Been Arrested – Frequently asked questions?
If you have been arrested for a drug related offence then please speak with your solicitor and ask them to contact us. If you require a solicitor then please contact us. We have an extensive list of solicitors from around the UK. If you require the details of a solicitor in your area then please call us on 01404 44459.
Being arrested is an extremely stressful process. Depending on the nature of the investigation then it may be a very brief encounter but for more serious offences it can lead to an extended period of detention whilst you are questioned by police officers.
What happens when I am arrested?
If the offence is a minor drug offence and you have not been in trouble before then you may well be dealt with by way of a “Street Caution” and your details will be held on record. In the vast majority of cases though you will be taken into custody at a nearby police station where you will be interviewed.
Can I speak with a solicitor?
Yes. That can be arranged either in person or on the telephone. Depending on the nature of the arrest the solicitor may well attend to represent you at the police station when you are interviewed.
Is the ‘Duty Solicitor’ somebody employed by the police?
No, the Duty Solicitor is part of the Duty Solicitor Scheme set up to ensure that everybody has access to a solicitor following arrest. They are completely independent and are typically from a local solicitors firm that work on a rota basis.
What happens if the police raid my house looking for drugs?
Officers must have a valid search warrant signed by a local Magistrate which they should show to you. The warrant will outline the extent to which the officers can search but in drug cases that may well be in any possible place where small quantities of drugs could be concealed.
What can the police seize during a search warrant?
Anything that is potentially considered to be evidence of an offence. In drug cases this obviously includes drugs but can also include paraphernalia such as weighing scales, packaging, “Dealing Lists” and cash. Increasingly though evidence is stored electronically and officers can and do seize mobile telephones and computer equipment so that they can be analysed for any potential evidence.
I have been arrested for cultivating cannabis, what happens next?
Depending on the charges that you face a sample of the plants recovered will be forwarded for analysis to confirm they are cannabis. If the charges are more serious then the police may ask for an estimated yield to be provided and will then provide a valuation based upon all the cannabis plants. These estimates can vary considerably and we are frequently contacted by solicitors who are concerned at the extremely high valuation that is placed upon estimated cannabis yields.
How do the police value cannabis cultivation cases?
In cannabis cultivation cases an estimated yield is provided which is typically based upon all of the plants discovered being grown successfully to full maturity. This can include immature cuttings and even plants that show signs of ill-health. Estimates of yield are then provided based upon an analysis of a couple of mature plants or in the absence of mature plants previous samples submitted to the laboratory from indoor grows. Valuations rarely take into account individual crops and the number of plants that they contain and we are frequently asked to challenge valuations which include the weight of discarded leaf material or fail to highlight the poor state of some of the plants. A valuation is then provided based upon the estimated yield multiplied by the price of a typical street deal which reflects the highest possible value that any quantity could achieve.
Can you provide expert evidence in cannabis cultivation cases?
We provide an independent and impartial review of the evidence. We consider the estimated yield and whether issues such as the sex of the plant have been considered. If the plants were immature cuttings that are prone to failure then how many would be considered viable. We consider the growing conditions which are often described as “sophisticated” or “hydroponic” and challenge inaccurate statements. The attention is in the detail as yield is such a critical issue to considering whether a grow set-up was simply for meeting the needs of a single user or was a commercial set-up.
If you are facing proceedings and dispute any of the forensic evidence or evidence of drug valuations then please ask your solicitor to consider contacting us for a drug expert report.
