What can I do if I was charged with possession schedule for controlled substance? 9 Answers as of February 24, 2013Upon a traffic stop in which I was a passenger in the vehicle, I was charged with possession of a scheduled 4 controlled substance (Xanax) in which I have a prescription for. However, they were in a cellophane wrapper. I had first stated I had no knowledge of them being there due to the fact there were several other items of paraphernalia found in the vehicle and I was scared I would be charged with everything, yet I was. Can I be held accountable on all charges based on the facts that I have a current prescription for the Xanax and did at the time, the driver had admitted to all other charges being his and that I was unknown to the paraphernalia being in the vehicle, and I was never read my Miranda rights?
The Law Offices of John J. Carney Esq. | John J. Carney
First of all, you should have both remained silent and not consented to a search or interrogation by the police officer. Second, you should know that it is a crime to have pills out of the prescription bottle (a stupid law but a law nonetheless and it could be a felony). Second, you should retain a good criminal lawyer and he will probably be able to get the charge dismissed or reduced. Third, never drive around with paraphernalia or drugs in a car, that is asking to be arrested. At least have it in the trunk where it is not likely to be found and where the officer might not have probable cause to search. What you don't know about your constitutional rights can hurt you, print the Miranda Rights Form from my website, it will tell you everything to do if the police arrest you. Remember, "Fish Don't Get Caught Until They Open Their Mouth." Good luck.
Answer Applies to: New York
William L. Welch, III Attorney | William L. Welch, III
An attorney can assist you with evaluating the prosecutions case, any defenses that you might have, and any plea offer that might be made, in deciding whether to plea bargain or go to trial. Even if you are convicted, an attorney can assist you with presenting mitigation, elocution, any recommendation for a more lenient sentence. Consider seeking a confidential consultation with an experienced criminal defense attorney.
Answer Applies to: Maryland
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. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options. With regards to Miranda rights, although an officer should read you your Miranda rights when you are arrested, it is not absolutely necessary as long as you are not questioned about the crime for which you were arrested or were detained during the questioning. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest.
Answer Applies to: California
Rizio & Nelson | John W. Bussman
If you're ONLY accused of possessing Xanax and you can prove that you had a valid prescription at the time, you should have your lawyer try to speak with the DA to prevent the filing of criminal charges against you. Of course, if you're accused of anything other than simple possession, your prescription might not be any defense. For example, if you're accused of selling Xanax, sharing it with friends, or possessing other drugs, it's no defense to argue that you had a valid prescription for Xanax. The fact that the pill were wrapped in cellophane looks suspicious because it creates the impression that you were selling (or trying to sell) them. Also, the fact that you initially lied to the cops doesn't help. Miranda rights are super complicated and usually don't make any difference. They only come into play if you confessed to a crime and the prosecutor wants to use your confession as evidence against you. Hire a private attorney ASAP to see what can be done to nip this in the bud, before it turns into a criminal case. Good luck.
Answer Applies to: California
LeadfootSpeedingTicket.com | Andrea Storey Rogers
Police don't have to read you the Miranda rights unless they want to question you while you're in police custody. The police charged you with possession of everything in the car because you both had access to everything that was in the car. In many cases, one person will "take the fall" for their friends and admit that all the drugs or paraphernalia belong to him, but the police see it as everyone in the car could have access to whatever was in the car, so they charge the driver and all passengers with the same crime. You need to hire an attorney to represent you. If you can show proof of your prescription for the Xanax, then that should help your attorney get that charge dismissed, and possibly negotiate a plea bargain with the prosecutor regarding the other charges. If you have no prior convictions for drug possession, your attorney can probably negotiate a good deal to keep this off your criminal record.
Answer Applies to: Missouri