Is it right for me to be charged with trafficking for buying Vyvanse at school? 23 Answers as of May 28, 2013

I was caught with six Vyvanse pills at school after I bought them. I was not selling them and had no intent to. However, I am being charged with trafficking instead of possession. Is this the correct charge? It is a level four felony. I received the pills free with anticipation to pay the following day. I told the police I had no intent to sell it, and that I was going to use it all for personal use. My paper says trafficking for intent to sell but the police report says nothing about intent to sell because there was none.

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Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
Trafficking hs nothing to do with the intent on selling or distribuing the pills it has to do with the quantity of the pills. As this happened at a school I would suggest that the prosecutor and the judge are likely to be rather severe. Consider hiring an attorney immediately.
Answer Applies to: Alabama
Replied: 9/22/2012
Steven Alpers | Steven Alpers
I suspect this is not a California case, there are no classes of crimes in California. I only advise on Calilfornia laws. The DA may file it as a possession and in CA you would be eligible for drug treatment.
Answer Applies to: California
Replied: 9/20/2012
Universal Law Group, Inc. | Francis John Cowhig
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. First of all, since we do not have all the facts, it is not really possible to answer with complete accuracy. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
Answer Applies to: California
Replied: 9/16/2012
James M. Osak, P.C.
James M. Osak, P.C. | James M. Osak
Yes.
Answer Applies to: Michigan
Replied: 5/28/2013
Hamblin Law Office | Sally Hamblin
Yes based on the amount. Do not talk to anyone until you have an attorney. I mean anyone (except parents). Do not communicate with anyone in any form of writing...twitter, text, email, facebook, all social media. Nobody. Get an attorney.
Answer Applies to: Michigan
Replied: 9/16/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    If that quantity is consistent with personal use and you had no indicia of potentially dealing, then you have a winnable issue.
    Answer Applies to: Pennsylvania
    Replied: 9/16/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Your indictment, not paper. Those are the charges the prosecutor intends to pursue. It doesn't really matter. Because whether they charge you with possession, pWID or drugs on school property, they are all feonies and you can be sentenced to a year or more in jail. The real questions: (1) why are you taking pills; (2) why get the pills at the school and jeopardize your education; (3) why would you trust the person who sold them to you, to not tell the school that you are selling.
    Answer Applies to: Georgia
    Replied: 9/16/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    In New York State the charge is PL 220.16, Possession With Intent to Sell and it is a B felony that carries up to 9 years in prison. The prosecutor must prove that you intended to distribute the drugs, sell them, or give them away since that it considered a "sale". They can charge that crime but they will probably offer a misdemeanor possession with probation. You should not have talked to the police or listened to what they threatened you with or promised you in order to get you to make admissions. Retain a lawyer to handle the case.
    Answer Applies to: New York
    Replied: 9/16/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Is it right? You are charged with a crime the DA believes they can convict you on. If you are questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. While this isn't a 'capital case', you certainly face fines and potential jail, so handle it right. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 9/16/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    It doesn't matter what actually happened. What matters is what they think they can get you for. Time to hire a good lawyer pal.
    Answer Applies to: California
    Replied: 9/16/2012
    Attorney at Law | Ernest Krause
    The DA has to produce evidence to support the trafficking charge. If there is any, it will be in the "discovery," all the documents, photos etc., supporting the case. Someone (attorney) has to evaluate that.
    Answer Applies to: California
    Replied: 9/16/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The question is not whether the charge is correct but whether there may be any defenses to the charge. To make such a determination, all of the evidence must be reviewed including any police reports and statements.
    Answer Applies to: Minnesota
    Replied: 9/16/2012
    Law Office of Mark Bruce
    Law Office of Mark Bruce | Mark Corwin Bruce
    There are no "level four" felonies in California. This clearly happened in another state, as the California statutes used the term "possession for sale" not "trafficking." You should log on to a website discussing criminal law for the state in which this happened. On the other hand, this may be a Federal Case. Federal cases proceed under federal law, and you'll need a lawyer conversant in that field to help you.
    Answer Applies to: California
    Replied: 9/16/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    You should have an excellent defense to the trafficking charge. Hire a lawyer.
    Answer Applies to: Massachusetts
    Replied: 9/16/2012
    Gates' Law, PLLC | Thomas E. Gates
    You may be able to plead down to possession, but the amount of Vyvanse you had at the time of arrest determines the level and type of charge.
    Answer Applies to: Washington
    Replied: 9/16/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    It depends on the evidence. The state usually starts out with the highest charge. The ultimate resolution of the charges may be a plea to simple possession. That would ne a C felony as opposed to a B felony, which is what your current charge is.
    Answer Applies to: Washington
    Replied: 9/14/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Get a lawyer and you should end up in drug court. The idea of personal use is over rated, since more than one pill would be trafficking.
    Answer Applies to: Nebraska
    Replied: 9/14/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Yes.
    Answer Applies to: Michigan
    Replied: 5/22/2013
    Law Office of Richard G. Terry | Richard G. Terry
    Often the police testify as to intent to possession with intent to sell based upon the quantity in the person's possession, the can arrest you for it and possibly get a conviction on it if the jury or judge (if you are a juvenile) believe the police.
    Answer Applies to: California
    Replied: 9/14/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    There is no level four felony in Florida. This must have occured in another state.
    Answer Applies to: Florida
    Replied: 9/14/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    You need a lawyer to help fight the matter. SOmeone thinks you are trafficking just because of the amount of pills.
    Answer Applies to: Michigan
    Replied: 9/14/2012
    William L. Welch, III Attorney | William L. Welch, III
    Anyone may be charged with anything. Whether the prosecution can prove it is another matter.
    Answer Applies to: Maryland
    Replied: 9/14/2012
    Swann-Zwiebel Law Firm, LLC
    Swann-Zwiebel Law Firm, LLC | Elizabeth Swann
    If you are under 19 in Alabama, then you may qualify for youthful offender status. If not, you need to seek legal representation immediately. Do not discuss the facts of your case or give any statements.
    Answer Applies to: Alabama
    Replied: 9/14/2012
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