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Home» Legal Articles » Top three tips to avoid a jail cell on New Years

Top three tips to avoid a jail cell on New Years

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Top three tips to avoid a jail cell on New Years

Alcohol, drugs, and sex. Find out how to have fun on New Years… without worrying about a prison cell.

1. Possession of drugs is illegal; consumption of drugs is not. 

There is absolutely nothing illegal about having drugs in your system (unless you’re driving). But it is illegal to possess drugs.

As long as you don’t have drugs in your pocket, car or house, you have nothing to worry about. So stop stressing about the Police officer noticing your dilated pupils…

2. Possession is difficult to prove. 

Possession charges are my favourite charges to defend, because possession is so hard to prove. The moment drugs are no longer on your person, it’s practically impossible to prove that they belonged to you.

A client of mine was smoking a joint at a popular New Years music festival (which may or may not have been in Gisbourne). By chance, a nearby police officer noticed and began walking towards him. My cool-headed client calmly dropped the joint before walking 10 metres in the opposite direction. When the officer caught up and asked about the joint, my client responded, “What joint?”

Game, set, match.

3.  Know your rights.

In particular, remember your right to silence. I’ve said it a thousand times and I’ll say it again:  NEVER speak to the Police without a lawyer present. I don’t care if it seems like an innocent question, you staple gun your mouth shut and call 0800 LET ME GO before you say anything. Safety first.

Secondly, the Police can’t search you unless you give consent (or unless it’s authorised by a specific statute). So if the nice Police officer asks you if he can have a little look around your house, car, or pockets — you say NO. American rapper, Jay Z, said it best: “I ain’t passed the bar, but I know a little bit. Enough that you won’t illegally search my sh-t.”

Best wishes for the New Year from the criminal lawyers at UnderArrest.co.nz and 0800 LET ME GO.

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(c) 2013 Arman Law Limited. Offices at Level 9A/17 Albert Street, Auckland 1010. The content of this website does not constitute legal advice and should not be relied on as such. This website does not create a lawyer-client relationship. Arman Law accepts no responsibility for any loss arising from reliance on this website. Arlan Arman holds a practising certificate as a barrister sole.