TMZ reported yesterday 8/7/11 and in pertinent part:
According to the Miami-Dade County Corrections Department, Mr. Boi (real name Antwan Patton) was charged with three counts of possession of a controlled substance and one count of possession of drug paraphernalia.
The controlled substances were listed as ecstasy pills, MDMA powder and Viagra.
According to the Miami-Dade County Corrections Department, all charges are felonies.
Law enforcement sources tell us he was busted by customs and border patrol dogs as he was exiting a cruise ship. We’re told Big Boi didn’t have a prescription for the Viagra. . .”
What a way to start the week. But, as I say often, “it is what it is.” Certainly it would be cool if creative professionals do not get into legal trouble, especially criminal trouble, but hey, these things happen. That’s why you got lawyers.
I have covered celebrity cases with drug possession charges in the past. In this instance, I just want to zoom in on the arrest aspect and then send you all to revisit prior articles. It is always good to be informed because life sometimes can be quite funny with its twists and turns.
What does it mean to be arrested?
When you are arrested, it simply means you are not free to leave the scene. It is not uncommon for criminal defense lawyers to advise their clients to inquire from the arresting officer a simple question, “Am I free to go.” If the answer is “yes” then there is no arrest. If it is “no” then you are under arrest.
Can you be detained without being arrested?
Can the police detain you i.e. hold you for questioning if they believe you might have been involved in a crime? They certainly can. Such detention should only be for a short period. It does not amount to an arrest.
Do I have to Answer Questions the Police Ask Me?
No. In fact, it is prudent to speak to an attorney, first, before answering the questions police officers might pose to you. This is also where you have probably heard about the “Miranda” warnings. When you ask for an attorney, it automatically invokes your privilege to remain silent.
Officers will read the following rights to you and then ask if you understand the rights and if you waive them. If you waive them, then you can be questioned without an attorney present. If the police begins questioning you and you decide you do not want to answer any further questions, they must immediately stop asking further questions. If they ignore this and continue to ask questions and you continue to answer, understand that the statements you make can and are usually used against you in a court of law to prosecute you.
The Miranda Warnings typically take the form below:
1. You have the right to remain silent
2. If you give up the right to remain silent, anything you do and say can and will be used in a court of law against you
3. You have the right to speak with an attorney of your choice before questioning, and to have the attorney present during questioning.
4. If you cannot afford an attorney, one will be appointed for you by the court before any questioning, if you so desire. The attorney will not cost you anything; the services are free.
The police will also typically ask:
5. Do you understand each of these rights as explained to you
6. Having in mind and understanding your rights as explained to you, are you willing to talk to me (the police)*
GET A LAWYER
If you are arrested, get a lawyer ASAP.
PRIOR DRUG POSSESSION CASES ON UDUAKLAW FIRM FASHIONENTLAW.COM BLOG
- Paris Hilton Drug Possession Case
- Lindsay Lohan Probation Violation
- Bruno Mars Cocaine Posession
- T.I & Tiny Drug Posession
Full story on Outkast’s Big Boi on TMZ here.
Stay out of trouble.
For those who might never have heard of Outkast, check out the talented band below.
Photocredit: Big Boi FB Fan page
Fashionentlaw™ is the brainchild of Uduak Oduok (Ms. Uduak), an ex-fashion model and industry veteran turned Fashion and Entertainment lawyer. The law blog discusses hot topics in pop culture arising primarily out of the fashion industry.
As a legal practitioner, Ms. Uduak has over two decades of experience counseling individuals and businesses within and outside the creative community. She has counseled designers, apparel manufacturers, models, photographers, retailers, graphic designers, musicians, public relations specialists, and athletes, among others, on diverse legal issues including business formation, licensing, trademark and copyright matters, contracts, intellectual property and contract disputes. She is also an Adjunct Professor.
To arrange a consultation to discuss your case, contact her today at 916-361-6506 or email (firstname.lastname@example.org).