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Len
Len, Lawyer
Category: Criminal Law
Satisfied Customers: 444
Experience:  15 years practice in criminal and employment law.
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I recently got arrested with 9 adderall pills without a prescription

Customer Question

I recently got arrested with 9 adderall pills without a prescription in Lincoln, Nebraska and am getting charged with a Level 4 felony for possession of a class 2 controlled substance. Other than this the only thing on my record is an MIP that is still going through the courts. I am being tested for ADD and might get adderall prescribed to me as a drug and am just wondering two things. Should i wait and see if i need the drug and get a lawyer to try and lessen the charge/use a public defender or should i just try and get probation? Also if i were to try and get probation would a public defender be the answer or would i need to get a lawyer and how would getting prescribed the drug affect probation?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Len replied 8 years ago.

I don't know if getting the prescription would be a magic bullet. The police charged you with "possession w/o prescription", rather than possession with intent to distribute. You could try to hire an attorney and work on the angle that it really was for medicinal use, (of course that assumes that you are actually prescribed Adderall). This probably would go a long way to a further reduction, maybe some level of attempted misdemeanor. So, yes, getting a lawyer and seeking the prescription should both be sought.

 

PD compared. The PD's do care about what they do. The difference is that most have less experience and far too many cases. It is possible to get a great PD, but you would probably fare better with your own attorney. They will communicate with you a lot better. Your chances of a lessor charge and lower sentence will be best with the hired attorney.

 

You are probably looking at probation anyway. Getting your own attorney will not likely affect that. As a first offender, (for that particular drug), the court isn't going to be real excited about sending you to the department of corrections. Soi, I wouldn't make the private hire decision on this aspect.

 

The key is always lowering the charge and seeking a disp[osition that is short of a stright convictions, ( a conditional discharge or deferred), neither of those result in a permanent conviction on your record.

 

I hope this helps.

 

Len

 

Please press accept and leave some feedback when you get a chance.

 

Customer: replied 8 years ago.
Terribly sorry but when you said "The key is always lowering the charge and seeking a disp[osition that is short of a stright convictions, ( a conditional discharge or deferred), neither of those result in a permanent conviction on your record." did this mean that i might not have a permanent conviction on my record with probation, or just if i was able to lower my sentence, or what? It was a little confusing.
Expert:  Len replied 8 years ago.

OK, sorry.

 

You always want to seek a lower charge in exchange for a plea. In your situation, that would mean anything less than a Level 4 Possession felony. You should sj\hoot for the very lowest felony, if not a high misdemeanor, in exchange for a plea.

 

Next, sometimes even more important than what you plea guilty to is the type of sentence that you receive.

 

1. A straight conviction is exactly that. It will show on your criminal information record forever.

 

2. A deferred sentence is where you plea guilty, but the court does not sentence you at all. A deferred does appear on your record but not as a conviction, (if you successfully complete all probation terms).

 

3. A conditional discharge is where the court does not even accept a guilty plea. The court merely takes the matter under advisement, and if you satisfy probation, the entire matter is dismissed. In this one, you never have a entry on your criminal information.

 

So, you have two essential considerations: (1) the charge you end up entering a plea, and (2) the type of sentence or disposition.

 

Since you do not have any priors, you will almost certainly receive probation. The trick is to find the right attorney who will either get the casedismissed or work upon a lesser charge and favorable disposition.

 

Does that clear up my answer?

 

Len

 

Please press accept and leave some feddback when you get a chance.

 

 

 

 

 

Len and other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.
thanks you've been a great help
Expert:  Len replied 8 years ago.
You're welcome.