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10623623 tn?1414292089

I was indicted and have a court date

OK. So apparently without my knowing, I was indicted on the second of December, and I now have a court date of 12/18/2014 at 9:00 AM. No one notified me of grand jury or indictment, but according to my attorney, that happens, and there is nothing I can do about it. Needless to say, I am sick to my stomach.

The charges are two counts of fraud possession of a controlled substance 3/4. The indictment says I was indicted for obtaining two different prescriptions from two different doctors. There were way more than that, so I don't know why I don't have fifty counts. I talked to my attorney,and he said they could continue to add more counts. I asked him what my chances were in not going to jail, and he told me I put myself in this position, so he could not promise anything, but because I have not prior record, I have the best chances possible to stay out of jail of anyone.

I just put the kids down for a nap because I am so not OK. Please talk to me.
27 Responses
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1796826 tn?1578874779
Grand juries vote to indict 99.99% of the time. Their function is not to determine guilt or innocence, only to determine whether a trial is warranted.

It appears that Texas organizes drugs into four categories for the purposes of prosecuting drug possession. Interestingly, these appear to be similar to, but not exactly the same, as the federal "Schedules".

If you're saying that you're being prosecuted for possession of "Penalty Groups 3 and 4" then this is a good thing for you. This "Penalty Group" is the least serious of the ones they list.

There are too many variables to give you a guarantee, but the odds of avoiding significant jail time are overwhelmingly in your favor. If I had to guess, I'd guess you'll plea it down to probation and a fine. You will also probably have a court-mandated diversion.
Helpful - 0
11168641 tn?1439497990
I betting bc you have made a real genuine effort to get clean it will stand well in the court. Also not having any priors is a big factor and looks good.
As I believe Robin said before: I would document the cr@p out of your recovery process; meetings (make your own check sheet if need be), make a journal, and possibly get some character statements from friends/colleagues/Dr./Therapist. This shows you are committed  to getting clean and others can see it as well. I believe bc you've been so successful this far, it'll speak volumes.
Lawyers don't like to tell you anything definite bc of their stants and reputation. That's just how they operate.
Given the circumstances you're in better standing than alot of other people. I really wish you the best and hope this all turns out ok.
Helpful - 0
Avatar universal
I'm sorry hear that but now suspense of what if is over. I'm sorry I don't have great advice or wisdom words. But I can pray for you. Hang in there.
Helpful - 0
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