Felony Possession of a Controlled Substance in Idaho
My question involves criminal law for the state of: Idaho
I was parked and making kissy face with a lady friend at a closed u-haul dealership when a police office pulled up. He could smell alcohol on my breath so he made me take a field sobriety test which I failed. Afterwards he searched me and found 1 adderall 10 mg pill and 2 baclofen pills. I was placed under arrest for DUI but Passed the Breathalizer. After he informed me that the adderall was a felony and I was arrested and charged.
I have no criminal record or history. Can I expect Jail time for this as a first offense? Also I have taken this type of medication before, does a new prescription help my case?
Re: Felony Possession of a Controlled Substance in Idaho
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scottthompson1982
Can I expect Jail time for this as a first offense?
Jail is always a possibility with drug felonies.
Hire yourself a good criminal lawyer.
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Quoting
scottthompson1982
Also I have taken this type of medication before, does a new prescription help my case?
A "new" prescription? You mean one dated subsequently to your arrest? I seriously doubt it.
A prescription that was written before you were arrested would likely get you off the hook. In other words, the little plastic bottle that you get from the pharmacy with your name on it and the prescription number and the date the bottle was filled. You got one of those?
Re: Felony Possession of a Controlled Substance in Idaho
I sure don't. I have hired a good lawyer and he was the deputy prosecutor in that county for 14 years. I am hoping he can plea me down. I do have a letter from the doctors office advising that I am legally prescribed this type of medication. I never thought 1 pill would be such a big deal. The idea of losing my job and freedom for one mistake seems crazy. Lesson Learned.
Re: Felony Possession of a Controlled Substance in Idaho
"A prescription that was written before you were arrested would likely get you off the hook." (if you have this you might be golden). A felony charge is serious but it being your 1st offense and a small amount are factors working in your favor. Chances are you probably can get probation and avoid jail but you also want to see what can be done to limit the damage. Sometimes courts have a drug program for first time offenders with small amount of drugs,if you stay out of trouble you can avoid having a conviction. I think you at least got a fighting chance getting it reduced to a misdemeanor . It depends on the da and judge,how strict your state drug laws are.