Q: Expecting drug possession charge - lawyers i've consulted (& cant afford) advise early action, low-income guy says wait.
No charges have been filed yet, but it's likely to be a 5th degree possession charge. There may have been some irregularities in the events that lead up to the search and seizure. I have not been arrested or charged yet, but the cops (as they tend to do) pressed me to offer them info, which I have no interest in doing.
Several of the private attorneys i've talked to during free consultations have stressed that even when police cooperation is off the table, having an attorney during the pre-charge period can make a big difference for other reasons. The low-income public defender I met with today just shrugged and said, hey duh, they want your money. Don't worry, just wait for your summons. But he did not offer any substantive rebuttal.
I don't know any lawyers, and I can't afford to hire one. What are my options here?
A: My private practice is focused on marijuana and drug cases in Minnesota. I talk to a lot people who've recently been searched or arrested. Usually I recommend waiting to hire me or another defense attorney until charges are filed. Why? In some, albeit small, percentage of these situations, the person never gets charged. Is it ever a good idea to hire a lawyer pre-charge? Yes. When? If the person is experiencing ongoing police harassment or contacts, you'll benefit from pre-charge representation. There are some other situations where it makes sense, but usually the person knows this in their gut, it they do. Other than that, if in doubt, call me. You can also look at my website, which has many informative pages on marijuana and drug defense in Minnesota, as well as on pre-charge counsel. Nine times out of ten, the police are done after the initial bust and "snitch speech" or soon after. Avoid contact or words with police. Prepare for another potential search. Never consent to another search. Prepare to hire a lawyer once charged. If you don't have a job, definitely take advantage of public defender representation. Public defenders tend to be great criminal lawyers. The big advantage of a private criminal defense lawyer is the time you are paying them to spend on your case.
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