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  1. #1
    Join Date
    May 2006
    Location
    Texas
    Posts
    7

    Unhappy Controlled Substance Possession Based on a Prescription

    My son was charged with felony possession of a controlled substance less than a gram (TX) ((?) if that's how they word it). However, it was a prescription drug, hydrocodone. He had one tablet in his pocket. He had visited the ER that Sunday where he obtained the RX, and was arrested for assault that Friday. Assault charges were dropped. (I posted previously with different questions)

    My question is this; may I send a copy of the hospital papers, to include RX for the prescription, to the DA and request the charges be dismissed or dropped? We haven't received any court date as of this post and it's been a month. If that is not a possibility, do you recommend we obtain counsel?

    Thank you.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Controlled Substance a Prescription

    Your son should definitely assemble proof that the drug had been prescribed to him, and that he possessed the pill pursuant to a lawful prescription. Note that the pill he possessed would have to match up with the prescription he received. That is, filling a prescription for Vicodin would not explain the subsequent possession of Lortab, even though both contain hydrocodone.

    If the charges are not dropped your son may wish to consult a criminal defense lawyer or request a court-appointed lawyer.

  3. #3
    Join Date
    May 2006
    Location
    Texas
    Posts
    7

    Default Re: Controlled Substance a Prescription

    Thank you. You're a very special person to take so much of your personal time to answer people's questions. I will send mail to the DA with copies of the prescriptions and hospital papers, requesting the charges be dropped. Once again thank you.

  4. #4
    Join Date
    May 2006
    Location
    Texas
    Posts
    7

    Question Re: Controlled Substance a Prescription

    We have the information, e.g.: prescription. My question is how would we go about giving this information to the court? Do we write the DA or the court directly, like the judge who has jurisdiction over the case or do we give the information to the police? We still have not been given a court date and this all happened in April. Is there a special way to present the information without a lawyer?

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Controlled Substance a Prescription

    Ideally you would do it through a criminal defense lawyer. If your son has chosen not to be represented, he can try to provide the information to the prosecutor; but if it were me I would get help from a lawyer.

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