QUESTION
Can a possession charge stick if you were driving a vehicle where they found the owner prescription medication?
Asked on Apr 13th, 2013 on Criminal Law - California
More details to this question:
I was driving my mother's vehicle when I got pulled over for only God knows what but none the less I have a suspended driver's license because of a pending court case and they asked me to step out of the vehicle and asked if I had anything in the vehicle I said no because to the best of my knowledge there was nothing illegal in the vehicle (it's my mom's car) so I let the police officer search the vehicle and too my surprise he found two of her prescription pills on the floor board. She has kidney cancer and she is prescribed a form of morphine. So the cops find the two morphine pills and charge me with possession of a controlled substance. I went to jail and had to post a $25,000 dollar bond. is there a way I can have my mom go with me up to the police station or court house and show someone that those pills were really hers and that she has a prescription for those pills? I really don't want to have a felony on my record especially when I did nothing wrong I appreciate any inquiry and/or foresight into this unfortunate situation thank you.
3 ANSWERS
Thomas Edward Gates
She should file a supplemental report; however, she will need to explain why/how the pills were not in her vial.
Answered on Apr 16th, 2013 at 8:43 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It can stick, you must defend yourself. Get an attorney, this could follow you for the rest of your life.
Answered on Apr 16th, 2013 at 8:19 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The short answer is that the fact that the drugs belonged to your mother and you were driving your mother's car "may" be a defense to the charges. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Apr 16th, 2013 at 1:48 AM