Legal Question in Criminal Law in Oklahoma
A year ago I got caught smoking marijuana in my dorm room. I got caught with 2 grams of marijuana and a few pills of adderall. After they found the adderall the cop said to me, "just so you know adderall without a prescription is a felony. Now, we're not going to file it that way and we may not even file this with the state". (It was campus police). I find out a year later ( a few weeks ago) that they did file it with the state and gave me a felony and a misdemeanor and this was my first offense. Never been in trouble before and they didn't even arrest me. What's the least charge I could get out with this? Is there anyway that I could say the cop lied to me?
Thanks, Matt
1 Answer from Attorneys
I am assuming that you were never arrested and only recently found out that there is a warrant out for your arrest? The least charge you could get out of this is whatever a skillful attorney could plead it down to. There may even be an issue to get the case dismissed, but your attorney will have to talk to you and get the police reports to determine that.
The police can lie to you all day about what charges they are or are not going to file. It does not matter and is not going to get your case dismissed. The fact is that the police just turn in a police report to the District Attorney, and the District Attorney is the one that decides to file the case and what charges are going to be filed.
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