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ca92411

Junior Member
What is the name of your state? california

Hello. about a year and a half ago I altered a prescription issued to me by my doctor. it was originally for an ance medication. I changed it to diazepam (Valium / schedule 4 non-narcotic). I did not forge the signature. the next day feeling guilty about what i did i called the pharmacy and admitted to what i had done; they then reported it to the police. Then a couple of detectives came over and question me about what happened; I told them. A couple of weeks ago I received a letter for arraignment.(i have uploaded a copy of the letter if you wish to view it : http://i166.photobucket.com/albums/u91/newrevival/scan001001.jpg ) Any advice? Does it make a difference that I admitted it? Thank you for any help.
 
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eric for ohio

Junior Member
You picked the WRONG drug to switch it to!!!

You need to hire an attorney.

Take it from someone that has legit prescriptions for Xanax, Ritalin, Vicodin, and flexeril. I am approached weekly by "friends" asking to buy a few of these or those. These are not meds to mess with!! You are in serious trouble. Even without the confession you would be in the same place, the difference is they have a confession making this a slam dunk on you. Try to get a plea ASAP. The DA wants a high conviction record, which is what he uses to run for the next election. Since you did not hurt anyone else, And if this is your first run in with the law, you might get a plea. It would help if you are a minor. You better have a very good reason for doing it. You need a solid reason for not asking for the right drug, and a solid reason for needing the drug.
 

garrula lingua

Senior Member
That charge is a felony & is not eligible for Prop 36 (or DEJ).

Some defense lawyers can negotiate an added charge of possession which is Prop 36 eligible & some DDAs will agree to a closed drug program in lieu of jail - if your record is sterling & you have a good negotiator as def counsel, you may have a shot at it (though, San Bernardino is not very easy to work with, it's well worth the try).

These charges are usually pled out - it requires the pharmacist & the dr to testify & they don't like to come to court - that's in your favour (unless your confession covered everything, but your atty should require the phar & dr as witnesses for cross & ID).

The Prosecutor & Judge will take into consideration the fact that you came forward & admitted it to the pharmacist (did you pick up the prescription ?)- it is a BIG mitigating factor.
Get a negotiator as a defense atty, not a fighter. You should get a break. If you have a clean record, you've got a shot at a reduction/program.

Good luck.
 
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