What to do if a friend is being charged with forging a prescription for pain pills and she gave me some but now wants me to sign an affidavit to the effect?

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What to do if a friend is being charged with forging a prescription for pain pills and she gave me some but now wants me to sign an affidavit to the effect?

She gave me a few of these pills, which I have my own prescription for, just did not have the medication with me. She is now asking me to write an affidavit stating that she gave me the pills. She is not being charged with distribution, so why am I being asked for the affidavit?

Asked on February 11, 2015 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I don't know why your friend wants you to sign an affidavit that says she gave some of them to you... but she's about to walk you into a felony and herself into a higher distribution charge. 

I can't say it more directly:  DO NOT SIGN THE AFFIDAVIT.  Using someone else's prescription pain pills is technically a felony-- depending on the amount and the actual substance.  At the very least, it could be considered a misdemeanor.  Regardless, all the police potentially have right now is her unsubstantiated story about your involvement.  If you sign an affidavit and she gives it to them, they then have a sworn confession. 

I don't want you to be paranoid about your friend, but is it possible that she has been offered a deal if she brings more defendants to the police?  She doesn't want to give up a real dealer or real source, so she's giving them an easy target, namely you. 

Whenever you are asked to sign a legal document, consult with an attorney.  If law enforcement comes around, tell them that you are invoking your right to an attorney and your right to remain silent.  Talking to them at this point only gives them what they need to make their case against you.


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