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  1. #1
    Join Date
    May 2011
    Location
    California
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    4

    Lightbulb Possession of a Controlled Substance Charge for Vicodin

    My question involves criminal law for the state of: California

    Last week my boyfriend was arrested for Possession of a Controlled Substance. He had one pill of vicadin on his persons. They charged him with a felony. He also violated his probation, it's his first violation. he also has a suspended two year prison sentence. We are hoping that he qualifies for Prop 36 which states giving arrestees drug rehab instead of jail time. I'm trying to figure out what might happen to him. I'm really worried about him getting prison time.

    What are his chances of his probation being reinstated?

    Please this is killing me!!!

  2. #2
    Join Date
    Jan 2011
    Location
    California
    Posts
    90

    Default Re: Possession of a Controlled Substance

    It depends on if the Vicodin was legally prescribed to him - if so, and he can prove it, then he is not in violation (unless the terms of his probation specifically prohibit being in possession or under the influence of a controlled substance, even with a prescription - extremely rare). If not, or he can't prove it, then it all depends on the judge. Chances are that since his previous sentence was suspended, he'll be forced to do at least some jail or prison time, though with the current budget situation in CA it's unlikely he'll do more than 20-50% of that sentence. I've seen probation violation cases go wildly in either direction - some get dropped when it's clear that the violator is dealing, while others get hammered for a few pills or a small baggie for personal use.

    If it was only one pill then the case might get dropped by the DA anyway; if it doesn't, then see if your boyfriend can bargain with the DA (probably best done through his attorney) to drop the case or recommend Prop 36 since to weigh down a DA's already over-heavy case load for a violation based on one pill seems a bit ridiculous.

    Best of luck to you and your boyfriend.

  3. #3
    Join Date
    May 2011
    Location
    California
    Posts
    4

    Unhappy Re: Possession of a Controlled Substance

    The vicadin wasn't prescribed to him. His father gave it to him because he has an impacted tooth that was bugging him. and he didn't have insurance. It's his first violation. The courts were already kinda talking about Prop 36 for him.

    Well also he had missed court back in March so I do believe that was the main reason why he violated his probation!!

    Thanks for the advice I feel a little better about things!!

  4. #4
    Join Date
    Jan 2011
    Location
    California
    Posts
    90

    Default Re: Possession of a Controlled Substance

    Under CA Health & Safety Code 11171, it's illegal for anyone other than a licensed physician or pharmacist to prescribe or dispense controlled substances to anyone, even if Dad is jsut giving Junior a couple of codeine for a migraine and the pills never leave the home. Does it happen all the time? Oh, I'm sure. Doesn't make it legal though.

    I am starting to get a little confused though...your original post indicated that the Vicodin possession from a week ago was your boyfriend's first violation, yet you mention an FTA (failure to appear) back in March as another violation. Also, what was the original violation that got him put on probation to begin with? All of these things are going to impact your boyfriend's case on this new charge. At least there is some good news in that Prop 36 is already being discussed as an option.

  5. #5
    Join Date
    May 2011
    Location
    California
    Posts
    4

    Default Re: Possession of a Controlled Substance

    Oh sorry, well his first offense was felony vandelism back in '05 he was put on probation instead of prison. He did miss court, he had a warrant for missing court so I dnt knw if he's facing two violations instead of one. I am getting confused bout it myself.

    yea I'm glad that during his arraignment they mentioned it because now we know what might be put on the table as in sentencing

  6. #6
    Join Date
    Jan 2011
    Location
    California
    Posts
    90

    Default Re: Possession of a Controlled Substance

    Usually a failure to appear is a violation (in fact even if the person is not on probation or parole it is a warrantable offense). Sounds like your boyfriend failed to show, the judge issued a bench warrant for his arrest, he got stopped and was found to have the outstanding warrant so they arrested him, searched him and found the pill, and then (I'm guessing) probably cited him out either in the field or from the jail rather than holding him overnight. Sometimes they will hold an FTA overnight to force them to go to court, but not all the time (especially if the bail listed on the warrant is low). He is, however, looking at two counts - meaning two violations. They might use one to force a deal on the other, which isn't necessarily a bad thing in this case from the sounds of it.

    Long story short, two violations.

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