What should I do if incorrectly charged for possession of methamphetamine? 9 Answers as of March 15, 2011

I was charged with possession of methamphetamine. It wasn’t meth though, it was Adderall. I don't have a prescription, but plan on getting one soon via a psychologist. Do I plead "not guilty" and if found guilty, how can I keep this off my permanent record? What are my tangible options? I have zero priors, no felonies, no probation and it was less than a 1/4 gram.

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Hire an attorney to go over your case with you and see if you're eligible for either PC 1000 are prob 36.
Answer Applies to: California
Replied: 3/15/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
You need an attorney first of all. Then the suspected drug can be retested by an independent lab to determine exactly what it is. Then if it is meth your attorney will have to argue based on the evidence that you are not guilty. If that fails you can either avail yourself of a drug treatment program through the court after which your case would be dismissed if you complete it successfully. Or you can roll the dice and go to trial claiming your innocence.
Answer Applies to: California
Replied: 3/15/2011
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
You need a very good lawyer and quickly. You should plead not guilty, The problem is that without an Rx for adderall you will be in serious trouble. There is no way to keep either one off your record but it is best to get your advice from your attorney.
Answer Applies to: California
Replied: 3/14/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
You plead not guilty and get a good attorney. If it's not meth then a lab report should easily show that.
Answer Applies to: California
Replied: 3/14/2011
Law Offices of Lawrence Wolf
Law Offices of Lawrence Wolf | Lawrence Wolf
Contact an attorney ASAP BEFORE YOU DO ANYTHING
Answer Applies to: California
Replied: 3/14/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Coincidentally, I just got of Court representing someone charged with possession of meth, although his case was a little more serious since he had priors and parole violations. I was able to keep him out of prison by getting a court approved Prop 36 program. Depending on your case, you may want to fight it. Other options would include PC 1000 (deferred entry of judgment) and Prop 36. Those are, in short options to do a drug program as opposed to jail or prison time. Additionally, upon successful completion of a program, it is possible to get the conviction dismissed. Give me a call if you would like to speak about those options in more detail to give you a better understanding.
    Answer Applies to: California
    Replied: 3/14/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Talk to an attorney, not just about the evidence against you, but also about sentencing alternatives. For example, you may be eligible for a diversion program, the completion of which may result in a dismissal in your case.
    Answer Applies to: California
    Replied: 3/14/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    You fight it. You keep it off your record by not being convicted. When arrested and charged with any crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, set up and attend the court hearing[s] and trial date[s]. Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for evidence suppression or other motions, plea-bargaining, or at trial. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. 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 for you, or take it to trial. If serious about doing so, and if this is in SoCal courts, feel free to contact me. Ill be happy to help you use whatever defenses you may have. You can get a prescription after the fact, but that is not the same as having one at the time, which could have avoided the arrest. If you can't afford private counsel, you can apply for the Public Defender.
    Answer Applies to: California
    Replied: 3/14/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    No prior record and no other charges, should qualify for deferred entry of judgment [DEJ ]. Complete program, stay clean for 18 mos to 3yrs and case is dismissed.
    Answer Applies to: California
    Replied: 3/14/2011
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