Drug Arrest Process in Montgomery County
The typical arrest procedure for someone facing a drug-related charge in Montgomery County, whether it is a car stop or an arrest on a warrant at someone’s house, involves being taken to the jail or processed before a magistrate judge at a preliminary arraignment. That means that they would come before some authority that would set the amount of bail. Immediately following an arrest, it is best to reach out to a knowledgeable drug attorney.
An experienced defense attorney could explain the drug arrest process in Mongomery County and help build a defense to avoid a conviction. They can ensure that your rights are protected through all stages of the drug arrest process.
How The Type and Quantity Of The Drug Could Affect The Charges
The type and quantity of the drug, whether it is heroin, PCP, methamphetamine, or marijuana, could affect the drug arrest process in Mongomery County and the potential penalties. A larger quantity of drugs may cause the arresting officers to consider bringing additional charges and investigating more thoroughly. If it is simple possession of narcotics, a driving under the influence charge, or possession of drug paraphernalia, they may be released and just given a summons for their next court date.
A more serious charge or a high quantity of drugs with more severe penalties attached would usually cause the magistrate judge to set a higher bail amount. If it is a small amount of marijuana or other narcotics, a magistrate judge may impose a small bail amount and release a person on their own recognizance. They could be required to come back for their next hearing and would be given a subpoena. If it is a more severe and substantial crime of felony possession with intent to deliver, then they may be held on some bail amount. Until that bail is paid, they would stay in Montgomery County jail.
Aggravating Factors For a Narcotics Offense
There are different aggravating factors that could impact the urgency of the drug arrest process in Mongomery County. The prosecution and the judge do not treat every drug charge the same. Some of the aggravating factors could be a suspicion that there was gang involvement in the production or distribution of the drugs as well as as a prior criminal history with previous drug charges. Additionally, a multi-jurisdiction investigation involving different counties, or different states to target a specific brand of drug or a specific group of people that they believe are selling the drugs could be an aggravating factor. Those are all factors that the judge and the district attorneys would take into consideration when assessing the seriousness of the case, along with other factors such as prior criminal behavior or lack of remorse.
Who Is At Risk Of Facing Consequences in Montgomery County?
All people at the scene of a drug arrest could be at risk of facing the consequences. They could be potential witnesses or potentially arrested for drug-related crimes, even if they are not involved. Depending on the circumstances, the police and the district attorneys may allege there was a conspiracy to possess and distribute the drugs. For example, if an individual is present at the scene but did not physically have narcotics on them could be charged and found guilty of an intent to possess the drugs and distribute them.
If someone is arrested, does not physically possess drugs, but is being charged anyway, they should consult a lawyer about how to defend against these charges. The prosecution has to prove the possession of the controlled substances beyond a reasonable doubt and also prove the person’s intent to distribute beyond a reasonable doubt.
Avoiding Arrest
A person might not be arrested if it is clear that they have no involvement or no knowledge of the drugs that are being possessed. For example, if there are four people in a car and one person in the backseat is found to have drugs in their possession, the police might not arrest the rest of the passengers if they do not believe they had any knowledge or intention to possess those narcotics. It does lead to the issue that those people are possible witnesses. If they have favorable testimony, they could be called by the defense to talk about the circumstances of the case.
How a Drug Attorney Could Help
Individuals could face serious consequences if convicted of a drug offense. Immediately following an arrest, individuals should seek help from an experienced drug lawyer. They could help you understand the drug arrest process in Mongomery County and help you fight the charges. Call today to learn about what may be possible in your case.