Legal Question in Criminal Law in California

I work in an Emergency Room. A person at my work with was caught stealing medications. Because of his job position, he has doesn't normally have access to these medications, part of his offenses include stealing a nurse's identification and using it to get into the computer that distributes medications. Apparently our hospital pharmacy has many many documented instances that he took medications. Because the medications were narcotics and happened so often, the DEA is also involved. His last swipe wad 15 oxycodone.

Im just curious how the counts will be charged. Are 15 oxycodone equivalant to 1 big charge? Is it 15 small charges? How does this work? I know there Is evidance of many instances where drugs were taken, but assuming they only charge him with this 1 instance, what kind of time is he facing?

Any other thoughts on this would be greatly appreciated. If I can clarify anything, I would be happy to do so!

Thanks.


Asked on 5/04/10, 4:30 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The prosecuting agency (presumably the U.S. Attorney's office) has great discretion as to what to charge. Normally they will charge a number of offenses carrying massive jail time in the hope of thereby persuading the defendant to plead guilty to one or two offenses carrying less massive jail time. He could be charged with offenses you might not have considered, for example burglary and identity theft. If he were to be prosecuted under California state law, he might be eligible for Proposition 36, at least as to the drug offenses. The worst part of his punishment and/or rehabilitation program will be his likely inability to work.

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Answered on 5/09/10, 5:18 am


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