How many counts are brought against you if you are caught wih drug possession? 54 Answers as of August 08, 2011

If you are arrested with 5 oxycodone in your possession how many counts are brought against you? Are you charged with 5 separate counts and have to be bonded out on each count?

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Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 8/4/2011
A.L.A. Law Group, LLP
A.L.A. Law Group, LLP | Lauren M. Mayfield
It depends. If it was one arrest the 5 pills will most likely be charged as one count of possession, however sometimes there are additional factors that will lead to other charges such as cash found on the person, text messages indicating buying or selling of illegal substances, the way the pills were packaged, etc. that will lead the DA to add additional charges for sales or something similar to that.
Answer Applies to: California
Replied: 8/3/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
This response is general information only and does not establish an attorney client relationship. However, it is up to the prosecutor as to the number of counts.
Answer Applies to: New York
Replied: 7/28/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
Normally the DA only files one count if you are found with several pills of the same substance.
Answer Applies to: California
Replied: 7/28/2011
Eric M. Mark, Attorney at Law
Eric M. Mark, Attorney at Law | Eric Mark
No. You will get one bail. How much depends on criminal history and other facts.
Answer Applies to: New Jersey
Replied: 7/28/2011
    Castleberry & Elison
    Castleberry & Elison | Peter Castleberry
    If you are arrested for possessing five different tablets of the same substance, you should be charged with a single count of possession and security will be set for the single charge.
    Answer Applies to: Oregon
    Replied: 7/26/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    Five pills of the same substance should be one count.
    Answer Applies to: Washington
    Replied: 7/26/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    Usually, it is only one count of possession of controlled substance, not a count per pill.
    Answer Applies to: Alabama
    Replied: 7/26/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    One count of possession or possession with intent to deliver depending on the circumstances.
    Answer Applies to: Michigan
    Replied: 7/26/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    One count per drug.
    Answer Applies to: California
    Replied: 7/26/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Thank you for your inquiry In general, the situation you describe will result in one count. However, there may be circumstances where this is different. You should consult with your attorney to more fully discuss this concern. SHould y ou be in need of an attorney in the Macomb, Oakland, or Wayne County Areas, you should contact this office to arrange an appointment. I hope that this was helpful
    Answer Applies to: Michigan
    Replied: 7/26/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Usually one count.
    Answer Applies to: Alabama
    Replied: 7/26/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    It is up to the prosecuting attorney to determine what charges are brought in a criminal matter. It is possible that each pill could bring a separate charge but generally there would be one charge. As for bond, regardless of the number of charges, there is one complaint filed. Bond would be set depending on the charges in the complaint but would not be per charge.
    Answer Applies to: Michigan
    Replied: 7/26/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You ask in your summary if you have 5 pills of Oxycontin will you be charged with five counts and have to be bonded out on each count. That is an extremely stupid question that should be addressed to your public defender...he could probably use a laugh. You will be charged with a misdemeanor possession charge. If you had 50 pills you would be charged with 220.15, Criminal Possession with Intent to Sell. That is a B Felony that carries a sentence of 1-9 years fr a first offense and a 6 year minimum if you have a prior violent felony. It is a synthetic heroin and you will get very addicted to them...quit taking them before it's too late or you will be in the same boat as Amy Winehouse and all the rest of the people who fool around with pills. Good Luck.
    Answer Applies to: New York
    Replied: 7/26/2011
    Potter Law Offices
    Potter Law Offices | Cal J. Potter, III, Esq.
    No you would be charged with one count of possession.
    Answer Applies to: Nevada
    Replied: 7/26/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    There is not a set rule as to how it can be charged, most likely as one charge with the total amount of grams aggregated (added up) to create a more serious charge.
    Answer Applies to: Colorado
    Replied: 7/26/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    You should only be charged with one felony count of possession of a controlled drug. If pills were located in 5 different locations you could be charged separately, but it is unlikely.
    Answer Applies to: New Hampshire
    Replied: 7/26/2011
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    Five pills in one incident is one charge, not 5.
    Answer Applies to: California
    Replied: 7/26/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Since it arises some the same factual scenario, it is one count and the amount you get caught with will determine the nature of the charge. Consult with an experienced criminal attorney who provide you with a more specific answer tailored to your case.
    Answer Applies to: Michigan
    Replied: 7/26/2011
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    If they found all at the same time, you are charged with one count.
    Answer Applies to: Massachusetts
    Replied: 7/26/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The answer depends on the particular facts of the case, the amount of contraband, how it was discovered and more. If there was only one incident with oxycodone pills, the charge in Minnesota is likely to be one count of fifth degree felony possession.
    Answer Applies to: Minnesota
    Replied: 7/26/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    They can charge per pill although generally they charge only for each type of pill. You will have to make a full bond on each charge unless your lawyer can convince the judge to set the bonds on 2 to 4 of the charges at a VERY low amount because the State's seeming vindictive action in charging for each pill.
    Answer Applies to: Texas
    Replied: 7/26/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    However counts many the prosecutor thinks he can prove. In your case, you may face only one felony count of possession, unless also charged with possession for sale. You'll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing. However, the prosecutor can amend at any time he feels he can prove additional or different charges. The filed charges determine how much prison time would be imposed if convicted. Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 7/25/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    It is usually just one charge. If you qualify, you can get into the PC 1000 diversion program and earn a dismissal.
