How Do Drug Charges Work?

Being arrested on a drug offense is never a good experience, whether it’s your first or fifth time. Drug charges can carry various jail times, fines, and other requirements depending on the nature, severity, and frequency of the crime itself. When you are arrested on a drug charge, it’s a good idea to seek the counsel of an attorney and a bail bondsman immediately. Professionals like these can walk you through each step of your arrest and charge process so you are never surprised or caught off-guard.

Crime Scene Caution Tape

When You’re Arrested on a Drug Charge, Trust the Caprock Bail Bondsmen to Help.

The Arrest

If you are arrested on a drug charge, your vehicle or home will likely be searched. This is to locate any other drugs or paraphernalia that may be in the location. You will be required to sit either in the police vehicle or nearby as the search commences. As this is happening, you are not required to speak, and, in fact, advised not to, in most cases. Once the search is complete, the arresting officer will finish the arrest and begin route to processing.

Arrest Tips

  • You Have the Right to Remain Silent: Remember that you are allowed to remain silent. While it’s not advised that you ignore officers or make the arrest difficult through no speech at all, you shouldn’t offer any information or details at this point. Any information offered may be recorded and used against yo9u at a later date.
  • Be Respectful: Nothing turns an arrest situation bad like a person who is rude or defiant with the arresting officer. Not only does this slow the process considerably, but it can also rack up additional charges such as evading arrest, assault on a Peace Officer, or others.
  • Stay Calm: While it’s true that being arrested can be stressful, it’s important to stay calm so you know exactly what’s going on. Look for details and phrases that may be helpful later such as charge discussions, officer names, and evidence found. These are all details that can usually be overheard but are not usually offered freely.


After the initial arrest, you will be taken to the jail facility for processing. This will include booking, fingerprinting, changing, and the allowance of phone use. At this point is when you will be allowed to call an attorney, a bondsman, or relative. Drug charges and penalties vary greatly, so your bond may be set then or you may have to wait to see a judge for your bond to be set. Typically with drug charges, first offense charges will be set automatically and an emergency bail service can be called day or night to begin the release process. However, a defendant with multiple crimes, charges, or offenses may need an arraignment hearing before release.

Dealing With the Consequences:

Oftentimes, people ask, “How can drug charges be dropped?”
In short, your charges cannot be dropped. Of course, there are exceptions to every rule, but this is not a common occurrence and should not be expected. Many times with drug charges, jail time is required as well as fines, and addiction treatment therapy. The only way to get the charges to go away is to complete the requirements of your infraction.

Hundreds of questions race through your mind as you or a loved one is arrested on drug charges. While many questions may be circling, having the answers to some of the most common inquiries can help relieve some stress and anxiety and help you get through the experience.

How Much Jail Time do You Get for Drugs?

Jail time for drug charges varies enormously. First offenders may be released with only probation while second or third-time offenders could receive 10 years or more in a state facility. Possession with intent to distribute charges almost always carry a hefty jail sentence and fine requirement while simple marijuana possession under an ounce could carry only a small fine. It’s important to speak with legal counsel to ensure you understand your charges and options when you face a drug charge.

What Percent of Crimes are Drug Related?

In November 2018, drug-related crimes made up 46 percent of the nation’s criminal charges, according to the Federal Bureau of Prisons. This makes up all charges and charge combination. These numbers have also steadily gone down in the past 2-3 years due to secondary treatment programs, residential reentry programs, and counseling offerings.

Is Drug Possession a Felony?

Drug possession can be a felony but doesn’t have to be. Many drug possession offenses are considered misdemeanors if the amount was low enough and there are no repeat charges. However, large amounts and repeat charges often land the defendant in felony territory and looking at jail time and hefty fines.

What’s Considered a Controlled Substance?

A controlled substance is any substance that is regulated by the Government. This includes illegal drugs as well as some prescriptions that can be habit-forming or that are considered to be narcotics.

What’s the Charge for Selling Drugs?

Most often, defendants who are thought to be selling drugs are charged with intent to distribute a controlled substance. If the defendant is caught selling drugs to minors, the charge will reflect that and typically is heightened to a felony.

If you or a loved one is being charged with a drug crime, call the Caprock Bail Bonds experts today at 806-722-2120 for guidance and bail assistance in the Lubbock, TX area. We provide quick, convenient services and advice to help you get through this experience as quickly and gracefully as possible.