cyrus_2112
Junior Member
What is the name of your state (only U.S. law)? Indiana
Can I be charged with possession of a controlled substance if pills were found in my personal property when being processed for release from jail. I was arrested for driving on a suspended license and when being processed for release, an officer noted that there was "medicine" listed in my property inventory. He got all barney fife on me and pulled them out, looked them up on line, and found out they were diazepam (valium). They were not found on my person when searched but somehow ended up in my property. I did sign an acknowledgment form as does everyone, without even reading it, but it only said medicine on it. The cop said i would need to provide proof of a prescription or would be charged. When I went to court for my initial hearing, the prosecutor said I would have to provide a script when I came back or would be charged with a class D felony. My question is: Can those charges stick if contested? I have yet to hire an attorney, and do plan on it, but don't have the funds yet. The facts are, they weren't logged in with a name and/or as evidence, and how they got in my property has yet to be answered. Are there custody issues here? Since they weren't found on me, and I never was found in possession on my body, are these charges valid? Please help with some constructive advice as I am willing to take this to a jury trial if necessary, but would like to avoid it if these charges are weak? Thanks
Can I be charged with possession of a controlled substance if pills were found in my personal property when being processed for release from jail. I was arrested for driving on a suspended license and when being processed for release, an officer noted that there was "medicine" listed in my property inventory. He got all barney fife on me and pulled them out, looked them up on line, and found out they were diazepam (valium). They were not found on my person when searched but somehow ended up in my property. I did sign an acknowledgment form as does everyone, without even reading it, but it only said medicine on it. The cop said i would need to provide proof of a prescription or would be charged. When I went to court for my initial hearing, the prosecutor said I would have to provide a script when I came back or would be charged with a class D felony. My question is: Can those charges stick if contested? I have yet to hire an attorney, and do plan on it, but don't have the funds yet. The facts are, they weren't logged in with a name and/or as evidence, and how they got in my property has yet to be answered. Are there custody issues here? Since they weren't found on me, and I never was found in possession on my body, are these charges valid? Please help with some constructive advice as I am willing to take this to a jury trial if necessary, but would like to avoid it if these charges are weak? Thanks