What to do if I was arrested for possession of a controlled substance and I didn’t have a prescription at the time?

If I get a prescription before my court date will that help with my case? I was charged with one count of possession of a controlled substance. I am in college and have started the process of legally obtaining the medicine.

Asked on July 2, 2012 under Criminal Law, Kentucky

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

If you were charged with possession of a controlled substance for drugs other than marijuana, in most states this is a felony. If it was possession for marijuana, than most likely it will be a misdemeanor. You will need to consult a criminal defense attorney in your area to help you navigate a successful outcome in this case. More than likely, if this is your first ever criminal offense, you will have the option to plea to a sentence of probation. I would advise you speak to a defense attorney to discuss your options of keeping your criminal record clean and avoid having a drug possession conviction on your record, and possibly even having the case dismissed if the facts support it.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.