Those arrested for a drug offense in Ohio usually expect to face state prosecution. However, they may sometimes end up facing federal charges instead.
Those who’ve been recently arrested by federal investigators and indicted in federal court will have a challenging process ahead of them if they seek to prove their innocence and avoid the worst possible consequences for their federal drug charges.
Making use of one’s basic rights
The most important thing someone taken into federal custody for a drug offense can do is to know and use their rights during their interaction with law enforcement. Those under arrest have the right to remain silent, meaning that they do not have to discuss their situation with investigators or federal law enforcement professionals at all. They also have the right to speak with an attorney and have them present during any interaction with investigators. Making use of that right will be of the utmost importance for those hoping to avoid mistakes that could complicate their situation or lead to secondary charges.
Avoiding common interview mistakes
Those talking to local police officers during an investigation might tell the officers that they don’t know the answer to a question as a way to get out of implicating themselves. Such a tactic could very easily backfire during the federal investigation. Any inaccurate statements made to federal investigators, including a claim that someone does not have certain information, could directly lead to federal criminal charges. Lying to investigators is a crime in and of itself that the federal government can pursue even when it doesn’t have enough evidence to establish that someone broke other laws.
Avoiding over-sharing while in federal custody
People who believe they might soon face federal prosecution often become so anxious that they cannot make rational decisions. For example, they might call family members or acquaintances to advise them of their arrest and then say something during the call that implicates them. Telecommunications from within a federal facility will be subject to recording and review. Even statements made to other people held at the same facility, possibly in an attempt to look intimidating and avoid harassment, could lead to that party becoming a jailhouse informant and repeating those statements in front of a criminal court later.
It is often what someone says and does after their initial arrest that helps the federal government build a case against them. Knowing what to do and what not to do after a federal drug arrest can make all the difference to the outcome of someone’s criminal case.
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