Michael Kramer, Attorney at law

1311 Mamaroneck Ave
Suite 340
White Plains, NY 10605
mk@michaelkramerlaw.com

Call for a Free, 20-min,
Traffic Ticket Strategy Session

(914) 730-4935

Michael Kramer, Attorney at law

Interviewer: Let’s say the police search your car and you have prescriptions but they not in a bottle. Are you going to face charges?

It Is a Violation Committed Unknowingly by Many People

Mike Kramer: It is a violation of the law and many people commit this violation unknowingly. I mean, they don’t want to carry all of their pills wherever they go, so they take a few here, and few there and unknowingly place them in their pocket or purse.

Whether a police will actually charge someone is another question. You’re going to explain it to them and indicate that you have a legal prescription and so forth. But the police may charge you and wait for you to produce that legal prescription. in court This would involve you having to go to court, obtaining an attorney and so forth. It could be a big inconvenience. The best thing to do is not to take away the pills from the containers.

If You Can Produce a Valid Prescription, It Is up to the District Attorney to Pursue the Case or Present Alternative Charges

Interviewer: What if you produce the prescription?

Mike Kramer: It then becomes a negotiation with the district attorney’s office. It is up to a good defense attorney to present a favorable picture of all the circumstances as well as your background in an effort to convince them to dismiss the charge and keep you record clean for a relatively minor mistake.

You Can Face Criminal Charges for Accepting a Prescription Pill from a Friend

Interviewer: What if a friend gives you a pill, for example, you’re not feeling good, and they give you a Vicodin?

Mike Kramer: If the police officer wanted to hold to the letter than the law, possession of the Vicodin is a crime, and distribution by your friend to you is a crime. Again, it depends upon the circumstances and whether the police office is going to act based upon that one Vicodin.

Though the Courts Have a Reputation for Lenient Treatment of Prescription Drug Offenses, the Police Are Still Likely to Make Arrests

Interviewer: You mentioned that the courts in Westchester County are lenient on prescription drug charges. to make the arrest

Mike Kramer: Do not expect the police to show leniency.  They are in the business of making arrests. The case then goes to court and the district attorney’s office for evaluation. It is there that with the correct presentation, you can expect leniency to be shown.

Voluntary Counseling and Drug Treatment: Attorney Kramer Always Advises on Proactive Action after a Drug-Related Charge

Interviewer: Have you found it helpful for people to get drug and alcohol screening before trial or negotiations with the prosecutor to show good faith?

Mike Kramer: Depending upon the defense you and your attorney choose to put forth in your case ,it can be extremely important to your case. If the facts are such that a particular person possesses these drugs for personal use, then a drug evaluation will be most helpful.

You need a drug program set out for them so that the judge can be convinced that they’ve got their problem under control and there won’t be any repeat offenses. The problem comes in when you’re dealing with a drug as innocuous as marijuana and your client is a young person arrested for marijuana possession. They usually do not feel they have a serious problem as this is a rather innocuous drug

Attorney Kramer Finds That Young Clients Have Difficulty Refraining from Marijuana Use as a Condition of Probation

They go to court and depending on their prior record may be sentenced to a conditional discharge or probation. Each sentence will contain a condition that they remain drug free. They then violate this condition because they view marijuana use as no big deal.

Numerous Violations May Force a Judge to Consider a More Severe Punishment

Eventually, after numerous violations, a judge may feel a drug treatment program should be ordered. And if still no compliance, possibly an in patient program, which many people feel can be worse than jail.

In Some Cases, Individuals Opt for a Short Jail Term Rather Than a Prolonged Probation Period

I have clients who made a decision, after numerous violations of probation, that rather than deal with the probation officer, rather than deal with drug-treatment programs, or impatient treatment, they chose a minimal amount of jail time to get on with their lives and not be under any supervision.

With Marijuana-Related Cases, Does the Punishment Fit the Crime?

In my opinion, these are the worst type of cases because you’re dealing with people who are functioning in society, people who are working, young people who,in all other areas of life are successful and yet take marijuana as other people might take a drink, and they are paying the ultimate penalty, for using a drug which in many jurisdictions is now legal, but not in New York.

Michael Kramer, Esq.

Michael Kramer, offers legal insights on possessing prescription drugs outside their original packaging.

Call for a Free, 20-min, Traffic Ticket Strategy Session (914) 730-4935.