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First-time drug use: is an actual custodial sentence possible even without a drug consultation?

At an acquaintance's urging, I used drugs once out of curiosity and ended up under police investigation. I am currently wondering whether I need a drug consultation, and I am worried because I heard that an actual custodial sentence is possible even though it is a first offense and not habitual. I am sincerely remorseful and believe this will never happen again, but can an actual custodial sentence still come out? I would like to know to what extent punishment is actually imposed.

Drug consultation

Answer to Related Inquiry

Author: 박동일

Hello. Even for a first-time offender, where the fact of drug use is clear, the possibility of an actual custodial sentence cannot be ruled out.

This is because the judiciary has recently tended to impose severe punishment even on first-time offenders, considering the recidivism rate and social repercussions of narcotics crimes.

In particular, where a person has used psychotropic drugs with high addictiveness and danger, such as methamphetamine, cocaine, or LSD, or where the attitude of remorse is insufficient, or the risk of addiction or recidivism is judged to be high, the court may choose an actual custodial sentence.

Even for simple use, various outcomes can result, from a suspension of indictment to a suspended sentence or an actual custodial sentence, depending on the number of instances of use, the circumstances, and whether there is a confession.

In such a situation, actively demonstrating that it is a first offense and preparing materials that prove the submission of a letter of apology, the will to undergo treatment, and social relationships is the key response strategy.

When a drug consultation is conducted, we first review key evidence, such as urine and hair test results, whether there are seized items, and communication records, to organize the scope of admitting the charge and the risks.

In addition, based on anticipated questions before the investigation, we simulate the direction of statements to prevent unnecessary confessions or exaggerated statements.

Furthermore, we systematically prepare materials for mitigating circumstances, such as the will to undergo treatment and rehabilitation, a plan to prevent recidivism, and a family petition, to establish a strategy that increases the possibility of a suspension of indictment or a suspended sentence at the prosecution stage.

Because the initial response is most important in drug cases, rather than judging alone, we recommend that you obtain an accurate diagnosis and advice through a drug consultation with an experienced attorney