Defendant arrested for having Methadone, Valium, Soma, Xanax and Hydrocodone. These pills were in two prescription bottles, but neither bottle had a prescription label. He is in his 40s and his mommy is now saying she can produce prescriptions. I haven't seen them yet, but she'll probably pay a doc to her son out of this. I'm going to charge it as a POCS 2nd degree. I see a lot of pitfalls in this case and this is a guy who has skated by for too long despite our knowing he is a violent drug addict and dealer. I don't want to lose this chance. Does anyone have any thoughts about a different way to charge this and how to overcome some of the obvious pitfalls? I thought there was a law against meds in bottles without prescription labels, but can't seem to find it.

Bethany

Are you sure that this is not really just 4 cases of Possessing Dangerous Drugs (Class A misdemeanors)?