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  1. #1
    Join Date
    Oct 2009
    Posts
    2

    Exclamation Possession of a Narcotic with Intent

    My question involves criminal law for the state of: VIRGINIA

    My BF was arrested as a pasenger in a vehicle and charged with possesion of a narcotic with intent, because he had six-percocet 15 and $950 cash in his pocKet...this is a felony charge. He was also charged with possession of marijuana, but a small amount in which we are not worried about. He has a paycheck stub from the day in which he was charged which was direct deposit in the amount of $921.00 as he has a full-time 40 hr. a week job for the past 1 1/2 years. He was also prescribed twenty-percocet 10 a month and a half prior due to an injury. We need some advice because he cannot have a felony charge...let me also add the six percocets that were in his pocket were loose just like change! PLEASE HELP!

  2. #2
    Join Date
    Oct 2009
    Posts
    2

    Default Re: Possession of a Narcotic with Intent

    does anyone have any advice or legal expertise to help me?

  3. #3
    Join Date
    Oct 2009
    Posts
    7

    Default Re: Possession of a Narcotic with Intent

    get a lawyer, have him get a copy of the script and diagnosis to the prosecutor, see if he'll drop it or do some sort of diversion, especially if your bf has no record. why/how was he searched? There's recent case law from the Supreme Court regarding passenger searches, you might have a bad search depending on the circumstances. If it goes that far, I'd take it to trial before I'd plea to a felony, especially without a prior felony conviction. I not a VA lawyer and sometimes it can present a jury question if the pills are loose, he's got cash, but I'm thinking that in VA as long as the pills were obtained under a valid script you've got a good defense, and worst case scenario, they'll at least be unlikely to prove posession WITS (and if he hasn't been formally charged yet, I'd be surprised if he was charged with more than simple possession anyway). You said he was "prescribed twenty-percocet 10 a month and a half prior" so 10 of the pills could have been 2 or less weeks old? and the other 5, 6 weeks max? That's good, I just hope he had a legit reason for have them all in his pocket that day

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