Drug crimes are some of the most common offenses prosecuted in South Dakota. When police officers find people in possession of prohibited drugs or connect them to the transfer of substances, prosecution may follow.
Those worried about the aftermath of a recent drug arrest often have a lot of questions. Information can be crucial for those trying to plan for the future.
What happens after being arrested for a drug crime in South Dakota?
How long someone stays in custody after an arrest depends on several factors. Their prior record, the strength of their connections to the community and the severity of the offense all influence their eligibility for pretrial release.
Generally speaking, many people can secure their release after spending a single night or a weekend in state custody. In scenarios where the state suspects someone of trafficking offenses or involvement with particularly concerning substances high on the state drug schedule, such as heroin and fentanyl, people may need assistance securing release using bail or bond.
Typically, a judge sets the terms for pretrial release during arraignment. Those who act quickly can sometimes have legal representation and a plan in place when they attend their arraignment. A lawyer can often help reduce the requirements imposed on those seeking release pending their trial.
How drug defendants can build a strong defense strategy
South Dakota judges have the authority to impose relatively harsh penalties in many drug crime scenarios. It is therefore crucial to partner with a lawyer who has experience handling drug offenses in particular.
Lawyers can challenge the inclusion of evidence if police officers conducted an illegal search. They can also provide insight into common pitfalls inherent in different forensic testing procedures to question the credibility of specific evidence. Sometimes, they can help distinguish between actual and constructive possession, which can open the door to a new type of defense.
Occasionally, the party accused might be able to assert that they did not know that the drug was subject to controlled substances laws. Other times, what officers think is a drug might be an entirely different substance altogether. It may also be possible for those dealing with substance abuse disorders to pursue drug court adjudication or negotiate a plea bargain that can keep them out of jail.
Having the right assistance and advocacy can make a significant difference for those facing South Dakota drug charges. Defendants often need to begin developing a defense strategy as soon as police officers arrest them. Those who know and make use of their rights to remain silent and to acquire the assistance of an attorney may improve their chances of a favorable outcome.