QUESTION
Is it right for me to be charged with trafficking for buying Vyvanse at school?
Asked on Sep 07th, 2012 on Criminal Law - Alabama
More details to this question:
I was caught with six Vyvanse pills at school after I bought them. I was not selling them and had no intent to. However, I am being charged with trafficking instead of possession. Is this the correct charge? It is a level four felony. I received the pills free with anticipation to pay the following day. I told the police I had no intent to sell it, and that I was going to use it all for personal use. My paper says trafficking for intent to sell but the police report says nothing about intent to sell because there was none.
15 ANSWERS
Leonard A. Kaanta
Yes.
Answered on May 22nd, 2013 at 3:43 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I suspect this is not a California case, there are no classes of crimes in California. I only advise on Calilfornia laws. The DA may file it as a possession and in CA you would be eligible for drug treatment.
Answered on Sep 20th, 2012 at 4:00 PM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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The DA has to produce evidence to support the trafficking charge. If there is any, it will be in the "discovery," all the documents, photos etc., supporting the case. Someone (attorney) has to evaluate that.
Answered on Sep 16th, 2012 at 3:05 AM
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. First of all, since we do not have all the facts, it is not really possible to answer with complete accuracy. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Sep 16th, 2012 at 3:05 AM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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If that quantity is consistent with personal use and you had no indicia of potentially dealing, then you have a winnable issue.
Answered on Sep 16th, 2012 at 3:04 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Is it right? You are charged with a crime the DA believes they can convict you on. If you are questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. While this isn't a 'capital case', you certainly face fines and potential jail, so handle it right. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answered on Sep 16th, 2012 at 2:55 AM
It doesn't matter what actually happened. What matters is what they think they can get you for. Time to hire a good lawyer pal.
Answered on Sep 16th, 2012 at 2:45 AM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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There are no "level four" felonies in California. This clearly happened in another state, as the California statutes used the term "possession for sale" not "trafficking." You should log on to a website discussing criminal law for the state in which this happened. On the other hand, this may be a Federal Case. Federal cases proceed under federal law, and you'll need a lawyer conversant in that field to help you.
Answered on Sep 16th, 2012 at 2:44 AM
Thomas Edward Gates
You may be able to plead down to possession, but the amount of Vyvanse you had at the time of arrest determines the level and type of charge.
Answered on Sep 16th, 2012 at 2:43 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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You should have an excellent defense to the trafficking charge. Hire a lawyer.
Answered on Sep 16th, 2012 at 2:43 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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There is no level four felony in Florida. This must have occured in another state.
Answered on Sep 14th, 2012 at 9:52 PM
Often the police testify as to intent to possession with intent to sell based upon the quantity in the person's possession, the can arrest you for it and possibly get a conviction on it if the jury or judge (if you are a juvenile) believe the police.
Answered on Sep 14th, 2012 at 7:54 PM
Michael J. Breczinski
You need a lawyer to help fight the matter. SOmeone thinks you are trafficking just because of the amount of pills.
Answered on Sep 14th, 2012 at 6:48 PM
If you are under 19 in Alabama, then you may qualify for youthful offender status. If not, you need to seek legal representation immediately. Do not discuss the facts of your case or give any statements.
Answered on Sep 14th, 2012 at 6:32 PM