Legal Question in Criminal Law in California

arrested for not having a prescription

A friend was arrested at our work because witnesses claim they saw a drug transaction where money was involved. There was a transaction of a pill (hydrocodone), but money was not involved. The individual who gave the pill to another co-worker was arrested for not having a prescription for the drug, but NOT for the intent to sell. This individual only had a couple pills on her which were given to her by her mother because of extreme back pain. The individual was fired and a court hearing is coming up. What will most likely happen if this friend pleads guilty/no contest or not guilty to the charge? FYI-other friends are telling the individual that she should tell the judge she needs help for drug abuse, so that the judge will go easy on her..is this a bad idea when there is no drug abuse? thanks


Asked on 1/30/09, 2:36 am

4 Answers from Attorneys
George Moschopoulos The Law Office of George Moschopoulos

Re: arrested for not having a prescription

The best advice you can give your friend is to hire a criminal defense attorney. Lying or misleading a judge is NEVER a good idea.

If your friend is in So Cal and she is serious about getting legal help, have her contact us.

Best of Luck!

www.NotGuiltyInCA.com

George M.

714.904.1669

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Answered on 1/30/09, 2:40 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: arrested for not having a prescription

Your Friend should get his legal advice from the lawyer he hires, not from well-intentioned friends, or from the police for that matter. He should not speak to the judge or DA; and he should NOT be quick to plead guilty. If convicted, he'll never work again.

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Answered on 1/30/09, 9:22 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: arrested for not having a prescription

Your friend should not be taking legal advice from laypeople. She needs a lawyer. One will be appointed for her if she can't afford to pay for one herself.

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Answered on 1/30/09, 5:20 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: arrested for not having a prescription

Being charged with simple personal use/possession in this situation is a little bit of a break. Your friend could have been charged with furnishing and distributing the drug. Pretty much the same charge as possession with intent to sell except actual exchange of the drug for money, or intent to engage in such exchange, is not required under the statute.

Chances are your friend could get what is called a diversion - treatment program at the end of which charges would be completely dismissed.

Feel free to contact my office for an additional non-binding consultation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 2/01/09, 2:40 am


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