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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27134
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Name is ***** ***** and i got charged with 2c:35-10a and 2c:36-2

Customer Question

name is ***** ***** and i got charged with 2c:35-10a and 2c:36-2 cud those be dropped down to mis if i have a prescription bottles at home but not on me at the time i got arrested
JA: Thanks. Can you give me any more details about your issue?
Customer: i was taking my friend to the doctors and then to the pharmacy to get his script filled like i do every 2 weeks for the past 2 years. i also go to the doctors on the same week. he doesn't have a DL so i drive him to his appt every time. he gets xan,adderal,prednisone,and buprenorphine. when i go i get adderal,neuron tin,xanax,and oxycodone. the police officer pulled me over and said that i was on my cell phone thats why he pulled me over but that was a lie cause cell phone was on it holder and gps was being used to get to the next pharmacy. he started to ask where we going and where we coming from and if we all had id. he never asked me about the insurance or reg he just wanted our ids but i gave him all my documents and he kept asking more and more questions to my passengers. afterwards he asked me to step out of the vehicle and to tell him what is going on. after explaining it to him once i had to explain it to him again that i take my friend to the clinic and then to the pharmacy to get scripted fill and didn't think that was a crime but the officer stated that he thinks something else was going on. he asked me if i had and weapons or drugs on me and started to pat me down. where he patted a puffy objected in my pant pocket and asked what was that. i forgot what was in my pocket cause i have been driving my friend around to 6 rite aid pharmacies in the last 4 hours and i was really tired. it was the rite aid bag filled with some of my friends medication that he had ask me to hold for him till next week cause his son kept steeling his meds when he fell asleep. i didn't think nothing of it cause i wasn't doing any thing wrong. in the bag was the buprenorphine and adderals. officer asked who's was it and i stated it was my friends. my friend also told the officer that he gave me those to hold for him cause of his son steeling from him. i am prescribed adderal and oxycodone but not bupenorphine. How can i beat this charge. if i were to see a doctor and he prescribed me both of those meds would i be exempt from prosecution?
JA: OK got it. Last thing — Criminal Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello, In what US state did this happen?
Customer: replied 1 year ago.
New Jersey
Expert:  Zoey_ JD replied 1 year ago.
Was your friend's medication in bottles with his name on it? Was your friend arrested too? Do either of you have prior criminal convictions and if so, for what?
Expert:  Zoey_ JD replied 1 year ago.
Hello, I was hoping to hear back from you so that I could get a bigger picture before giving an answer. However, I can respond, and if it doesn't cover all you wished to know, you can reply again, and I will add to this answer. You were charged with felony possession, which is good, because it means that what you had was in personal use amount. Otherwise you'd have been charged with possession with the intent to sell the medication. You were also charged with possession of paraphernalia, which is less important because the charge is less serious. The prosecutor does have the power to reduce felony charges to a misdemeanor possession if he wishes to do so. Straight felony possession cases frequently are reduced in this manner, and may be especially possible here when you and your friend both have valid prescriptions for the substances that you take, and you can demonstrate that. While it will be helpful for you to get something from your doctor and from your friend's doctor stating what medications were prescribed for you, you should not try to handle this matter for yourself. It is a felony charge and depending upon whether the drugs were found in their original pharmacy labeled bottles, a doctor's letter won't be enough to get the case dismissed. So the best way to see that the charges are eventually reduced or dismissed would be to hire a criminal lawyer to represent you with this case. Once you have him, you could sign a release with your doctor allowing your lawyer to discuss your prescriptions with him, and your lawyer can also check with the pharmacies to make sure you and your friend had just picked up those medications lawfully on the day you were arrested. If you can afford a lawyer, you should have him with you on your first court date. If you are indigent cannot afford one without substantial hardship, when you show up for your arraignment, plead not guilty when asked how you plead. Then tell the judge that you are without the funds to hire a private attorney and that you need him to appoint you a public defender.