Driving with Your Spouse's Prescription Can Lead to a Felony Arrest in Broward County

May 26, 2016

Today, we'd like to talk to you about a tough case we almost had to take to trial in Broward County Circuit Court. The circumstances surrounding our client's arrest could have happened to anyone, and the consequences would have seriously damaged her reputation if we hadn't been ready to fight for a fair and right result for our client.

This woman, who for the sake of her privacy will remain anonymous, was involved in a car accident in Broward County. When FHP came to investigate the accident, the State Trooper discovered that our client did not have a valid driver's license. He arrested her and searched her car after her arrest. He also went through her purse, and he found a pill bottle with Adderall. The Rx was in not in our client's name, but in her boyfriend's name – however, because the pills were found in her purse, she was arrested and jailed for Possession of a Controlled Substance.

A Note on Controlled Substances

It may seem harmless to carry someone's prescription for them, but doing so can result in a serious offense or arrest. According to the DEA, Adderall is a Schedule II substance, and is considered to have a high potential for abuse that can result in psychological or physical dependence. For this reason, carrying a bottle of Adderall that is not prescribed to you can actually get you a Felony charge under some circumstances.

With this seemingly harmless complication to the car accident, our client was facing some very serious charges. She was arrested under a Felony charge of Possession of a Controlled Substance, along with criminal traffic misdemeanors (DWLS) and civil traffic citations (Careless Driving) pending.

How Could We Help Her?

First, we worked to prove that our client was not illegally holding a controlled substance, but that she had a relationship with the patient. We went to the State Attorney and did everything we could to get them to reduce or dismiss the Felony charge. However, they were reluctant to negotiate.

Once we proved that the client was in a relationship with the patient that had been prescribed the Adderall, the State Attorney still would not offer a reduction. We proved that they lived together, traveled together, and that the client often held items of the patient in her purse. We also proved that the patient had a valid Rx for the Adderall.

Despite proving all of this to the State Attorney, they would not dismiss the charge. It was only after we rejected all of the offers by the State Attorney and demanded a trial that they finally gave in and dropped the case. This was a serious victory for our client. The Broward County State Attorney's Office dismissed the charges.

Why Are Broward County Criminal Cases So Difficult?

Prosecutors in Broward County are very aggressive and very often unwilling to agree to reduce or modify charges. Oftentimes, they are very inflexible because their supervisor does not give them the authority to make compromises on cases. As a result, handling a criminal case in Broward is very time consuming and challenging.

At many times during the course of the defense in this matter, the prosecutor offered a plea of no jail but probation. We felt strongly that this was unfair and not justified by the facts, evidence, and law in this matter. We, therefore, aggressively defended the case to the end. We did not want to settle and have the client be branded by a felony plea for the rest of her life. Some lawyers might not have taken this case as far as we did and demanded a dismissal. However, we truly believed that was the only fair, legal, and just result.

If you find yourself dealing with a tough arrest or Felony charge in Broward County, it's important that you seek representation that's willing to fight for the best outcome for you. To have your case evaluated by one of our experienced attorneys, give us a call at (305) 444-0030 and we'll happily assess your case for free.

Source:
Drug Enforcement Administration