Even though New Hampshire decriminalized marijuana possession, being arrested with marijuana is a distressing experience. However, it is imperative to remain calm and take appropriate steps to protect your rights. Cooperating with law enforcement, invoking your right to an attorney, remaining silent, and politely refusing a search can improve your chances of achieving the best possible outcome in your case.
According to Statute Id. § 265-A:4, you may also be drug tested to determine whether you are under the influence of controlled drugs while driving. Refusing a drugged driving test carries the following penalties, license suspension of 180 days or up to two years for subsequent offenses. To avoid hefty legal penalties, work with an experienced criminal defense lawyer at Hayes Law, PLLC.
6 Steps to Take If You Were Arrested with Marijuana
If you find yourself arrested with marijuana in New Hampshire, take the following steps to protect your rights and legal options:
1. Stay Calm and Cooperative
Upon arrest, it’s essential to remain calm and cooperative with law enforcement officers. Resisting arrest or engaging in confrontational behavior may exacerbate the situation and lead to additional charges.
2. Do Not Destroy Evidence
While you may think it’s a good idea, avoid eating or destroying your marijuana. According to Statute 641:6, your misdemeanor may be elevated to a Class B felony if you are caught. However, if you only possess up to ¾ oz of marijuana, you may only face a civil violation and up to a $100 fine.
3. Remain Silent
Provide basic answers to routine questions. If you are placed under arrest, you have a right to remain silent, as whatever you say can be used against you in court.
4. Invoke Your Right to an Attorney
Exercise your right to legal representation by requesting an attorney as soon as you can. This will provide you with professional guidance and advocacy throughout the legal process. Refrain from answering further questions until your attorney is present, as they will ensure you don’t inadvertently incriminate yourself.
5. Politely Refuse a Search
If a law enforcement officer requests a search, it is within your constitutional right to decline. Even if they do somehow find marijuana in your vehicle, an illegal search can invalidate their findings in court.
6. Preserve Evidence and Document an Arrest
Take note of the details surrounding your arrest, including the date, time, and location, as well as the names and badge numbers of the arresting officers. This information can be valuable for your defense and may help identify procedural errors or constitutional violations.
Consulting a criminal defense lawyer with experience handling marijuana-related cases can help you develop a strong defense strategy tailored to your case.
How a Lawyer Can Help If You Are Charged With Marijuana Possession in New Hampshire
Retaining the legal services of a knowledgeable and experienced criminal defense lawyer can make a considerable difference in navigating the legal process and obtaining a favorable outcome. The following are ways we can assist you if you are arrested for marijuana possession:
- Offering legal counsel and guidance
- Protecting your constitutional rights
- Developing a strong defense strategy
- Negotiating with the prosecution
- Providing courtroom representation
- Accessing resources and expert witnesses
- Offering emotional support
At Hayes Law, PLLC, we are your trusted ally from your initial consultation to resolution. We strive to achieve the most favorable outcome for your case.
Contact an Experienced Criminal Defense Lawyer at Hayes Law, PLLC
Facing an arrest for marijuana possession in New Hampshire can be a serious matter that requires strategic and knowledgeable legal representation. At Hayes Law, PLLC, we help you navigate the complexities of the legal process, ensuring your best interests and rights are safeguarded.
For more information regarding the specific steps you may need to take regarding a marijuana arrest, call us at (978) 314-4950 or fill out a contact form for a free consultation.
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