Legal Question in Criminal Law in Michigan

Hello, so about 3 and a half months ago my boyfriend, my friend, and I got pulled over for speeding. The cop smelled marijuana in our car so he searched it. He found less than a gram of marijuana underneath my seat (the passenger.) I have my medical marijuana card, but it has to be locked in the trunk of a car to be legal. He also found a pipe and a lighter underneath my seat as well. (We were smoking when he pulled us over.) The cop also found 10 adderall pills in a burned cellophane in my purse. So that didn't help me much because it looked like I had purchased them because it was in a burned cellophane. The cop asked me what it was and I told him adderall and that I was prescribed. I wasn't prescribed at the time, but I had been prescribed prior (like a year ago.) Now the cop never gave me a ticket. He was a cop from Allegan County and I am from Kent County. He told me I had 10 days to turn myself in. Now immediately after the incident I called a lawyer and he said I was fine. He looked up my name and I didn't have a warrant. He said the cop was an idiot for not giving me a ticket and that I was fine. So I didn't worry about it for awhile, hoping for the best. I hadn't had any contact with the police since then. After awhile, just to be sure I called about 2 months later and it turns out I have a felony warrant out for my arrest and a misdemeanor for having marijuana in the wrong place while driving. So the day I found that out I called my doctor and got prescribed to adderall again. He gave it to me and I picked it up that day. I am also getting a lawyer. Will the fact that I got prescribed and was prescribed before help me much in court? And if so, how much? What should I do? Yata yata yata etc etc etc Help me please haha

Asked on 10/01/13, 12:27 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Chief Assistant Prosecuting Attorney
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You say: " I am also getting a lawyer." If that is true, why are you asking questions on a free "Ask the Lawyer" web site? Why not sit down with the lawyer that you get (one you hire or one appointed to you by the court) and ask your questions after the lawyer's had a chance to review the police report and any other discovery materials, your criminal history, the doctor information, etc? Ask THAT lawyer, "What should I do?" The fact that you got a valid prescription the day after the offense date is not a defense to the crime; it's like saying that you were sober the day after your drunk driving arrest. But the fact that you had a prescription within a year before the crime date might be helpful to your attorney's arguments on your behalf with the prosecutor or judge. That fact is certainly better for you than if you'd had no prior prescription. This small advantage could be undermined if you made any admissions to police that the pill you had that day "was given to me" or "I bought it from a guy" or "I traded for it" or something other than "This pill is left over from the 30 pills I was prescribed in late 2012."

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10/01/13, 12:52 pm

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