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Very long story. Please give advice. Poss. Charges

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eliteb43

Junior Member
What is the name of your state? Texas

I was pulled over on December 21, 2006 for havng a 'visable dvd screen' . That's the exact wording the State Trooper wrote on the ticket. The screen was visable but was not turned on at all. I'm not even sure if that is even relevant to my case. The officer asked me to get out of the vehicle and stand behind it. He then proceeded to shine his flash light through my windows and saw a prescription pill bottle. The bottle contained 18 hydrocodone (vicodin) and 2 soma (muscle relaxers). The bottle had no label on it at all. This is a true statement, the pills belonged to my father. He has a legal prescription, with paperwork from both the doctor and pharmacy to prove it. He's been prescribed the same medication for ten years now. The only reason the pills were in my car is because we work together. I just dropped him off at his truck and was pulled over thirty minutes later. He always carried his pills all in one bottle when we worked, because the original bottles are huge and inconvenient to carry around. I was arrested and charged with -possesion of a controlled substance- (felony) for the -vicodin-'... and -possesion of a controlled substance- (misd) for the -soma-. I was given a 12,000 dollar bond. My father bonded me out that same night. It only gets worse. Two weeks later, I offered to do my father a favor and take his truck to the car wash. Along the way, I lady ran a red light and smashed into the side of the truck. The police arrived and searched my father's truck. They found three bottles. One containing 120 pills of hydrocodone (vicodin), one containing 120 pills of soma (muscle relaxers), and one containing 30 pills of xanax. All of these are legally prescribed to my father. The truck and insurance to the vehichle are in my father's name. I was still arrested for possesion charges. However, this was in a different county than the first arrest. And I was given three charges, -Possesion of controlled substance (felony) for the vicodin-, -Possesion of a controlled substance (misd)- for the soma, and -possesion of a dangerous drug (felony) - for the xanax. I was given a 20,000 dollar bond, but with conditions. My father bonded me out, and now I have an ankle monitor for 24 hour house arrest straped to me. I've hired a lawyer for the charges from the second arrest because the county it occured in a large county and easy to find a lawyer. He tells me it looks good, but i don't understand the hesitation or lack of guarentee. I assumed it would be an extremely simple case. Am i wrong about the difficulty? Is this going to be alot harder than just my father showing his proof from the doctor and pharmacys? I've gone to court in both counties both only to have the cases reset. My attorney doesn't want to represent me for the first charges because the county is too far away to drive. Can I do this without an attorney or is this more difficult than I assume?

By the way: I'm 25 years old and have absolutely NO prior arrests. AND, I've been given weekly drug tests by both counties, bond conditions, and I've passed EVERY ONE.
 


eliteb43

Junior Member
update

I read my own story and feel i left out some info that is important to my cases. The first county I was arrested in is Fort Bend County. This is around the Houston area. The second arrest occured in Harris county. That is the main county that occupies Houston. The other part I left out was that I went to court for the first arrest in Fort Bend today. I was going to simply reset to find a lawyer and I was informed that my felony charges had been dropped to a Misdemenor and they reset the date for sometime in June. That is somewhat of a relief, but i still question, With my father's proof of prescription from his doctor and pharmacy, and my father's willingness to testify that he left them in my car, can i gt these charges completely dropped?? And, does the other case in the other county, effect my credibility??
 

outonbail

Senior Member
The bottle contained 18 hydrocodone (vicodin) and 2 soma (muscle relaxers). The bottle had no label on it at all. This is a true statement, the pills belonged to my father. He has a legal prescription, with paperwork from both the doctor and pharmacy to prove it.
Then your father can certainly be in possesion of these meds, although even he must carry them in the original bottle they were sold in, with the pharmacy label identifying the prescription as being his. If they are not in their original container, he is risking arrest himself, as the officer would have no way of knowing the pills are prescribed to him.

However, either way, they are not prescribed to you and you did in fact have possession of them.

After the first arrest, you should have certainly known what to expect. Why were there 120 of these pills? Seems like a rather large amount for a single filling. Were they in their original container the second time around?
 

eliteb43

Junior Member
More info

Yes, they were in the original containers the second time. And his prescription each month is for 120 vicodin, 120 soma, and 30 xanax. He refilled it early that day and had not yet started to take them yet. So it was the exact amount he is legally prescribed. This is why I ask if the second arrest effects my credibility. The bottles had my father's name, doctor, and pharmacy on the label. Along with the amount prescribed and name of the drug. And I was in his vehicle at the time of arrest. They were in a drawer that was at the back of the center console in his truck, and i didn't even have knowledge that they were there until the officer pulled them out. And I know that you are being helpful by giving me advice, and also logical when pointing out that I was 'in possesion' regardless. So I guess my question is, have you, has anyone, ever heard of a similar case? And if so, any comments on my possible outcome? I hate to sound like I'm looking for some kind of instant relief, but I've never been arrested before, and after going through 'system' and spending even a day in there, i don't want to ever go back.
 

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