Legal Question in Criminal Law in New York
i'm not going to go into details except for what is needed. husband got caught with one suboxone film and no prescription, had to go to court for possession of controlled substance. he did have a prescription that was issued in april but he got caught in may. april was the last time he filled his prescription because he had been cutting down and had quite a few left over strips. so he went to court with lawyer and showed script, he was then told he had the suboxone outside of the intended timeframe of the prescription. told DA he has been on for quite awhile and had been cutting down so he had extras. they said no you cant do that. his doctor said everyone has pills that are outside of the intended timeframe but you are supposed to. we live on long island, new york, and they want to give him 90 days, then reduced to 45 days. his lawyer is okay i guess but doesnt seem like he's too with it. my question i guess is this - he has a prescription but b/c it expired is that really againast the law to have it?
2 Answers from Attorneys
It is a question of reasonableness, if the prescription was for a number of pills and the arrest was close in time to the date of prescription "it is reasonable that the pills were from a valid prescription" and he should not be doing jail time or even take a criminal disposition.
For this type of charge (i am assuming it is a Misdemeanor), on Long Island, you have Nassau District Court in Hempstead and Suffolk District Court in Central Islip. You also have a number of local Courts that handle Misdemeanor matters. Suffolk District Court tends to have a little more of a common sense approach to things but under any circumstance this case seems like it should be disposed of through a non-criminal disposition.
There ARE other factors which might cause such a harsh "offer" from the prosecutor. If there was an attempt to sell or transfer the suboxone or if there is a criminal background or similar events/arrests in your husband's past. Please feel free to contact my office for a free consultation.
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