself in this type of situation. If you are seeking legal representation in this matter in Louisiana, I invite you to contact my firm at the information on this page for a free case evaluation.
    Answer Applies to: Louisiana
    Replied: 8/10/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    August 10, 2011 Do not talk to the police without an attorney. They will not believe your story and talking with them will only make a bad situation worse. You will almost certainly be arrested for this offense. I suggest that you hire an attorney. You will be required to prove that you did not bring the drugs into your home and that you did not know that the drugs were there.
    Answer Applies to: Alabama
    Replied: 8/10/2011
    Martin Law Offices, PLLC
    Martin Law Offices, PLLC | Matthew T. Martin
    Greetings - You need to speak with a Minnesota criminal defense lawyer immediately. Felony Drug possession carries severe consequences that you should not take lightly. You should also consider exercising your 5th Amendment right to remain silent. Even if your friend was to come forward and admit that the drugs were his and that he lied, you still run a risk of incriminating yourself. I suggest you seek counsel to assist in your defense. Moreover, a defense attorney can help with the process of turning yourself in and getting bail set /posted.
    Answer Applies to: Minnesota
    Replied: 8/10/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    Go to pd and turn self in. Do not say anything to police. Hire an attorney and fight case. Good luck
    Answer Applies to: New Hampshire
    Replied: 8/10/2011
    Law Offices of Jeffery A. Cojocar, PC
    Law Offices of Jeffery A. Cojocar, PC | Jeffery A. Cojocar
    Hire counsel immediately.
    Answer Applies to: Michigan
    Replied: 8/10/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Remember, anything you say to the police can and will be used against you. You should hire a competent criminal defense attorney and begin to prepare your defense.
    Answer Applies to: Michigan
    Replied: 8/10/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We are criminal defense lawyers in Augusta and Martinez and Evans, Georgia. We recommend you retain a criminal attorney ASAP to discuss all your rights and options, including possibly going to a jury trial. Good luck!
    Answer Applies to: Georgia
    Replied: 8/10/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    I suggest you consult a local Criminal Defense attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
    Answer Applies to: Florida
    Replied: 8/10/2011
    Lewis & Dickstein, P.L.L.C.
    Lewis & Dickstein, P.L.L.C. | Loren Dickstein
    You have one option...hire an attorney to help you. An experienced criminal defense attorney will be able to sort out your case and find a way to help you.
    Answer Applies to: Michigan
    Replied: 8/10/2011
    Smith & John
    Smith & John | Kenneth Craig Smith, Jr.
    You will need to hire an attorney to represent you. There are far too many issues involved to explain in this fashion.
    Answer Applies to: Louisiana
    Replied: 8/10/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You should retain an experienced criminal attorney to surrender you to the police, get you out on bail or ROR, and investigate the matter. Whatever you do it is critical that you do not talk to the police, answer their questions, or believe anything they say. Feel free to call for a consultation.
    Answer Applies to: New York
    Replied: 8/10/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    An attorney can easily find out if you have an outstanding warrant (for free.) It is your choice whether or not to talk to the police. I would not recommend doing so without an attorney but it's totally up to you. At this point, accusations have been made but that's all - no criminal case exists yet and may not if the police decided the evidence is not sound.
    Answer Applies to: California
    Replied: 8/10/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Make sure you do not speak to the police unless your attorney is present. They summoned you because they want you to incriminate yourself during an interview. Don't fall for it.
    Answer Applies to: California
    Replied: 8/10/2011
    Eric J Schurman, Attorney at Law
    Eric J Schurman, Attorney at Law | Eric James Schurman
    You need to hire an attorney right away. Do not speak to the police until you have an attorney
    Answer Applies to: Washington
    Replied: 8/10/2011
    Advanced Litigation Services
    Advanced Litigation Services | Joseph Iarussi
    The District Attorney must prove that you were in possession of the drugs (meaning that you had control or dominion over them).If they can not show that then you are likely to beat the case.
    Answer Applies to: Nevada
    Replied: 8/10/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Hire an attorney to assist you. This is the only smart way of dealing with this matter.
    Answer Applies to: Michigan
    Replied: 8/10/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    Consult an attorney who can help you with your possible defenses.
