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This offense can be prosecuted as a misdemeanor or a felony. It's up to the District Attorney.
I'm going to assume you both have no criminal background and tell you that the chances are very good that your husband, and only possibly you, will be charged with a misdemeanor.
It will probably go like this:
Agree to plead guilty to the misdemeanor. Get no jail time (or time served if they arrest either of you -- which is still a possibility), 2 years of informal probation and some kind of mandated drug treatment participation, at the end of which you'll probably have to return to court with your certificates of completion and present them to the judge. That's it.
But Sandi, don't make it worse by sitting around waiting to get arrested. Retain an attorney now. Contact a bail bondsman and square away the paperwork in advance. If either of you is arrested (and I'm betting that your husband will be -- sorry), the bail will be $5000 per person, up to $10,000 per person. So you'll need 10 percent plus proof of collateral, such as a pink slip -- that kind of thing - for the bail bondsman. Be ready with this stuff so you don't wind up sitting in the county jail over the weekend. It's going to be hard to arrange bail if both of you are locked up. Tell your mom or some close family member so someone will be on the outside looking out for you.
THIS IS IMPORTANT: Secure that attorney, but don't make any statements to the police without your lawyer being present. Just by talking you can give them enough evidence to bust both of you instead of just one of you. Don't tell them ANYTHING. If they come, call your attorney, arrange bail, and KEEP QUIET!!! As it stands, they don't have much on you if you don't hand it to them on a silver platter. Make sure you don't have any drugs in the house that you don't have a legal rx for.
Just remember: THE COPS ARE NOT YOUR FRIEND. THEY DO-NOT-WANT-TO-HELP-YOU -- GOT IT? They'll let you think that if you talk without your lawyer and tell them everything, that somehow you'll both just walk out the door. If they arrest you, they're going to want to convict you of something. Don't be stupid. Speak only through your lawyer.
The big question is, where and when will they arrest you? You certainly don't want to be cuffed in front of the neighbors and your kids and led to a car. But this is quite possible. A criminal attorney (make sure it's a criminal attorney, not your grandma's probate attorney) will know how and when to contact the authorities and make some kind of arrangement so you can voluntarily come in, be booked, and get bail. But if you don't do these things, one day, it could be tomorrow or 2 months from now, there will be "that knock at your door," etc.
Listen, this is the worst it will be - unless your husband has a record. Please tell me he doesn't have any felonies.
I'll look back in for your reply. It's OK, though. You're going to live through this. They won't want any jail time, in any event, but they will want some kind of drug treatment. Your attorney will probably tell you both to start going to AA now and begin collecting signatures as proof of attendance. Take care.
Thankyou so very much for your prompt reply..Neither my husband or I have a felony record..I was arrested as a teenager , but nothing else..Same with my husband..My husband told the doctor that I wrote the script NOT him, I do not want my husband to lose his job.The Dr said he would not press any charges on me because he felt responsible to a degree,treating me for over 2 yrs & he just kept writting them..There was only 1 prescription involved..The sicking part on my end is that I know all of our township police force including the women who work in the office..We will have to obatin an atty now as per your advice & tell a very close friend about this..Did you ever serve any time in jail? Or where you sent to a rehab ? If so for how long? I have found local NA & AA in the area where you attend their meetings but no stay required, would this be ok? I have been clean now for 3 days & fortunatly the withdraw is not that bad..My mind keeps going to where & how I can obtain & do I call my friend whom I know has them & pay for them..I have been keeping myself busy & I just keep telling myself I can do this, I did it before & it was worse then..Much worse..My girlfriend (no longer a friend) started taking me to Dr's she knew of in Phila & obtain scripts for her & her husband..Then I started just to try , biggest mistake in my life !!!
I cant express how good it feels to be able to finally talk to someone other then my husband & I am very grateful for everything..Hope you post keep posting...
Thankyou,
Sandi
Thankyou for the response..I am actually glad to hear that, this makes me KNOW there is no way to go back..I will attend my 1st meeting on Sunday (in my hometown),believe that one? What ever happens I will face the circumstances since I am the one who was in the wrong..I refuse to give my life back to drugs...By the way I have quit cold turkey...Again thankyou..
The second time, I barely avoided jail (4 months). I had to sign up with a very expensive 'electronic house arrest" outfit that kept track of me with a beeper and made sure I did 90 AA meetings in 90 days. I had to stay for 3 months in a residential inhouse facility (a group home, actially). I lived there while I went to work (they never found out) and did the 90 meetings in 90 days thing. It was actually very good for me. Anything less wouldn't have worked.
They will probably want you to participate in some kind of out-patient drug diversion program, probably the 90 meetings in 90 days thing. I doubt if you would have to do the residential thing on the first offense. At the end of the 90 days you'll have to go back to court and show the judge written proof of completion.
THIS IS IMPORTANT: Make sure your lawyer tries to get the judge to agree to expunge your record at the successful completion of your program. That way you won't be left with a record.
But get a good lawyer experienced in this kind of offense. That will make all the difference. AND DON'T TALK TO THE POLICE EXCEPT THROUGH YOUR LAWYER!
I would expect to be arrested. It is, afterall, forgery. But you should be able to do it through your attorney an arrange to voluntarily come in, get , booked and get bail immediately. Arrange the bail ahead of time. Your attorney will know what to do. That way, you'll avoid spending 24 to 48 hours in the county jail, which will be pretty unsavory. So get the bail done first.
Good luck. You'll be OK. just don't do it again!
For the first offense, you may or may not have to drug test on demand. I didn't on the first, but had to on the second offense. If they require testing, don't screw around. Stay clean. Don't try to use and then hope they don't ask for a test for a few days. You'll get nailed. AND THEN THE JUDGE WILL BE PISSED. It all escalates from there. I can't tell you how many people flunked out of the residential home program I was in and got sent directly to jail for sometimes quite a lot of time.
This is the thing with the judge: You have no record. You're just a housewife who got hooked by her doctor, and succumbed to the temptation to trick out the pharmacy one time. As long as you're humble, attentive and responsive with the judge, you'll be treated quite well. But as soon as you get caught with a bad test or in some lie to the judge, YOU ARE SCREWED. The judge will throw you into a completely different category of offender and treat you like a criminal from that point on. It's like this: break the "magic spell" with the judge, and it all turns to ****. Don't risk it. Do everything they say to the letter.
In August, I was in the hospital for kidney stones(passed nine of them)in severe pain. The doctor seemed reluctant to give me pain meds. Finally, after going into shock, I was given morphine. I did suffer a lot more pain than I thought I should have and by the time I got the shot it did little more than keep me from c