July 20, 2021 - How to get Arrested for Felony Drugs and go to Prison – DO NOT DO THIS
NOTE: I wrote the below after a first discovery review of a Longmont Drug Task Force arrest for a Drug Felony 2, Possession with Intent to Distribute with many counts – the evidence view was like going to a drug store. I originally was frustrated that my client seemed to buy into the pleasantness of the officers and agreed to searches and answering questions he should not. Fortunately, upon further review, I found illegal search and seizure by Longmont police officers that showed they did not know about or care about the law of searching. [I see this more and more now – cops try to get consent to search, but they are going to search no matter to get the drugs off the street knowing that many lawyers will never challenge their actions.] Proper review of the police actions and research of the law convinced the Boulder District Attorney to dismiss the case. A sure prison sentence was eliminated by hard work by the right lawyer.
In case there is something to learn, I post my frustrated satire -
Go to a known drug dealer’s hotel. Park next to the known drug dealer’s car. Go into the hotel and come out. Drive away. Fail to use turn signal or come to complete stop or speed or some other traffic violation. Drive a known drug dealer’s car. Be a known drug dealer, even if you have not sold drugs in many years. When the police stop you, feel uncomfortable when they treat you pleasantly.
When they ask you to get out of the car on a traffic signal violation, agree without asking “do I have to?” When walking to the back of the car, volunteer you have a weapon on your person. Have a weapon on your person. Have drugs on your person so that when they pat you down for weapons, they can find it. Agree to being patted down because the cops are acting so nice. Keep your weed right next to your heroin/oxycontin/fentanyl or meth or cocaine so that when they find the weed, they also find the other drugs, not in the car, but in your pocket.
When the police say they just want you to be honest and you can go home, believe them. Believe the police when they say if you are honest, they will find a way not to jam you up. When the police ask you where you got the drugs, tell them where and give them names and locations and who else is present, without any agreement as to what that gets you in return, because they are so pleasant, and you want to be honest. Don’t say I would be happy to do that with my lawyer present.
Waive all your rights regarding search and seizure, getting warrants, don’t assert your right to a lawyer or for them to get a warrant, go ahead and talk to them, because they are friendly and seem nice. Don’t say “I do not want to talk without my lawyer.” Don’t say “I want my lawyer.” Don’t say “I do not consent to any search.” Forget what your lawyer has been telling you for years, after all what does he know. Do not keep your drugs in a locked box in a locked trunk, that is too much trouble. The extra 14 seconds is not worth saving a few years in prison or (if lucky) on probation and all that money on fees and drug surcharges.
Believe the cops when they say a K9 drug dog is coming. Trust police to tell you the truth. Oh, and get visibly nervous when they lie about the dog coming. Also, since you are nervous, go ahead and talk a lot so they can compare what you say to what your passenger says and then any lie is sign of criminality allowing a longer detention and supplying probable cause.
Don’t worry, you will calm down as they drive you to jail, after you have given them everything. At that time, think of the things you can tell your lawyer that are not true, so your lawyer spends time chasing bogus leads instead of actually helping you.
How to Avoid going to Prison on Drug Charges:
Rules to Follow:
- Keep items you want to keep private from the police in the trunk in a locked box.
- Do not keep any private items in the passenger compartment or on your person.
- Do not keep any weapons on yourself or in your car (i.e. guns, knives, brass knuckles, martial arts weapons, etc). Guns make drug crimes mandatory prison via special offender laws. Weapons allow police to support that you are armed and dangerous.
- Know your risk. Know the amount of a drug that causes a charge to level up. Just like speeding can be a small fine or one where you lose your license (jail and car gets impounded), when certain drugs get over a specific amount, your offense moves from misdemeanor to felony to mandatory prison felony to long mandatory prison felony.
- If police arrive, be ready to hand them drivers’ license, registration, and insurance if you are driving.
- Say nothing else except, “Do I have to?” and “I do not give permission to search” and “I want my lawyer.” Do it politely. Say my lawyer told me to do this. If they ask you if you have something to hide, respond, “I trust my lawyer.”
- Do not have a felony passenger.
- Only drive or ride in a car where the driver is legal, has insurance, registration and is sober.
- Only drive or ride in a car with working lights and valid plates.
- Do not have illegal drugs in your possession.
The above is not legal advice of The Savela Law Firm or any lawyer of the firm. Every situation is different. A person only becomes a client of The Savela Law Firm when they sign the agreed upon fee agreement and pay the agreed upon retainer. Until this happens, you are not a client of the firm. We encourage a prospective client to contact us immediately so that we can discuss your individual situation.
If you or a loved one has a drug felony in Longmont, or anywhere in Colorado, call us. We know how to find the evidence that gets the best result. We know when the police are illegally stopping, searching, and arresting. We can help.