Criminal Law Questions? Ask a Criminal Lawyer.
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Good morning. Would you mind telling me what she is charged with or the statute/code listed on the citation?
Violation Code Statute/Ord
Samantha. Thank you for that additional information. Both are felony charges. If she has a prescription for the percocet, that charge should be dropped. However, if she did not have one for the Adipex, she is faced with a felony, since it is a controlled substance. While it is punishable by jail or prison, it unlikely as a first time offender, that the State would seek either. In a situation like this, the court may have a drug court program set up, which she can enter into, which upon completion, would likely get the charge dismissed. This would keep her record clean, if she wanted to go through the program. Another option, would be to take a plea deal, which would likely result in being place on probation. When she appears in court, she could ask about either option and pick the one which she feels is in her best interest. Of course, she can always fight this and take it to trial, making the State prove the charges beyond a reasonable doubt.
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The person that the adapex belongs to is a friend. What if that friend is willing to go to court with her and explain that he asked her to put them in the container due to inclement weather (so they would not get wet). He has a prescription for them seeing as how they are his.
This girl has never even had a speeding ticket......NOTHING. The court date in December is a "pretrial" thing....she can not afford an attorney.....does she need to try to figure out how to get one?
Was this person with her at the time? Why did this person not keep it on their person? Were they without pockets or a place to secure the pill?
No, actually, the adapex belong to (who is now an ex-boyfriend) a friend that works on her car all the time. He had put the adapex in the container when he was driving the car and she never thought anything about it. Just as she never thought anything about having her pain medication in there. "Improper Container" never crossed her mind........she has to take several prescription medications per day due to a birth defect within her spine. Either way, he put them in there to keep them from getting wet when it was raining while working on the car and never took them out.
Thank you for the follow up. He can appear with her and advise the state of the circumstances, it would be at their discretion, to proceed with prosecution of the case, at that time. If she is unable to retain private counsel, she can ask to be appointed the public defender, she appears. Her friend, prior to saying anything, can speak with the PD and advise them of what happened and that he is willing to testify, as to the pill being his and him placing it in there and providing a reasonable basis for it. If the State will not dismiss the charge, then it would be a matter for the Jury to hear and decide.
Do you feel that if she takes him with her in December to speak with the PD she has a good chance of everything being dropped? I know this is not Legal Advice....however, like I mentioned, she has never been in any trouble in her entire life. This would ruin her. She is also facing her second ACD & Fusion surgery soon.
Thank you so much. I just want as much confidence as possible when I go to talk to her about all of this so I can try to help her relax about the situation.
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