    Answer Applies to: California
    Replied: 7/25/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    You will only be charged with one count of drug possession.
    Answer Applies to: California
    Replied: 7/25/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Usually just one count will be brought and you would have one bond.
    Answer Applies to: Kansas
    Replied: 7/25/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    It should be one count - Either possession of a prescription drug without a prescription (a misdemeanor) OR possession of a controlled substance (felony) OR possession with the intent to distribute or sell (felony) if they think you intended to sell. Under any of those scenarios, you will need a good criminal defense attorney to represent you in court. Regarding the bail - each of the offenses above will have their own bail amounts. They shouldn't be stacked for each pill.
    Answer Applies to: California
    Replied: 7/25/2011
    Anderson & Carnahan
    Anderson & Carnahan | Stephen Anderson
    Ordinarily it is one count for possession with intent to distribute.
    Answer Applies to: Colorado
    Replied: 7/25/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Usually if it's one drug type, they will charge it together, although there may be more than one charge depending on the circumstances. For instance, they may charge you with possession, or charge you with intent to sell, trafficing, a combination of those charges, etc.
    Answer Applies to: California
    Replied: 7/25/2011
    Law Offices of Sean Logue
    Law Offices of Sean Logue | Sean Logue
    You should be charged with one count for the entire amount.
    Answer Applies to: Pennsylvania
    Replied: 7/25/2011
    Law Office of John E. Gutbezahl LLC
    Law Office of John E. Gutbezahl LLC | John E Gutbezahl
    If a person is alleged to have been in possession of more than one pill/baggie etc of one drug then they are generally charged with one count.
    Answer Applies to: Oregon
    Replied: 7/25/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Typically not if it is the same course of conduct. As long as it is simple possession, it doesn't matter if it is one or 13. The exception would be possession with intent to distribute. For that there would have to be evidence you intended to sell them.
    Answer Applies to: Washington
    Replied: 7/25/2011
    Law Office of Robert L Keates, PLLC
    Law Office of Robert L Keates, PLLC | Robert Keates
    Normally, depending on where you are in Texas, that will be charged as one count.
    Answer Applies to: Texas
    Replied: 7/25/2011
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    Usually one count for the five pills. Could they charge it another way? Yes.
    Answer Applies to: Florida
    Replied: 7/25/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    Most officers would just charge one count of possession for 5 pills.
    Answer Applies to: Georgia
    Replied: 7/25/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    While each criminal case is different, generally, assuming it was one incident, then the state would likely make that one count of possession. You should retain a criminal lawyer ASAP! Good luck!
    Answer Applies to: Georgia
    Replied: 7/25/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You should be charged with either one count of possession of oxycodone (if you do nto have a prescription) or one count of possession with intent to distribute (because of the number). The bond will set based on your criminal history, age and ties to community.
    Answer Applies to: Georgia
    Replied: 7/25/2011
    The Law Office of Lewis R. Rosenblum
    The Law Office of Lewis R. Rosenblum | Lewis Rosenblum
    Usually only one count if it was all found at the same time. If on separate dates than it is likely you will see separate counts.
    Answer Applies to: California
    Replied: 7/25/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Typically, for straight possession, there would be one count.
    Answer Applies to: Florida
    Replied: 7/25/2011
    Law Office of Michael Brodsky
    Law Office of Michael Brodsky | Michael Brodsky
    Under Washington State law, the unit of prosecution in a simple possession of drugs like your case is a single count. If there is a high enough quantity or there is evidence of deal i.e., intent to deliver, then the charge can be escalated to a more serious charge of drug dealing. The Federal system, however does things differently.
    Answer Applies to: Washington
    Replied: 7/25/2011
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    Typically you are only charged with one count. I have never seen separate counts for each pill and I am a former senior drug prosecutor.
    Answer Applies to: Washington
    Replied: 7/25/2011
    Eric J Schurman, Attorney at Law
    Eric J Schurman, Attorney at Law | Eric James Schurman
    You would be charged with one count of drug possession.
    Answer Applies to: Washington
    Replied: 7/25/2011
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    If arrested for drug possession in Virginia with more than one illegal pill or substance in your possession, the number of charges is at the discretion of the arresting officer and/or prosecutor (Commonwealth's Attorney). Some police officers charge a single possession count for all pills, some charge a higher crime of drug distribution for finding numerous pills, and some charge one count per pillusually if found in different areas of the car, person or location. There are two levels of drug charges in Virginia, simple possession and drug sale/distribution. There is also a separate charge for having drug paraphernalia (wrapping papers, pipes, bongs, etc). Only simple possession may be dismissed for first time offenders with small quantities. Obviously, one count is better than being charged five times for five pills.
    Answer Applies to: Virginia
    Replied: 7/25/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    You would likely be charged with one count of misdemeanor drug possession. In theory, you could also be charged with one count of possession with intent to sell.
    Answer Applies to: New York
    Replied: 7/25/2011
    Laguzzi Law, P.C.
    Laguzzi Law, P.C. | Carina Laguzzi
    It depends on the circumstances, but usually you are facing either one count of possession of a controlled substance, a misdemeanor. You of course could be charged with a felony possession with the intent to distribute a controlled substance. Bail is set depending on the nature of the charges, the circumstances of the case, and your criminal history, if any.
    Answer Applies to: Pennsylvania
    Replied: 7/25/2011
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