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Marijuana and Adderall

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dbjohnson88

Junior Member
What is the name of your state (only U.S. law)? Rhode Island

I was recently pulled over and was charged with possession of Adderall (3x20mg) and marijuana (1.5 grams). Possession of Adderall is a felony. I have no priors and I was wondering if the felony Adderall charge can be dropped down to a mistermeaner? And the cop gave no reason why he pulled me over, is there such thing as wrongful search in this case since I was obeying traffic law and all of my information checked out fine?
 


xylene

Senior Member
Describe the circumstances to the search.

Short answer - If you consented to the search it is legal and allowed.

Get a lawyer.
 

ERAUPIKE

Senior Member
Describe the circumstances to the search.

Short answer - If you consented to the search it is legal and allowed.

Get a lawyer.
Also, if the officer had probable cause to search your car, like the odor of marijuana in your vehicle, the search would be legal. If you exceeded the speed limit by even one mile an hour he had probable cause to pull you over.
 

dbjohnson88

Junior Member
i was pulled over and the cop asked if anything was in the car, and i said yes there was, so i handed him the bag of marijuana. I forgot about the adderall in my pocket and he found those shortly after a search of my person. is there any way to reduce the felony charge of adderall since i have no prior record? is it common for somebody with no priors to receive a high mistermeanor instead of felony?
 

Zigner

Senior Member, Non-Attorney
i was pulled over and the cop asked if anything was in the car, and i said yes there was, so i handed him the bag of marijuana. I forgot about the adderall in my pocket and he found those shortly after a search of my person. is there any way to reduce the felony charge of adderall since i have no prior record? is it common for somebody with no priors to receive a high mistermeanor instead of felony?
You should be talking to an attorney - not typing on a computer.
 

lifeandthelaw

Junior Member
First, let me begin by concurring with absolutely everyone else who has already replied: GET A LAWYER.

Once you obtain counsel (be they privately retained or court-appointed), inquire about (a) a first-time offender's program and/or (b) treatment in lieu of conviction (this is a great option to deal with your apparent drug addiction ~ especially considering you "forgot" about the Adderol in your pocket, which you didn't even bother to claim was in any way, shape or form legally obtained).

While a reduction in charges is possible, it is not probable. In the jurisdiction where I practice, the standard policy is NOT to reduce ANY drug charges. Other offenses for first-time offenders, yes, but never drug charges.

On another note, a lack of probable cause should be the very least of your concerns. The officer had probable cause to search you and/or your vehicle from the very moment you surrendered the marijuana. The very fact that you had this on your person gives the officer probable cause to believe you may very well have other illegal substances in your possession.

You would do yourself a much greater service by admitting responsibility for your criminal activity rather seeking a technicality by which to mitigate the punishment.
 

dbjohnson88

Junior Member
the first thing i did was seek an attorney, but thanks for the perspective lifeandthelaw, it was exactly what i was looking for; a sense about the seriousness and a feel for the technicalities.
 

FlyingRon

Senior Member
It's serious. Even a misdemeanor is serious. Felonies are very serious. They don't magically get reduced to misdemeanors just because you are a nice guy. You can get up to 3 years and $5000 fine and can count on drug classes and community service.

As for technicalities? Why were you pulled over in the first place? Pretty much any traffic violation (speeding, expired tags, weaving over the center line, rolling a stop) is justified. You then handed him a bag of marijuana (admitting your guilt). He arrests you and while taking into custody finds you're carrying scheduled narcotics. That's going to be hard to surpress as well. "I forgot those where in there" means nothing.
 

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