What to do if a friend was arrested for carrying prescription drugs?

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What to do if a friend was arrested for carrying prescription drugs?

She was pulled over for swerving to miss a pothole. The policeman searched her purse and found a number of loose prescription pills in her purse. All the pills were prescribed by her doctor and the original containers were also in her purse. They arrested her and has an arraignment next week. She was never read her Miranda rights. Meanwhile, they gave her a court-appointed attorney. She had an appointment with the attorney and the attorney never showed up. The receptionist called and she spoke with her briefly. She said she could not talk and would see her at the arraignment. She is being charged with Felonies and is very worried. Could she go to prison for carry prescriptions?

Asked on July 1, 2014 under Criminal Law, Connecticut

Answers:

Maury Beaulier / MinnesotaLawyers.com

Answered 6 years ago | Contributor

She should certainly retain counsel. Based on the facts provided, there s a strong defense if she,  indeed, had a valid prescription even if that prescription was not current. It is a serious offense and, if convicted, she could go to prison.

Many people believe that they must be read miranda rights when arrested. That is not true. Miranda rights only need be read when there is to be a custodial interrogation. "Custody" is defined by case law to be whenever a reasonable person would not feel free to leave based on the circumstances. They need not be arrested.  Interrogation means they are asked questions.  If they are arrested and no questions are asked, there is no need for Miranda. If miranda is not read and a custodial interrogation occurs, that does not mean a case is dismissed. Instead, it is a basis to file a motion to suppress and statements made and any evidence that results from that interrogation.  If there is sufficient independent evidence to proceed after that, the case may still go forward.  

 


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