Can I be detained for a drug offense? Even for simple use, will I be detained right away?

Even for a charge of simple use, detention for a drug offense is entirely possible.

This is because, under criminal law, detention is judged by considering various circumstances comprehensively, not only the gravity of the offense, such as the risk of the suspect fleeing, the possibility of destruction of evidence, repetition, and whether there is addiction.

In particular, where a person has used a drug with strong addictiveness and harmfulness, such as the psychotropic drug methamphetamine or synthetic cannabis, the investigative agency may consider a custodial investigation even for a single instance of use.

The following are cases in which the possibility of detention is high.

- Where the number of instances of use is large or there are circumstances of repetition

- Where the circumstances of the offense are planned and organized

- Where the person does not comply with the investigative agency's inquiry or does not appear
- Where, despite the early stage of the investigation, the person denies most of the charges or their statements change

Of course, if being a first-time drug offender, voluntary appearance, mental shock or accidental circumstances, and a will to undergo treatment are confirmed, there is room for conversion to a non-custodial investigation.

However, such circumstances must be well conveyed to the investigative agency and the court through objective grounds and statements.

In fact, to avoid detention for a drug offense, the pre-detention interrogation of the suspect procedure is very important, and at this point the following materials should be submitted with the assistance of defense counsel.

-Materials that can prove there is no risk of flight, such as residence, occupation, and family relationships

- A treatment plan or counseling history and other materials that can show a will to overcome addiction

- A petition and a letter of apology, and investigation materials that can prove being a first-time offender

Ultimately, whether there is detention for a drug offense may differ not only according to whether there was simple use but also according to the promptness and strategic quality of the initial response to the investigation.

In addition, even if you have already been detained due to an insufficient initial response to the investigation, you can, with the assistance of defense counsel, prepare measures to resolve the detention or to lower the future level of punishment, through methods such as an application for bail, the establishment of a treatment plan, and the preparation of sentencing materials.

Therefore, a strategic response is necessary not only before the police investigation but also after detention, and at this point the assistance of a criminal attorney is of great help.