USA - SWIM got arrested and charged on a few counts

[Allusion]

Hello everyone,

I've been reading this forum for a few days now and decided to register and post a hypothetical scenario as I can't find relevant information on it.

SWIM was recently pulled over and the police smelled marijuana. SWIM, perhaps stupidly, cooperated with the police and gave them what he had. When SWIM's car was searched, the police found a tablet of Viagra (Sildenafil Citrate), stuffed in a film canister. When asked later about it, SWIM did not recall at first what it was, but then remembered that it has been in the car for just under 2 years now, and SWIM did not even realize it was still there (SWIM thought he returned it or threw it out). SWIM explained the scenario that it was for an encounter with an ex in the past.

SWIM does not know the full extent of the charges yet, but SWIM was told that it was a felony charge to have it without a prescription. Is this true? SWIM did not even know viagra was considered a scheduled drug...

New Hampshire is the state in question. SWIM is just curious if this is a sound charge or not, and figures some people here may know.

Allusion added 2 Minutes and 36 Seconds later...

Forgot to mention, and can't find an edit button...

SWIM was also charged with possession (for the marijuana), possession of paraphanilia (sp), and posssession in a motor vehicle. SWIM is not too worried about these charges, because he has no hope of fighting them

SWIM is a first time offender.

[Panthers007]

New Hampshire sucks. They'll probably have you stripped naked and whipped on pay-per-vue cable! Anywho - Viagra is not a controlled substance. It is a prescription drug - yes. But not scheduled as a controlled drug would be.

But in New Hampshire sex itself is probably a controlled act - you need a note from your priest or such.

[Allusion]

I know you guys aren't lawyers (necessarily), but it sounds like the odds are that if SWIM got charged with "possession of a controlled substance", referring to the viagra, then it will most likely get dropped/plea'd out.

[cyndi]

That would depend on how much swiy had, it could vary from a misdemeanor sorry if misspelled, swim is sleepy, to a felony if so much is in swiy's possession. That is always very scary.

[Allusion]

SWIM only had a single viagra tablet. If it is possible to trace how old it is, it was manufacturered over 2 years ago.

[cyndi]

Oh that is it, it should be no more than a misdemeanor maybe a class a? Swiy shouldn't sweat it. Well if not on the pill bottle swim never knows.

[Panthers007]

Then it's expired. Over the shelf-date. Now it gets tricky: If one were to take that pill after the shelf-date specified (if one could be found), one would be using a drug in a way other than specified on the label. This is so for the kid who drinks a whole bottle of cough syrup - or the guy with an old bottle of Percocets that say: Expires 06/99.

Taking such against labeling instructions is(ready?) a felony! So one is advised to explain it's old and bad and needs to be thrown away - your Honor. I would never take something that should be flushed down a toilet!

You get the general idea.

[cyndi]

Not meaning to create an arguement but someone swim knows was in that situation and he got a ticket for a misdemeanor class a. A felony and again I will look this up in the morning, would be a much heavier amount of pills. Here they take the weight and if it is a certain amount, yeah felony, under misdemeanor. It is viagra and not even scheduled to my knowledge. Where are you getting felony?

[Allusion]

SWIM already told the police quite a bit, perhaps more than he should have. SWIM was sure he threw out the pill or otherwise got rid of it a long long time ago. SWIM did not even know he still had it and obviously had no intent to use it

[cyndi]

Originally Posted by Allusion

SWIM already told the police quite a bit, perhaps more than he should have. SWIM was sure he threw out the pill or otherwise got rid of it a long long time ago. SWIM did not even know he still had it and obviously had no intent to use it

Never tell the cops anything until swiy is lawyered up. Always. They will turn things against you like you wouldn't believe. Swim is amazed it is an issue.

[sknkv2]

Originally Posted by Allusion

SWIM was also charged with possession (for the marijuana), possession of paraphanilia (sp), and posssession in a motor vehicle. SWIM is not too worried about these charges, because he has no hope of fighting them

Don't be so sure SWIY can't fight the charges. SWIM recalls someone on these boards posting about how the police threw away the evidence or never tested it so they couldn't be 100% sure that it was marijuana. I believe the argument was "he wouldn't be the first person to have been sold fake drugs on the black market"... There are always loopholes, just if you can be bothered finding them.

[Allusion]

SWIM can't unfortunately afford a good attorney, and thus is relying on the public defender, SWIM's own knowledge, and a bit of luck. While obviously it's not legal advice, SWIM is finding comfort in these forums, as he was and is nervous about the potential income.

Allusion added 1 Minutes and 17 Seconds later...

SWIM wasn't really thinking with his rights in mind that night. SWIM was hoping to cooperate with the police and hope for the best

[cyndi]

Plead the 5th, say nothing next time. Even with a crappy lawyer, that is better than nothing. Always wait for a lawyer to be in during questioning.

Oh Lord sweetie, that doesn't get you anywhere. Cops don't make deals, judges do. Just being good and doing as they ask quietly is cooperating. Otherwise they turn things against you.

[Allusion]

SWIM does not expect there to be a next time =X

Other that that, SWIM didn't say much else that could be incriminating. SWIM was hoping for the best. SWIM has his head stuck in ideals that cooperation, honesty, and remorse will help lower a first offense.

[cyndi]

LOL know the feeling. Swim really needs to get to bed, if swiy needs to talk give me a pm. I know these things are really scary. Good luck to you

[Allusion]

Yeah..SWIM realized that after the fact. SWIM was screwed on 3/4 charges anyways however more likely than not. SWIM did not have to say anything for those to come about.

Allusion added 1 Minutes and 28 Seconds later...

SWIM appreciates the sentiment =)

SWIM isn't expecting to get off of them scot free. SWIM expects a fine or some kind of punishment. SWIM just is hoping he doesn't see jail or a felony conviction.

[cyndi]

Oh well live and learn next time right? Swim has done silly stuff like that too before she smartened up. Take care

[Allusion]

Take care SWIY.

SWIM appreciates the help of this forum. SWIM is kind of hoping the judge hears what he was charged with and laughs when he hears the story...kind of like the officers did =/

Allusion added 0 Minutes and 41 Seconds later...

SWIM had the viagra for a really silly reason =X

[cyndi]

Ha swim has a lot of stories that will crack you up when it comes to the law. Keep your chin up, it will be ok. Lawyer up now.

[Allusion]

SWIM is probably going to go the route of a public defender. SWIM knows a paid lawyer is better, but he also doesn't have the cash to afford one =(

[cyndi]

Swim has been there. Some of them really aren't that bad.

[Allusion]

SWIM knows this stuff is serious, but he's getting himself a bit too worked up over it. SWIM doesn't think this is going to be near as bad as he is making it out to be.

[Mona Lisa]

What a WASTE of police time. Must have been a quiet day for them