Drug Hair Test and Risk of Detention: Initial Response Strategy <Disclosed>

We are LAWFIRM LEAP, where three attorneys with backgrounds at major law firms and the police work together as a team to handle cases.

If you are reading this, you may be facing an upcoming investigation on suspicion of drug use.

If you undergo investigation in such a case, the final sentence will be determined after a hair test and other procedures.

This offense has a high recidivism rate, and if there is a high risk of evidence destruction or flight, an investigation with detention will proceed. In fact, if a substance is detected in hair or elsewhere, it becomes difficult to deny the charge, raising the likelihood of an actual prison sentence.

Therefore, if you are implicated in such a case, you should seek the assistance of an expert who has handled numerous similar matters before the initial investigation, to review your charges and prepare a response strategy.

If you try to handle this process alone, unfavorable statements may adversely affect the verdict, or an excessive disposition beyond the actual facts of the case may be imposed.

In particular, since the initial response is critical in drug cases, you should work with an expert experienced in handling investigations.

Our firm, LAWFIRM LEAP, is a specialized firm where experts with experience at major law firms and the police handle cases directly. We understand the perspectives of the police and prosecution better than anyone, and can suggest ways to explain the charges favorably at the investigation stage.

In that context, today the specialized attorneys at LEAP will explain how to approach an investigation when facing a risk of detention due to a drug hair test, and what methods may help reduce the sentence.

As this information can genuinely help with defending against detention, taking just three minutes to read it will help you determine a direction for resolving your case.

01Facing a drug hair test?

If you have used marijuana or psychotropic drugs, whether unexpectedly or habitually, you will be punished under the Act on the Control of Narcotics, etc.

If you are investigated in connection with this matter, a hair test and similar procedures will be conducted to confirm whether you actually used drugs.

02Act on the Control of Narcotics, etc. (Article 58)

Looking at the level of punishment depending on the type of drug, use of heroin, opium, or poppy carries imprisonment of up to 10 years or a fine of up to KRW 100 million; inhalation of marijuana carries imprisonment of up to 5 years or a fine of up to KRW 50 million; and use of psychotropic substances such as ecstasy under item (b) carries imprisonment of up to 10 years or a fine of up to KRW 100 million.

A drug hair test is a procedure to check for the presence of drug components using hair, including body hair.

Body hair can be tested for substance detection even after a long period has passed, and because of its high accuracy, it is frequently used in such cases.

Therefore, if the substance is detected, it becomes difficult to deny the charge, increasing the likelihood of an actual prison sentence.

To overcome the risk of detention from a drug hair test, if you have in fact used the drug, you must quickly find a legally sound way to receive leniency.

In addition, since the severity of punishment varies depending on the type of drug, it is important to identify which charge applies to you and estimate the likely sentence.

If the substance involved is a drug classified as a psychotropic substance, the punishment is imprisonment of up to 10 years or a fine of up to KRW 100 million.

While the standard for imprisonment is high, a fine can also result in significant financial loss, so you must quickly find a remedy for the case and a way to favorably handle the initial statement and urine and hair tests.

To this end, receiving assistance from a specialized attorney when giving your initial statement and undergoing testing is the way to prevent an unfavorable situation and achieve a positive outcome.

03How to defend against detention from a drug hair test?

If you underwent a hair test during an investigation into this matter and the substance was detected, you should promptly admit the charge.

You should then prove that it was a one-time, impulsive act and that the risk of reoffending is low, in order to obtain leniency.

Typically, in an investigation of this kind, if the police or prosecution already hold evidence, or if you did in fact use the drug, the charge can be sufficiently established from the hair sample alone. Therefore, blanket denial of the charge is not a good strategy.

Accordingly, you should cooperate faithfully with the initial investigation while proving that the act was a simple, isolated use rather than a habitual practice, that there are no additional charges such as distribution, sale, or brokering, and emphasize that this is a first offense to appeal for leniency.

However, if you are actually undergoing testing again on suspicion of reoffending, the risk of detention should be considered high.

Even in this situation, the legal judgment of a specialized attorney is crucial.

Also, if the evidence is clear due to substance detection, you must demonstrate that there is no risk of flight and that you can cooperate faithfully with the investigation, in order to defend against detention, to help avoid an actual prison sentence.

Even if the case goes to trial, you should consistently emphasize that the severity of the offense should be reduced and that you are sincerely remorseful, in order to be recognized for mitigating circumstances.

Therefore, you should retain legal counsel with extensive experience and know-how in handling initial investigations from the very outset.

Only then can you succeed in your initial response, and increase the likelihood of successfully defending against detention through legal analysis, strategy, and securing various types of evidence.

An attorney with a police background understands the police perspective better than anyone.

The attorneys at our firm, LAWFIRM LEAP, have worked at Kim & Chang and Bae, Kim & Lee, Korea's largest law firms, handling a variety of criminal cases, and, having also worked as police officers, have handled numerous cases in which the initial investigation is critical, such as drug crimes. As a result, they possess in-depth know-how regarding the attitude a suspect should take and strategic statement methods during the initial investigation.

If you work with LAWFIRM LEAP, an attorney with experience at a major law firm and in the police will personally handle your case from beginning to end, actively proving the client's position and securing a favorable outcome to help you avoid the risk of gaining a criminal record.

We understand your current situation and the urgency you feel better than anyone.

So please stop worrying alone, and if you are facing a risk of detention due to a drug hair test, contact us at LEAP at any time.

We will thoroughly respond to the investigating authority's inquiries with a tailored strategy and countermeasures suited to your situation.

Thank you for reading this long article.