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Felony possesion of a CS in Ala, Will I get time? Is my case worth a fight?

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gabrielsmom

Junior Member
What is the name of your state? Alabama
I am wanting to know if I should bother hiring a lawyer. I am self employeed with a limited income but I am medicaly unfit to physically withstand jail time so I will get a lawyer if you think this chrge will include time I have to actually serve. It is a class C Felony. I have had one felony charge of Grand Theft Auto that was dropped to a misdemeanor 5 years ago, besides that I have not ever had any other charges. Some say my case is worth fighting? Here it is: I was pulled over because of a missing tag on a new car. The police officer was extreamly rude from the begining. As I looked for my license I could not find it and the cop pulled my purse out of my lap and said He saw pills in it. I told Him to give back my purse that it was my property. He refused and searched my purse, my car, my boyfriend and me. He found 27 Xanex bars n an unmarked bottle I was holding for a friend. The police officer asked if they were mine, paniced I said Yes, they were from an old prescription which I knew was a lie, I just paniced, the policeman asked how many I usually get prescribed, I said 40. He said He did not believe me and arrested me. I stayed in jail 3 days before they let me sign my own bond. The policeman said I had 40 Xanex bars, I know for a fact there were only 27...does this make a difference? He did not read me rights, can He use what I said in court? What will happen if I plead guilty? Is it a matter of probation or time, this is my main concern. I feel as if I was wrong for having them so I am willing to accept some consequences but not jail. Is there a chance I will do jail time over this? I was so sick when I was in jail for that three days. I am a pain patient that takes methadone, I have congestive heart failure, sleep apnea and I have social phobias. I would not be able to do jail time well....who would anyway!? :confused:
 


Heather2

Member
It's always worth getting a lawyer. I could have gotten 5 years in prison. Without my lawyer I would have gotten 5 years probation. With my lawyer I got 2 years probation with deferred adjudication.

If you think the officer did anything wrong you will need a lawyer to fight it. But your pills were in plain view which gave the officer grounds to search your purse. Your rights only need to be read to you if you have been arrested and he is interrogating you. You really need a lawyer if your rights should have been read to you so he/she can possibly get anything you said thrown out.

Good luck to you.
 

gabrielsmom

Junior Member
the pills

It's always worth getting a lawyer. I could have gotten 5 years in prison. Without my lawyer I would have gotten 5 years probation. With my lawyer I got 2 years probation with deferred adjudication.

If you think the officer did anything wrong you will need a lawyer to fight it. But your pills were in plain view which gave the officer grounds to search your purse. Your rights only need to be read to you if you have been arrested and he is interrogating you. You really need a lawyer if your rights should have been read to you so he/she can possibly get anything you said thrown out.

Good luck to you.
Thanks so much for being the only person on this board decent enough to take the time to give me some sound advise! Your wonderful for that! The pills were not in plain view at all, there is no way He could have seen them, He said it looked like I was hiding pills. I think I have founmd a lawyer that will work with me and He thinks I have a good case. I think I need to be proactive in protecting my rights. For having the pills I do agree I should have some kind of punishment as they were in an unmarked bottle and illegal but I do not think I desearve to have my freedom taken. I am willing to go to treatment and pay for this crime, I just do not believe that jail is for nonviolent first offenders, it is a waste of tax money and my children need me free. I appreciate your comments so much. Bless you!
 

smutlydog

Member
Thanks so much for being the only person on this board decent enough to take the time to give me some sound advise! Your wonderful for that! The pills were not in plain view at all, there is no way He could have seen them, He said it looked like I was hiding pills. I think I have founmd a lawyer that will work with me and He thinks I have a good case. I think I need to be proactive in protecting my rights. For having the pills I do agree I should have some kind of punishment as they were in an unmarked bottle and illegal but I do not think I desearve to have my freedom taken. I am willing to go to treatment and pay for this crime, I just do not believe that jail is for nonviolent first offenders, it is a waste of tax money and my children need me free. I appreciate your comments so much. Bless you!
I think their was a glitch with this thread when you first posted. I tried several times to post without any success

The pills were not in plain view at all
the outcome of your case probably depends on the answer to this question
 

weenor

Senior Member
Thanks so much for being the only person on this board decent enough to take the time to give me some sound advise! Your wonderful for that! The pills were not in plain view at all, there is no way He could have seen them, He said it looked like I was hiding pills. I think I have founmd a lawyer that will work with me and He thinks I have a good case. I think I need to be proactive in protecting my rights. For having the pills I do agree I should have some kind of punishment as they were in an unmarked bottle and illegal but I do not think I desearve to have my freedom taken. I am willing to go to treatment and pay for this crime, I just do not believe that jail is for nonviolent first offenders, it is a waste of tax money and my children need me free. I appreciate your comments so much. Bless you!

Alabama has recently changed the sentencing guidelines in an attempt to keep drug offenders out of prison. Hopefully your attorney will be able to to do just that.
 

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