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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 17113
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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got caught with Adderall 30mg been off,world has went

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got caught with Adderall 30mg been laid off,world has went downhill . 2 wrecks . im a trk driver. went to mental health and counsler said I have adhd but couldn't see syc for a month. I felt if I didn't get help I might do something bad to myself. so I asked around and everyone and they said adhd. so I do a really stupid thing and get caught. charged with poss of a prescript drug but I lied and said I didn't have them in my bottle. I done wrong but I am fighting for my life . advise pleeaase
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,

My name is XXXXX XXXXX I am a criminal lawyer.

This gives me some background, but what exactly are you looking to know about? Please use the reply tab below to respond.
Customer: replied 1 year ago.


actually quit my job .also


 

Expert:  Zoey_ JD replied 1 year ago.
Hi,

Thank you, XXXXX XXXXX are you looking to find out? Have you a court date for the criminal charge? Do you have an attorney? Have you appeared in court?
Customer: replied 1 year ago.

oct 10 . Wednesday no attourney. been out of work since april. haven't appeared in court . cant afford attorney. what can I do to keep a felony off my record. heard if I cant provide proof its mine. I cant. that they will re arrest me . im sorry to be a pain . don't want to go to jail. I have proof that adhd has spun my life out of control. wrecks , quit job, marriage,do have a problem. if I were just trying to get out of trouble for being a criminal I would not have contacted you.

Expert:  Zoey_ JD replied 1 year ago.
Hi Greg,

Thanks for your candor. Now I understand.

When you are the suspect in a criminal offense you do not ever have to prove your innocence. Under US law all of us are presumed innocent until proved guilty beyond a reaonable doubt.

That means that you don't and in fact should not, provide the state with any information about this matter. What you don't tell them can never hurt you because of your Constutional presumption of innocence. Anything you DO tell them, on the other hand, can be used against you.

So, don't give any further information to the police or to the state. Just tell them that you are waiting to discuss this with a lawyer before doing anything. They know you have that right and they should stop bothering you about the bottle.

That said, if they have enough evidence to arrest you they will probably send you a summons and you will be charged with a felony. But at least you wouldn't have given them a confession.

Once you are in front of the judge you would have to plead not guilty, which keeps all of your rights open, and then you could ask the judge for a free lawyer, because you are unemployed and can't afford one. The judge should appoint you a public defender because you have a Constitutional right to a lawyer and the state must give you one if you are unable to pay for representation.

When you get your lawyer, the lawyer can try to negotiate a deal for you that can keep you out of prison and possibly even keep you from ending up with a criminal record. If you have a drug dependency, which it looks like you do, there are specialty courts like Drug Treatment Court, for which you may turn out to be eligible, and which would not only give you help with your medical, emotional and substance issues but could ultimately end up in the dismissal of your charges.

This is a serious matter, but it's not as grim as you think it is, and you will be able to get help from a lawyer. Just don't get in your own way by talking about this incident to anyone other than the person who becomes your lawyer.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 17113
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Zoey_ JD
Zoey_ JD
Criminal Lawyer
17113 Satisfied Customers
Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.