Caught with drugs?

If you have been arrested for possession of drugs or narcotics, it is critically important that you consult with a professional criminal defense attorney like the team at The Benari Law Firm (www.benarilaw.com). We practice in Pennsylvania and New Jersey, where possession is still taken very seriously, and yes, people are thrown in jail every day for possession, even if it's only marijuana.

I know, I know, states are legalizing or trying to legalize marijuana every day and the issue of legalization is alive and well in the Media every day. HOWEVER, in PA and NJ it is still ILLEGAL! If you get caught in PA in particular, you will be charged with a misdemeanor. A conviction could lead to having the charge on your record until you are in your seventies, you could lose your license, your freedom, and be subject to substantial financial penalties.

You can reach my firm and talk to me at any time at our main office by calling (610) 566-1006. Please make sure you call a criminal defense lawyer immediately if you're arrested for drugs in Pennsylvania or New Jersey.

Do I talk to the police?

Listen, everyone wants to feel like they're an upstanding citizen and no one wants to feel like they are standing in the way of the police doing their job. THAT BEING SAID, you have an absolute right to remain silent whenever you are stopped by the police. It doesn't matter if they come up to you in a public place, if they stop you while walking in the street, if they pull you over in your car, or if they show up at your home. As tempting as it is to cooperate, it is almost NEVER in your best interests to do so before speaking with a professional criminal defense lawyer.

If you live in Pennsylvania or New Jersey and are stopped by the police, tell them the following:

"I don't mean to be disrespectful, but I don't wish to speak with you without my attorney, Arik Benari, present. Am I free to leave?"

If they say you are not free to leave then you are under a police detention and many other rights now apply to your circumstance. Stay quiet, be respectful, follow their directions, and contact my office as soon as possible (if you live in PA or NJ). If you live somewhere else, call your attorney as soon as possible or contact a friend or loved one and have them find someone for you right away. Most professional attorneys like myself can be hired by the hour for professional advice before deciding to hire them to represent you in any case you may have if the police end up filing charges against you.

Why didn't the officer read me my rights?

Understand, when you see people get read they're rights on TV, it doesn't mean that's how it happens in real life. As a general rule, if you haven't been read your rights, then the officers may not be able to use what you say to them to help convict you. Failure to read you your rights, however, does not mean that the arrest was illegal or that you now have a get out of the charges free card.

Justia

The Benari Law Firm is now represented through its managing partner's profile on Justia.com

Who do I call?

Many clients call and hire my team the day after he or she is pulled over. Naturally, they want to DO something to try and help their case. The first thing you have to do is take a deep breath and recognize that certain processes have been set in motion that you probably cannot stop. You will most likely be charged, summoned to court and asked to address the DUI charges at some point in the near future, but for now, just take a minute.

Before you start freaking out about what might happen to you... before you start worrying about going to jail or losing your license... and before you tell your family what happened... you should contact an experienced DUI attorney that has had handled plenty of cases in your county.

Unless you've been accused of refusing to take a breath or blood test by an officer, this is primarily a criminal matter and will come to pass according to very specific and prescribed procedures. If you did refuse the chemical test (breath or blood) you may have a civil issue with Penndot that you may need to address immediately. If you refused the test, you can and probably will automatically lose your license for a year, so make sure you call an experienced DUI attorney immediately and make sure to tell them you refused the test so they know what to do in order to advise you on what will have to be done to put a hold on that suspension. Generally, this means filing a civil appeal against PennDot's suspension.

Our team covers Delaware, Montgomery, Chester and Philadelphia counties. You can find us at www.benarilaw.com. We also have respected and experienced colleagues throughout the state, so if you need us to recommend someone, just call us at (610) 566-1006. Ask for me, Arik, and I'll try and get you the name of an attorney that will know how to best handle your case wherever you are in the Commonwealth.