PI of Controlled Substance

[ediebaby]

What is the name of your state (only U.S. law)? Kentucky
My question has to do with a deferment. I had Public Intoxication charge back in September and the county attorney deferred it for 6 months under the condition that I get no more arrests. The other day I was leaving the methadone clinic(I have been in treatment now for almost 6 years) and went across the street to the local Shell Mart, upon returning to my car I was surrounded by the city police with the intentions of taking me to jail on a PI of controlled substance,which they did, now I have another charge on top of my deferred charge and I am afraid of a jail sentence even though I was not high, after you have taken methadone for as long as I have you do not get high anymore. This is a small town and everyone hates the clinic anyway, they do not want it here. By the way, I told him to please not arrest me because I had a class that morning when I told him it was for nursing he made bad remarks about how I look like somebody that needs to be a nurse and also told me he was going to see to it personally that I was kicked out of the clinic. So does this small town city cop have that kind of power, to actually have me kicked out of treatment after being in there for that long, and also he accused me of having blue powder in my nose, not there, he wanted to know what it was and I told him I did not know what he was talking about, so he began naming off drugs and finally came to his conclusion that I was taking xanax with my methadone, not true either. What was worse this happened at 7 AM that morning and the people at the jail wouldn't let me have my phone call that I know I was entitled to so my husband and kids thought I was dead. My seventy year old mother almost had a heart attack thinking I was dead, she even called the jail and they informed her that I wasn't there. All I can say is they better be glad nothing happened to my mother. This was a nightmare and I'm afraid there will be another one when I have to go to court. Should I plead not guilty? IF I am found not guilty then it shouldn't affect my deferment should it. Seriously, I am trying to do something with my life and go to nursing school, but I'll never be accepted if the local law enforcement doesn't stop harassing me. What's worse is I can't do anything about it and they know it. I am seriously thinking of changing my major to criminal law, just so one day I might be able to return the favor. If anyone can make any sense out of all this mess please answer me and you can email me at [email protected] if you have any info to help me. Thanks to all that replies.....

 

[dave33]

The police have no official power to get you removed from the clinic. However if they were to tell the administration you were doing something illegal on the clinic grounds that is a different story.What is the new charge? Why did they wait to arrest you ? Where you engaged in something illegal when you got arrested or was the warrant from a prior incident? Also, more than likely you will be removed from the deferrment program and will face the original charge.goodluck.

 

[ediebaby]

Thank you for your reply, I wasn't on clinic grounds and they didn't have a warrant for my arrest, it was more like being harassed. I left the clinic and went to my local Shell Mart for a coffee(like I always do) when I came back out they were outside and began questioning me. I had my methadone in my lock box in the passenger's floor and that was the first thing he asked me, what is in the little pink box and I said I think you already know and while he was talking to me there was another officer opening my box without my permission. The whole incident was just wrong, but I will never get anyone to believe me, and in the midst of all this my purse was lost and now I have to replace driver's license, socials, my daughters medical cards, everything. What they did was not done by the law, but as I said before, no one will ever believe a drug addict over a police officer( a very crooked one), I just don't want any jail time out of it, that is my biggest fear, I will pay their fines if it will make them leave me alone, but I am not jail material. Could it be possible to get jail time for such a petty charge?

 

[dave33]

What was the charge? felony or misdemeanor? Did you get caught while at the gas station? What is the reason for searching you ?Can you afford an attorney? Are you interested in fighting the case based on the merits of the search? If it is a drug charge, did the lab results come back ?They do have the upper hand, but if you have resources it ids possible to mount a defense. If you want any more of my opinion than please answer the questions.goodluck.

 

[ediebaby]

The charge was just Public Intoxication of Controlled Substance and I think it is just a misdemeanor and yes they harassed me at the gas station, they have been known to harass the ones that are in the clinic, they used to sit at the bottom of the hill and wait for people to leave so they could pull them over and take them to jail. As I said before though, nobody will believe a drug addict over a policeman. They also searched my car, opened my lock box that had my meds in it, all without my permission. They did not drug test me, just took me on their own assumptions. I got no phone call until the next day which almost put my poor old mother in the hospital and caused me to miss my first grandchild being born. You have to understand this is a small hick town and not what you know, it's who you know. I am trying to get through college just so I can live and raise my children in a decent place. Thank you so much for showing interest and trying to help me , the main thing I'm worried about is if they could actually give me jail time out of this trumped up charge? I cannot go back there again. If you know anything about this kind of charge please reply, my email is posted in my first thread. thanks again**************

 

[dave33]

What are rhe results of the test going to show? Something other than the methadone? Regargless, unless you were stumbling around and acting ridiculous I would plead not guilty and fight the charge. Also file a grievance with the local p.d. and if enough are filed than the administration will be forced to act. Addiction is a documented mental illness and in most states protects you from discrimination. You may also want to contact a local civil rights/ criminal attorney and get his take on the situation. Although since an arrest was being made they did have a legal right to search you and they may claim they weren't watching the clinic but were watching you since they obtained knowledge of your location. You will have to see the police report.If you have sensitive info. you do not want disclosed send me a private message through this cite.goodluck.

 

[ediebaby]

Thanks for all your input and there was no testing done, all they did was take my blood pressure, maybe to cover the jail in case something happened to me. I refused the food and would not use the toilet the whole time I was there. That was another thing also, they were suppose to release me at 9PM that same day, I was put in at 9AM, but they wouldn't allow me to leave until 9AM the next morning, do you have any idea why they held me that long for a PI charge, it is usually 8 hours. what gives? Anyway I will contact a lawyer and get his input, but more than likely in this town I'll be guilty anyway. The only law here is the cops, judge, and county attorney, whatever they decide goes no matter what. Again thank you for your time....

 

[cyjeff]

You have been taking methadone for six years? This is a cure?

 

[dave33]

There is no known cure for alcoholism and/or addiction. Methadone is the lesser of two evils.