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


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.

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