Common Client Mistakes That Hurt Their Drug Case
Interviewer: What are some mistakes that some people make when they’ve been arrested for any type of drug charge? What are some of the mistakes that they typically make?
John Reade: The biggest mistake is usually talking to the police. The second biggest mistake is usually allowing a police officer to search something without a warrant – in other words, giving them permission to search. A lot of times, the police officer will say, “Well, if you don’t give me permission to search, I will go get a warrant.” They may be able to get a warrant. They may not be able to get a warrant.
A police officer will also sometimes say, “Well, it will weigh in your favor if you give consent to search versus if you don’t give consent.” It will not make any difference, if you do not give consent to search versus if you give consent to search, other than if you give consent to search you made the police officer’s job easier and probably eliminated the ability to argue that the search may not have been legal. Furthermore, sometimes if you do not give consent the police officer may not be able to obtain a search warrant.
Interviewer: You would say it’s like an intimidation factor sometimes, as far as someone who wants to do the right thing?
John Reade: Yes. “If you do this, we’ll go easier on you.” That is rarely the case. The end result will probably be exactly the same. You are just giving them evidence, that they may potentially not be able to use against you.