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Q
If I make a statement on my own without retaining an attorney for narcotics cases, will there be no problem?
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I have come to be investigated in a narcotics case. The police said that 'if I speak honestly, I will be treated leniently,' so I am just going to make a statement. But do I really have to retain an attorney for narcotics cases? I am worried about whether a wrong statement will be irreversible later. I am curious whether legal assistance is necessary even though it is simple use and a first offense.
Attorney for narcotics cases
Answer to Related Inquiry
Author: 박동일
Hello. This is Daeryun Law LLC.
In a narcotics case, statements at the early stage of the investigation become an important clue that determines the subsequent level of punishment and the scope of legal liability. Therefore, making a statement on your own without an attorney for narcotics cases can be very dangerous.
Even for simple use, investigative agencies closely press on matters such as 'whether there were accomplices,' 'the route of obtaining the drug,' and 'the repetitiveness of use,' and a vague or inconsistent statement may instead be interpreted as a circumstance of participation in a crime.
For example, even the statement 'a friend gave it to me, so I did it once' may, depending on how it is expressed in the record, be misunderstood as making you an 'accomplice' or a 'co-conspirator.'
In addition, when investigative agencies ask leading questions or questions based on prior information, it is common for the suspect to agree or change the statement without accurately grasping the facts.
This can operate as an unfavorable statement in court later, so the initial response is especially important.
An attorney for narcotics cases can organize the scope and issues of the investigation before the statement and, by accompanying you during questioning or reviewing the record, can defend against distortion in an unfavorable direction.
This is not merely a response aimed at obtaining leniency, but assistance that also has a direct effect on the later determination of the sentence.
In fact, if it is a first offense and there is an attitude of remorse, an investigation without detention or leniency conditioned on treatment may be possible, but the outcome varies depending on how 'legally persuasively' those facts are conveyed.
Because a narcotics case involves a complex area of legal judgment and a single statement can greatly change the situation, I encourage you to respond strategically from the outset with the assistance of an attorney for narcotics cases.
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