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Schdule 3 Inditment

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Katie1081

Junior Member
This past Monday I was sitting on my front porch smoking when 2 undercover cops pulled in my driveway and told me I was under arrest because I have a Schdule 3 Inditment on 1 count..I've NEVER been in trouble before so I'm not really sure about what is going to happen to me..I've been told I'd probably get probation and others have told me that I could serve some jail time..I don't have money for an attorney so I'm just going to take my risk with having a public defender..Can anyone give me any advice or tell me what to expect plz**************..:eek:
 


Antigone*

Senior Member
This past Monday I was sitting on my front porch smoking when 2 undercover cops pulled in my driveway and told me I was under arrest because I have a Schdule 3 Inditment on 1 count..I've NEVER been in trouble before so I'm not really sure about what is going to happen to me..I've been told I'd probably get probation and others have told me that I could serve some jail time..I don't have money for an attorney so I'm just going to take my risk with having a public defender..Can anyone give me any advice or tell me what to expect plz**************..:eek:
I guess dead brain cells might be the contributing factor to you erasing the "What is the name of your state," right:rolleyes:
 

Katie1081

Junior Member
I was charged with selling Hydrocodone...I don't know too much about my case, they said I'll know more when I speak with a public defender...They also said I am eligible for diversion since I've had no priors...I know that's probation but if I get that am I also going to have to serve jail time or could I ask for house arrest or an in paitent rehab??
 

Katie1081

Junior Member
I got on this site hoping for some kind of advice but have gotten none...I just had my arraingment (sp) and go back for my disscussion date on the 6th of August...Please, if anyone has any advice for me feel free to give it.....:(
 
I dont know TN law.. but Diversion means (typically) that you plead to a charge(s), they suspended proceedings and if you be a good girl for a period of time (say a year), and comply with their terms (drug class, testing, pay this, pay that), at the end they dismiss your case.

If you screw up (new law violation, miss meetings, fail to abstain etc), since they took a plea, they sentence you.. typically you escalate, so then you would probably say get some jail and probation.. and on and on through violations until you get sentenced to prison or lengthy county time..or shape up.

Sales of anything is not usually a type of charge thought of by me as eligible for diversion... so for my own edification on TN law, are they offering you a plea to a lesser charge or does TN actually give diversion to a sales, or maybe your lawyer didnt say?
 

Katie1081

Junior Member
I have no idea if I'm eligible for diversion or not yet..The cop that arrested me told me that I "may" be eligible for it or I may have to serve jail time..I'll know more when I talk to my Public Defender on Aug 3rd..
 
I got on this site hoping for some kind of advice but have gotten none
If you want helpful advice you need to stop being coy and provide more information.

You have already been asked which specific code section you have been charged with violating. Without that any commentary is pure speculation.

If you were trafficking hydrocodone, how much? To whom?

What were the circumstances of the arrest?
 

Katie1081

Junior Member
I'm not being coy I simply don't know any specifics...I don't know how much and to whom I sold to, I do know it wasn't traficking...They said I would know more when I talked to my Public Defender**************.
 

BOR

Senior Member
I'm not being coy I simply don't know any specifics...I don't know how much and to whom I sold to, I do know it wasn't traficking...They said I would know more when I talked to my Public Defender**************.
Hydrocodone is a Schedule 2 drug, not 3;


39-17-408. Controlled substances in Schedule II. —

The further down the less serious, so 2 is more serious than 3.

When you were arrested and released you mean you were given nothing to indicate the statute #, sale, possession, what??


I have not checked the TN Rules, but no doubt this must be Prosecuted by Indictment, which is either forthcoming on your arrest was on the Indictment?

You probably will be entitled to a public defender, so you need to ask alot of questions.
 
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Katie1081

Junior Member
Well, from what the inditment said it was a Schedule 3 on 1 count..and it also said Hydrocodone..They have told me nothing as to how many or to whom..I guess I'll find out nxt Tues**************.....
 

lealea1005

Senior Member
Well, from what the inditment said it was a Schedule 3 on 1 count..and it also said Hydrocodone..They have told me nothing as to how many or to whom..I guess I'll find out nxt Tues**************.....

If it was a sched. III, it must have been a hydrocodone compound such as vicodin or lortab. Plan hydrocodone is a sched. II.
 

Katie1081

Junior Member
It was hydrocodone...Went and talked to the Public Defenders office and they are filing for a Motion of Discovery and my Discussion date is Friday...He said he is going to file for a diversion also...He said the maximum penalty for this is 2 to 12 yrs in prison...This has me freaking out! Need some advice about would they really throw the book at me and put me in prison or jail for 2 to 12 yrs on my first offense or is diversion (probation for 2yrs) more than likely what I'm facing???:confused:
 

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