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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27689
Experience:  25 years experience practicing attorney
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My cousin got arrested for dui, last weekend we went away and

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My cousin got arrested for dui, last weekend we went away and we both have anxiety disorders and he was holding 3 of my pills. I didn't use them, he forgot to give them back and when he was stopped, he still had my 3 pills in his bottle. Will we both be in trouble for that if we have doctors notes and or perscriptions? I plan on telling the court those 3 were mine but will I get into more trouble for doing that or will that help us both? He is being charged with possesion. This is in New Hampshire.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 7 years ago.

DearCustomer- It will not help to tell the police anything - it never does. The fact that your cousin had the pills means they were in his possession regardless of whose pills they were. You both should keep quiet and let your cousin make the best deal he can through an attorney, which I assume he has.

 

If you start talking about the pills it won't help your cousin at all but it could theoretically get you in trouble for no reason. Nothing you can say to the police or court will help your cousin and will only hurt you. He should also keep quiet and listen to his lawyer.

 

David Kennett - JD - Attorney at Law

Customer: replied 7 years ago.
The Attorney wants me to write the letter saying they were mine and photo copy my percription bottle
Expert:  Dave Kennett replied 7 years ago.

Well I can't see how it will help your cousin but you are putting yourself at risk in my opinion. Remember, his attorney is representing him, not you so I would be very careful. I really doubt anything will happen to you but I can't guarantee that. It's up to you whether you want to take the risk. No one can force you to testify about the pills so if you are subpoenaed you can refuse to testify or give any information.

 

Dave

Customer: replied 7 years ago.
I already gave my cousin a copy of my perscription was that bad.
Expert:  Dave Kennett replied 7 years ago.

Well I can't say it was bad since I really don't know what he can do with it. He still was not allowed to have the pills regardless of whose prescription it was so I just don't see the point of all of this.

 

Dave

Customer: replied 7 years ago.
His Attorney wants me to say that I did give him permission to hold the pills and forgot to get them back. That way he will get off. It was stupid for me to do. Could I get charged for distribution for 3 pills?
Expert:  Dave Kennett replied 7 years ago.

I can't say you won't be charged and I can't see how this is going to get him off. What are you going to say the reason was that you asked your cousin to "hold" the pills? It makes no sense since there would be no logical reason that you would ask someone to "hold" your pills. It's going to look silly and I can't believe any attorney would ask you to do this.

 

Dave

Customer: replied 7 years ago.

It was completely inocent. I dont know what to do? Should I contact a attorney?

Expert:  Dave Kennett replied 7 years ago.

You can do that if you wish but I'm quite certain that any attorney will tell you not to testify and leave yourself open to possible charges. I understand you want to help your cousin but I just don't see how you can help with this type of testimony. He will still get convicted of something and you will be open to a possible criminal charge. I can't make your decision since I haven't read the file or do I know what his lawyer thinks about the case and how this will help. All I can do is give you my assessment of the situation based on the facts you have provided.

 

Dave

Customer: replied 7 years ago.
His lawyer wants me to write a letter saying he was holding my pills for the weekend while we were on our trip. Which is the truth. He had his own bottle of medicine so I asked him to hold mine. He does not want me to testify. The attorney is hoping with the valed script and my letter the DA will drop it and just charge him with DUI. Wouldnt his attorney tell me if I could get in trouble?
Expert:  Dave Kennett replied 7 years ago.

Not necessarily since he is not representing you. His duty is to his client. I still don't see the point of your cousin "holding" your pills. I'm sorry but writing a letter is a statement by you against your interests and could be used against you. I suppose that just asking someone to "hold" their prescription would not be a crime so it may not be a crime.

 

Since you are the one asking me the question it is my duty to inform you of your possible risks. I can't guarantee you that you won't be charged so I can't tell you that it's OK to write the letter. As you can see above, another expert agrees with my opinion.

 

Dave

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