what do you He was arrested on charges of drug trafficking This does not necessarily mean that you are part of a criminal network. In many cases, it all starts with getting disoriented or being in the wrong place at the worst times: finding a substance in your luggage, having a personal use limit in your pocket, or even being next to someone who was carrying drugs during a search.
However, confusion, police pressure and lack of knowledge of basic rights can lead to making irreversible mistakes and ending up in serious problems. Whether you are actually committing a crime or not.
In that moment, every word and every decision matters. from SIMÓ Criminal Lawyersan office specializing in Crimes against public health (drug smuggling, etc.), and has extensive experience in more specializations Criminal lawthey present a A practical step-by-step guide To learn how to act if you are arrested for drug smuggling.
In addition, they told us about their portal LawyerTrafficDrugs.com They collect useful legal information about criminal procedures, penalties, aggravating circumstances and the rights of the detainee.
1. Remain calm and do not give testimony without a lawyer.
The first impulse of many detainees is to try to explain their story to the police, believing that this will resolve the misunderstanding. However, our criminal lawyers warn against it Everything you say can be used against To be detained later.
“You should never advertise without an attorney present.”confirms Eduardo SimÓ, CEO and founder of SIMÓ criminal lawyers. “The right to remain silent and to obtain legal assistance is recognized in the Constitution and the Code of Criminal Procedure.”.
Before you speak, it’s important to understand what crime you’re being charged with, which the crime guide explains in detail. Drug trafficking crime.
2. Seek immediate legal assistance
Every detained person has the right to appoint a Trusted lawyer Or, failing that, appointed ex officio. In cases Drug trafficit is particularly recommended that you have Specialized criminal lawyer He is accustomed to this type of procedure.
From SIMÓ criminal lawyers highlight how legal proceedings in those early hours can be Determine the direction of the issue: “In drug trafficking crimes, advice at the police station is no less important than the defense during trial. The strategy starts from the first statement.”.
If the arrest occurs in the Community of Madrid, the Office also has the location Criminal Lawyer Madrid – Drug Traffickingwhere the specific steps that must be followed are explained.
3. Do not sign any document without reading and understanding it
During an arrest, police may ask the accused to sign statements, reports, or consents. If the content is not understandable, or if an attorney is not present, the wisest thing to do is to do so No sign nothing.
In the detailed guide on What to do if you are arrested for drug smuggling Explain why signing without understanding the scope of the document can lead to… Confessing criminal acts also Abandoning basic rights.
4. The right to be informed of the arrest
The detainee can inform a family member or trusted person about his situation. In the case of foreign citizens, there is also the right to do so Contact your consulate.
This step facilitates coordination with the attorney and avoids the feeling of being disconnected.
5. Do not resist or argue with agents
Even if the circumstances are unfair or confusing, resisting or arguing can make the situation worse. The accused could also end up facing a Crime of resistance or disobedience.
6. Request clear information about the reasons for the arrest
Every detained person has the right to know the specific facts of which he or she has been accused of committing a crime Drug trafficas well as existing evidence.
Legal portal LawyerTrafficDrugs.com Explains the most common criminal penalties and consequences of drug trafficking, allowing the detainee to better understand the situation: “Knowing exactly what you are accused of is the basis of any effective defence,” Simo Abujados points out. “Only in this way can the risks, existing evidence and how best to respond” be assessed..
7. Help in court: the decisive moment in the defense
Once brought to justice (usually within 72 hours), the detainee will testify before a judge. At this stage, the lawyer can:
- Review police procedures.
- Analyze records and listen or previous performances.
- Request for evidentiary procedures.
- Propose alternative measures to temporary detention.
8. Review the legitimacy of the evidence
Every lawyer should check whether the police respect basic rights:
- Was there a judicial warrant to search?
- Has the chain of custody of the drugs been properly maintained?
- Were the telephone interviews motivating?
- Were aggravating circumstances applied without legal basis?
You can find more information about aggravating, mitigating or modifying circumstances on the legal portal: Aggravating and mitigating factors for drug trafficking.
If a violation is detected, The test is invalidatedwhich may lead to acquittal.
9. The importance of criminal specialization
he Drug traffic It is a crime that can be punished up to Six years in prisonEven more so in the event of aggravating factors such as criminal organization or the presence of large quantities of substances.
Therefore, the presence of a public defender is not enough. It takes a Specialized equipmentlike SIMÓ criminal lawyers, who are able to act quickly and develop a solid strategy from the first minute.
“Every case is different, and every minute counts.”They remember from the office. “Our work begins from the moment of arrest, to ensure that the rights of the accused are respected and to prepare an effective defense from day one.”.
About SIMÓ Criminal Lawyers
SIMÓ Abogados Penalistas is the company with the best success rate in the criminal field in Spain. With a presence throughout the national territory, it has physical offices in Madrid and Murcia. Work exclusively on criminal law: drug trafficking, extradition, sexual crimes, traffic accidents with fatalities, homicides and other complex cases.