The Lawyer advice for those arrested for drug trafficking, will be given to us, (for the writing of this article), by one of the most prestigious Spanish criminal lawyers, JAVIER RINCÓN BERNAL, (Director of RINBER ABOGADOS), to whom we are grateful.
A call is received in my professional office, where a boy, (the name doesn't matter), tells me that his brother has just been arrested at the police station in city "X". Logically, nervous and lost, the first thing I do is try to calm him down. It is 20:00 in the afternoon, today, Monday, (the month and the year do not matter). My professional experience, as criminal lawyer, a little over twenty years old, leads me to the conclusion that, (and if you allow me the expression), "Not an American-type van, loaded with lawyers dressed in black, will be able to get this boy's brother out of the police station that afternoon."
Have the police called me to inform me that they have arrested a relative?.
The police communicated to this boy the arrest of his brother, telling him (that they are doing him a huge favor), that he has been arrested for drug trafficking, (Crime against public health). Good. You want to hire me and I want to be hired, but things must be done in the best possible way in favor of the client. I forgot to tell him that the police, in addition to telling him that his brother was arrested for a crime against public health, urged him to send a lawyer, otherwise they would put a lawyer for him.
FIRST ADVICE OF LAWYER FOR DETAINEES FOR DRUG TRAFFICKING
Usually, my advice is that (if there is no inconvenience or a very specific issue), the first assistance at the police station is carried out by the public defender. Because?. Simple. As I told you before, (and this is a true fact), It is 20:00 in the afternoon, today, Monday, (the month and year does not matter), It is 20:00 in the afternoon, today, Monday, (the month and year does not matter), and at that time, "The fish is sold", the night in the dungeon accused of drug trafficking, he does not take it from his relative, nobody from anyone.”
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I believe, (says JAVIER RINCÓN, a criminal expert), that it is more feasible to spend those moments of tension looking for a good lawyer specialized in criminal law, rather than trying to achieve the impossible, well..., in that period of time, the only thing the police need the lawyer for is to read the person's rights arrested for drug trafficking, record that will be filled out, (in the 95% of the cases), invoking his right not to declare.
It doesn't make any sense, hiring a lawyer to go to the police station, so that the assistance to the detainee for a crime against public health, exclusively, to sign an act, where the detainee states that he will testify the following day in court presence. Not worth it. understand me. There are cases, in which yes, but, as a general rule, no. Today, I told this boy that we'll see each other better, tomorrow morning, at the Duty Court.
SECOND ADVICE OF LAWYER FOR DETAINEES FOR DRUG TRAFFICKING
Tomorrow, I will meet my client's brother, at the Night Court, soon. About 9:00 in the morning to meet him. Nothing more, let's finish the “initial presentation”, directly to cells to wait for the transfer of detainees to take place, which comes from the police station where my client was detained.
As soon as I arrive, I meet him in the booth. Here comes the second tip as lawyer for prisoners for drug trafficking: How am I going to allow my client to declare, if I don't know what has happened, and if I haven't been able to advise him, what is best for him? It is logical, that I first talk to him, tell me what has happened, and between the two of us (each from a different point of view), we decide which is the best defense strategy. Logically, as soon as I know what has happened, I will promptly inform my client's brother, so that he remains more or less calm.
Normally, I am not in favor of the relatives of my clients staying at the door of the Court waiting for events, because I feel the obligation of having, from time to time, to go out and tell them, "Sometimes, nothing" about what is happening. I am more inclined to have them go home, and throughout the morning, afternoon or day, depending on the situation, telling them about the things that are happening. It is the most reasonable thing, so that they do not end up with the body "made of coal", the prestigious criminal justice JAVIER RINCÓN tells us.
THIRD COUNCIL OF LAWYER FOR DETAINEES FOR DRUG TRAFFICKING
Declare how investigated?, Indulge in the right not to declare?. Sometimes easy to choose one thing or another, other times difficult. What I am very, very clear, (JAVIER RINCÓN affirms), is that, without knowing the proceedings, my advice is avail yourself of the right not to declare. How are we going to testify, if we don't know what, or rather, with what depth!!, Do we even know how far the Judge knows? Allow me the phrase, "Let's NOT do the cousin."
Normally, if the matter is not excessively serious, the judge will not agree to the feared appearance of 505 of the criminal procedure law, which is the one where it is determined whether a person has or should be deprived of liberty, due to having committed a crime. drug trafficking crime either Crime against public health.
Logically, it is true that in many cases (although the law does not say anything), it seems that those who do not declare have more chances to go to provisional prison and that the one who declares has fewer ballots, but this theory has no foundation of any kind, JAVIER RINCÓN, (prestigious criminal lawyer) tells us.
What is clear is that, what has been declared, is as the saying goes, (Letter on the table, weighs), declared is, and I prefer, (and this is a professional, very personal matter), to avoid a slip, even if that leads me to have to ask for a provisional release, than to hit me with a bump, which later, at the end of the process, leads me, without any possibility, to having to send someone to jail, for a while.
Therefore, it is essential to discuss with the lawyer whether the best strategy is to declare or not. Then, logically, it will have to be seen, what happens in that appearance on whether or not the person is sent to prison, but that, that other story, that we will tell you tomorrow, when we see how this professional action has been resolved.