    Answer Applies to: Colorado
    Replied: 8/10/2011
    Michael R. Nack, Attorney at Law
    Michael R. Nack, Attorney at Law | Michael R. Nack
    I don't know what you mean saying that you were "summoned" to the police department. They do not serve any summons. Perhaps you meant that the police have asked you to come in. Do not do it!!! If they already have enough evidence to charge you, they will do so. The only reason they have to question you is to develop evidence to use to have you convicted. Talking to the police can not help you. It can only hurt you. The U. S. Constitution gives you the right not to answer questions or make statements to the police. Stand on your Constitutional right and protect yourself. If you are picked up by the police, they can hold you for up to 24 hours without charging you. If this happens, be strong, decline making any statements whatsoever, and wait it out. If you need a lawyer, you can call me. I have handled hundreds os cases like yours in the thirty-three years I have been practing law.
    Answer Applies to: Missouri
    Replied: 8/10/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    The first thing is to get a good attorney. Second do not talk to the police. Go into court and surrender yourself on the warrant. Do this with your attorney. You want to fight this it could screw up your life.
    Answer Applies to: Michigan
    Replied: 8/10/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    Say nothing to the police except I want a lawyer As long as you do not give police evidence against you and the facts are as you say - that case can be won by a decent atty
    Answer Applies to: Colorado
    Replied: 8/10/2011
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    Immediately hire a good attorney to fight the charge. You have no other real options.
    Answer Applies to: Maine
    Replied: 8/10/2011
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    I would need more facts before I could give a specific course of action. If the drugs were not yours you need to fight any charges. You need an attorney to get the facts and then to convince the prosecutor that you have been falsely accused or else go to trial and expose your accuser as the liar that he is!
    Answer Applies to: Washington
    Replied: 8/10/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    You can check with a bondsman to see if you have a warrant. If so, you can make a no-arrest bond by posting all of the cash or by paying the bondsman a fee. Do not talk to the police - especiallly if they have a warrant - without talking to a lawyer first. If they have a warrant, then they do not care what you have to say obviously. If they do not have a warrant, then it really depends on their attitude and what the other guy told them. There are many questions to be discussed such as why the police were there, how they got into the house, what connectors were there between he & the drugs, you & the drugs, and your sister & the drugs, etc. Go meet with a lawyer before you end up arrested.
    Answer Applies to: Texas
    Replied: 8/10/2011
    Law Office of Nixon Ayemi | Nixon Ayeni
    you need to hire a lawyer before you get picked up and the lawyer will help navigate the system without you spending time in jail and help prepare your defense.
    Answer Applies to: Minnesota
    Replied: 8/10/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    Whether or not you have a warrant out for your arrest it is probably best if you hire an attorney to represent you before you decide to go see the police.
    Answer Applies to: Hawaii
    Replied: 8/10/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    The best thing that you can do, which is almost standard advice, is to hire a lawyer. You may be thinking that perhaps you can just tell the police that the drugs belonged to your so called friend. The problem is that he already did the same thing and there is no reason for them to believe you over him. Even if they did tend to believe you over him, they would still probably just charge you both since they are not going to take the decision out of the jury or judge's hands. Hire an attorney who has some experience with Criminal Defense and practices in the area where you are charged. Let him/her guide you through this. It is almost universally true that you should never speak to the police about a crime. If there is an exception to this rule, it would only come after speaking to an attorney and probably having that attorney present. The police's job is to gather evidence. That's what they do. They are not there to help you. If they really wanted to help you, they would bother someone else and leave you alone. Think about it.
    Answer Applies to: Massachusetts
    Replied: 8/9/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    What can you do? Exercise the 5th Amendment right to SHUT UP and do NOT talk to ANYONE about the case except an attorney. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict.
    Answer Applies to: California
    Replied: 8/9/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    Do not talk with the cops unless you have a lawyer present and he or she gives a list of questions to the cops. The cops are allowed to lie to you up to a point to obtain answers. Generally, the best option is to get a lawyer who can best present the fact that you did not know the drugs were there and had no connection to them.
