Do not explain the case before you know your status
If police ask questions or present a record to sign, first find out whether you are detained, accused, treated as a witness or simply present during a search. Ask for a lawyer and an interpreter before answering about the allegation.
Record when and where the search or seizure occurred; who was present; the authority and document relied on; the containers, rooms, vehicle or device searched; what was photographed, packaged and sealed; and what appears in the inventory. Do not physically obstruct officers. Objections and irregularities should be recorded through lawful procedural routes.
If detention has occurred, ask for the arrest record, the stated legal and factual grounds, access to counsel, necessary medical care and an interpreter. The prosecution must bring an arrested accused person before the appropriate court within the constitutional and procedural timetable. See the full arrest guide for rights, 48/72-hour timing and the first hearing.
Six questions that change the legal route
- Was the allegation possession or storage only, manufacture or production, transport, a transfer without payment, sale for material benefit, facilitation, or import/export/transit?
- What substance and quantity were identified, under which test and chain of custody?
- Where was the item found, and what evidence is said to connect it to the accused person?
- What messages, calls, payments, packaging, scales, location or witness evidence is relied on to infer purpose?
- Was the search authorized, was urgency claimed, and does the record match what occurred?
- Are prescribed medicines, medical records or a foreign prescription relevant?
A small-quantity possession or use allegation may be administrative under Article 45. Sale, transfer, import and other circumstances can lead to a criminal case. Start with the article written in the report or accusation rather than assuming the category.