Go Back   LegalMatch Free Legal Advice Forums > Law Forums > Criminal Law
FAQ Members List Calendar Search Today's Posts Mark Forums Read

Find a Lawyer Now By Category:
Family & Divorce Criminal Defense Job & Employment Personal Injury LegalMatch on Facebook
  Real Estate Lawyers Immigration Business Lawyers Other Lawyers LegalMatch on Twitter
LegalMatch is Fast, Free and Confidential
Reply
 
LinkBack Thread Tools Display Modes
Old 08-02-2008, 12:19 AM   #1 (permalink)
Junior Member
 
Join Date: Aug 2008
Posts: 1
Arrested for selling my own perscription

A big mouth friend made mention of the fact I had a perscription of Oxycontin at a local bar where I do kareokee in front of the local drug dealer. When this person and a friend of his approached me and wanted me to sell to them I got angry and said no to this guy. He threatened me. Saying addicts have a way of getting what they want. Since me and my mom are handicapped and the police didn't do anything after I reported I thought he was responsible for breaking into my car, I had my big mouth friend let it slip we had a gun for protection. Over a 6 month period I had noticed I was off a few pills here and there but didn't want to think the same friend had taken them. Eventually I found out he was arrested for possesion of a controlled substance. I told him he could not come to my house anymore and I was sorry,He used the bathroom before he left next to my room. I was talking to my mom in the other room and he said he was sorry and bye. A few days later my home was raided and I was charged with HS 11351 and the police believed I had a gun but ofcourse there wasn't one and they didn't believe anything I said. I had recentley cashed my school check for 1600 and had 1390 left and they said I had 20 or 30 pills missing. Its obvious to me the police acted on info they got from this bunch of druggies who were probably trying to get out of trouble and my so called friend was in on it and stole from me, he is currently listed as a fugitive. I ve never been in any trouble. Can I be convicted on info received from a convicted drug addict trying to make a deal and for having missing pills and money? Even with proof where the money came from and my doctor supporting my need for them. I'm a 32 yr old woman on social security disability and live in Calif and with only a over worked public defender I'm pretty scared
camkid is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 08-02-2008, 09:08 AM   #2 (permalink)
Senior Member
 
Join Date: Nov 2006
Posts: 3,901
Quote:
Originally Posted by camkid View Post
A big mouth friend made mention of the fact I had a perscription of Oxycontin at a local bar where I do kareokee in front of the local drug dealer. When this person and a friend of his approached me and wanted me to sell to them I got angry and said no to this guy. He threatened me. Saying addicts have a way of getting what they want. Since me and my mom are handicapped and the police didn't do anything after I reported I thought he was responsible for breaking into my car, I had my big mouth friend let it slip we had a gun for protection. Over a 6 month period I had noticed I was off a few pills here and there but didn't want to think the same friend had taken them. Eventually I found out he was arrested for possesion of a controlled substance. I told him he could not come to my house anymore and I was sorry,He used the bathroom before he left next to my room. I was talking to my mom in the other room and he said he was sorry and bye. A few days later my home was raided and I was charged with HS 11351 and the police believed I had a gun but ofcourse there wasn't one and they didn't believe anything I said. I had recentley cashed my school check for 1600 and had 1390 left and they said I had 20 or 30 pills missing. Its obvious to me the police acted on info they got from this bunch of druggies who were probably trying to get out of trouble and my so called friend was in on it and stole from me, he is currently listed as a fugitive. I ve never been in any trouble. Can I be convicted on info received from a convicted drug addict trying to make a deal and for having missing pills and money? Even with proof where the money came from and my doctor supporting my need for them. I'm a 32 yr old woman on social security disability and live in Calif and with only a over worked public defender I'm pretty scared

There are two things that are come to mind when reading your posting. One can be against you, one can be for you. First of all, per your own admission, pills were missing over a period of time---six months is a long time. The fact that presumably this "missing" went unaddressed for so long points to the fact that you knew about it and allowed it to happen, if not participated willingly. (Note--I am not saying you did, I am simply telling you how and why, from an objective point of view what you are saying doesn't have a ring of truth and is, probably, in part, how the cops felt they were right in implicating you).

However, the issue of the money is also of concern. If you can prove with a receipt and thorough records how this large amount of money came into your possession, it could speak to your being not guilty. What is a 'school check'? You said you were unemployed on disability or social security--it is critical that you prove where this relatively large amount of money came from. If you cannot, it could really be a lot of circumstantial evidence against you.

Going through your posting line by line--consider how the prosecutor sees this case:

1. How did your friend know what Rx you have? My husband, at times, couldn't have told you what Rx's I was taking. How does a friend know this personal information about you, including WHERE you keep you medications in your house?

2. You are in contact (even if only talking) in a public place with a known drug dealer.

3. You are missing pills ( evidentially enough for the cops to prove it wasn't normal usage )

4. It took six months before you did something about your 'friend' stealing your pills. Also, it doesn't make sense that he would steal a few here or there---it would make more sense to take the whole bottle--and perhaps you could be convinced you lost the entire bottle when you left your purse in a restaurant in error, or it dropped out of your handbag at the bus stop---that sort of thing. A few here or there? That doesn't make sense---it shouldn't take six months to figure out a causal relationship between the 'friends' potty breaks and missing pills.

4. You are suddenly in possession of a large amount of money you customarily do not have.

Now, none of these things mean you are guilty----and I certainly wouldn't presume to say that you are--I am just telling you how the authorities who are building a case against you see it. This sort of evidence is called circumstantial evidence and it can be enough to convict a person. In other words, they don't need a proverbial smoking gun to convict you--and yes you can be convicted on their testimony---it happens all the time. Circumstantial evidence is the equivalent of making a judgment call about a persons guilt or innocence based on common sense and consideration of the totality of the facts/evidence related to the case.

I would hire an aggressive attorney---and keep the meds locked up and you with the only key.

Good luck .
__________________
[COLOR=magenta][COLOR=blue]G[/COLOR][COLOR=darkorchid]r[/COLOR][COLOR=darkslategray]a[/COLOR][COLOR=orange]c[/COLOR][COLOR=seagreen]e[/COLOR][/COLOR]

[COLOR=black]To [COLOR=blue]ERR [/COLOR]is human.[/COLOR]
To [COLOR=darkorchid]FORGIVE [/COLOR]is divine.
[FONT=Comic Sans MS][FONT=Times New Roman][COLOR=red]NEITHER[/COLOR] is my policy.[/FONT] [/FONT]

Last edited by GentleGrace; 08-02-2008 at 11:58 AM.
GentleGrace is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On




All times are GMT -7. The time now is 02:11 PM.


Powered by vBulletin® Version 3.8.6
Copyright ©2000 - 2018, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.1.0
Copyright ©1999-2008 LegalMatch. All rights reserved. LegalMatch®, the LegalMatch
logo, and the tradedress are trademarks of LegalMatch. Patents Pending.