My question involves criminal law for the state of: Indiana
I am 68 years old. I have a 40 year old son who has mental and physical disabilities. He is also suicidal and under the care of a phycologist. To make a long story short, I have for years shared my Xanax medicine with him on days that he is having a really hard time. He also has prescriptive medicine from his doctor. however, the Xanax seems to help him on really bad days. Last night in the snowstorm he mistakenly drove thru a grassy area at a CVS store. A policeman saw him and stopped him. Because of his mental capabilities, he thought perhaps he was on drugs since he could detect no alcohol. My son does not drink because of his meds. So they took him to a local hospital and did a drug screen on him. His prescriptive medicine showed up and so did the Xanax I had given him that morning. So they put him in jail. He has a hearing next week.
My question is should i talk to the prosecuting attorney or police and explain to him that the pills were mine, I have a prescription for them, and that i gave them to him? Would this help him beat a charge? Would this put myself in jeopardy for giving them to him and could I be charged? He is a really good kid who just has never gotten a break in life. His mental and physical disabilities have hindered him all his life.
Or should I wait till he has an attorney apponted to him and talk to him about it? I am on social security and he works part time as he can not hold down a full time job.