    Answer Applies to: California
    Replied: 8/9/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    First - do not talk to the police. Most people cannot handle an interview with the police properly. Anything you say is likely to be twisted, warped, contorted, misquoted or partially reported in an attempt to implicate you. That said, if you can stick to the truth,i.e., that the other guybrought the drugs, and you can do that despite the police's repeated attempts to threaten, coerce, trick and intimidate you, you might do yourself some good. Do not count on anything the police say - no promise of leniency or other reward, no threat, etc. They are not "just going to clear this up and you can be on your way". It will not "go better for you if you just honest with [them]". Do not be so foolish and naive. You probably will not heed my advice however, to your detriment. The police are allowed to lie to you. Got that? They surely will. They will tell you that your own sister said that the drugs were yours, and if you do not admit it, they are going to charge her too andCPS is going to take her kids away forever and the children will be adopted out to strangers, etc., etc., etc. Get the gist? Your question is broad and wide-ranging. I do not intend to teach you Criminal Law and Criminal Procedure in this reply. What I will tell you is that what you do depends upon a variety of factors. Do you have prior convictions? For drugs? Did you have yourself tested as soon as you got out of custody to prove that you had not been using drugs? Did the police take a blood sample from you? Do you have an alibi or any witnesses that can testify that the other guy brought the drugs to your sister's apartment (e.g., your sister!). Surely, someone at your own sister's apartment will help you to implicate the scumbag whotried to blame youfor his own drugs. Who knows? Maybe his prints are on the container in which the drugs were found. Maybe in can be shown by other witness testimony that he had the drugs.The only way a warrantcan be out for your arrest is ifa Complaint was filed. So, calendar your case and appear in court. If you have to surrender yourself in Court, so be it. Take a hired Attorney with you, or ask in Court forthe appointment of the Public Defender. As for release on your 'own recognizance'. The thing is,do you feel strongly enough aboutthe other guy's heinous actions to fight the case, even if you are eligible for Drug Diversion, pursuant to Penal Code section 1000? As to whether you have a defensible case or not, an experienced and competentAttorney would have to review all ofthe evidence, including witness interviews, after the police report is available. You did not mention why the police arrived in the first place, which is a curious omission.
    Answer Applies to: California
    Replied: 8/9/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    This is likely a felony. You need to retain a criminal defense lawyer now so he can attempt to talk to the DA and the court about releasing you without bail. Otherwise, if you are arrested you will have to post bail or sit in jail at least until your arraignment.
    Answer Applies to: California
    Replied: 8/9/2011
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    They probably just want to talk to you because unless they have more evidence there's nothing there than his word. When you go talk to the police take a lawyer with you, it doesn't make you look guilty, just aware of your rights. And if you cannot take a lawyer keep your answers short, factual, and if they start leaning on you ask if you are under arrest, if they yes then stop talking and tell them you want a lawyer. If they say no then tell them you are leaving and do so.
    Answer Applies to: Arkansas
    Replied: 8/9/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    Hire an attorney! Retaining counsel is ESPECIALLY important if you did not commit the crime. A criminal record of drug possession can hold high consequences and blemish your record.
    Answer Applies to: California
    Replied: 8/9/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    If you're being charged, the bottom line is that you're going to need a criminal defense attorney. Although your question was very short, the big question is: Why were the police there in the first place? Was their search legal or can the evidence be suppressed? From there, how are they going to prove that YOU possessed it instead of your friend? The entire case, including the police reports and witness statements are going to have to be analyzed in detail for a final answer as to what your best defense is.
    Answer Applies to: California
    Replied: 8/9/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    You should go with your attorney to the police and have them question you with him present. That is your 6 th amendment right. You will recall that that is part of what the police tell you when you are arrested. This and remaining silent are always your best choices. The police have the burden of proving that you had control of the drugs. This can be established if they were in your jacket or backpack or the like. Conversely, if you can show that the drugs were in the others jacket etc., or that the drugs were out in the apartment and you do not live there that will help. All cases like this are very fact based and one little fact can change everything.
    Answer Applies to: California
    Replied: 8/9/2011
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    Don't be dumb enough to talk to the cops. They are not there to help you; they are there to help themselves put a case together, and if they can put two cases together [joint possessors], they will happily do so. It's obviously a case that needs to be fought.
    Answer Applies to: California
    Replied: 8/9/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    You are not guilty. Don't go to the police department for an interview. The prosecution will have to prove "constructive possession" of the controlled substance. This is not an easy task. There are also plea bargain options available to keep the conviction off your record.
    Answer Applies to: Minnesota
    Replied: 8/9/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    Retain a lawyer. Where were the drugs found? Why were the police called. There are several issues to explore. I am a former federal and State prosecutor and now handle criminal defense.
    Answer Applies to: New York
    Replied: 7/8/2013
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    You need an attorney. Do not make statements to the police without talking to an attorney. If the police intend to arrest you, have your attorney talk to them first.
    Answer Applies to: Washington
    Replied: 8/9/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    It is hard to properly answer your question without knowing where/what jurisdiction this occurred and what type of drugs (e.g., marijuana, cocaine) that is involved. There are different ways to surrender oneself to the authorities but you should not answer any questions without a lawyer being present.
    Answer Applies to: Washington
    Replied: 8/9/2011
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