Drug Crimes, Substance Abuse Possesstion of a Controlled Substance Schedule 4

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nastaljia

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On Nov 5th I tried to commit suicide on prescription drugs. The police found me in time. On Dec 17th they charged me with possesstion of a controlled substance Schedule 4 when they collected pills from my house. I had prescriptions for all of them except for Klonopin which I recieved from a friend for one reason only. It had nothing to do addiction just the suicide attempt. I am bi-polar and have been in and out psychiatric hospitals for 21 years and have had multiple suicide attempts. This is the first to result in charges. My psychiatrist asked me who I made mad at the police department because in the 20+ years of her practicing she has never had this happen to a patient. There was no consent to search my home and I went down to the police department willingly when they called me. The had me read my own rights out loud (they did not read them to me) and then told me they weren't arresting me they just wanted to understand what happened that day. I had no Idea that they were interrogating me. The detective didn't make it seem that way.
I am currently on Court Supervision twice over for resisting arrest and Domestic battery when I was defending myself against my boyfriend but because I left marks on him I got arrested. (he's 240 and I'm all of 90 pounds). He said he would testify in my defense (he tried to get the charges dropped) as well as my psychiatrist due to the fact she knows I didn't have the Klonopin due to an addiction. I reside in Tazewell County. Please help me. I hold a professional license in the state. I'm taking my meds, seeing my psychiatrist on a regular basis as well as my family doctor. I am also attending group therapy at the Center for prevention of abuse and go to AA. Is there anyway to get the meds suppressed? How about changing venues to a mental health court since this is what it really falls under? Tazewell Co. doesn't have one. Thanks
 
On Nov 5th I tried to commit suicide on prescription drugs. The police found me in time. On Dec 17th they charged me with possesstion of a controlled substance Schedule 4 when they collected pills from my house. I had prescriptions for all of them except for Klonopin which I recieved from a friend for one reason only. It had nothing to do addiction just the suicide attempt. I am bi-polar and have been in and out psychiatric hospitals for 21 years and have had multiple suicide attempts. This is the first to result in charges. My psychiatrist asked me who I made mad at the police department because in the 20+ years of her practicing she has never had this happen to a patient. There was no consent to search my home and I went down to the police department willingly when they called me. The had me read my own rights out loud (they did not read them to me) and then told me they weren't arresting me they just wanted to understand what happened that day. I had no Idea that they were interrogating me. The detective didn't make it seem that way.
I am currently on Court Supervision twice over for resisting arrest and Domestic battery when I was defending myself against my boyfriend but because I left marks on him I got arrested. (he's 240 and I'm all of 90 pounds). He said he would testify in my defense (he tried to get the charges dropped) as well as my psychiatrist due to the fact she knows I didn't have the Klonopin due to an addiction. I reside in Tazewell County. Please help me. I hold a professional license in the state. I'm taking my meds, seeing my psychiatrist on a regular basis as well as my family doctor. I am also attending group therapy at the Center for prevention of abuse and go to AA. Is there anyway to get the meds suppressed? How about changing venues to a mental health court since this is what it really falls under? Tazewell Co. doesn't have one. Thanks

To my knowledge, there is no such thing as a "mental health court". You can have your attorney put forth an extenuating circumstance around your mental state, but there isn't a special courtroom for it.

Regardless of the reason, you obtained a vigorously controlled substance illegally.

Your psychiatrist cannot really testify about the drugs he/she did not prescribe. Further, if you were suicidal, why didn't your shrink react as her license requires?
 
Where in the residence was the Klonopin found? If it was kept with your other medications or anywhere in plain view then you won't get to suppress it. If it was hidden in a box in the air vent then that is another story...
So... where was it?
I suspect it was with your regular meds or in plain view, and they naturally found it as they were there investigating the suicide attempt, not by tearing your house apart looking for illegal drugs.
Addiction or not, you were in possession of a controlled substance. Had you not even taken any of the pills you would have committed the same crime simply by having them without a prescription. You don't get a free pass for being bipolar.
You mentioned being read your rights at the police station- not sure why. i can tell you that there was nothing unusual about the way that it was done, and if they had not taken you into custody and you were there voluntarily, they probably didn't have to tell you your rights at all.
There is no other court for you to transfer to either.
So- where was the Klonopin found, and how much of it was there?
 
Each prescription for a schedule IV, (CIV), controlled substance must be affixed with the label, "Caution: Federal law PROHIBITS the transfer of this drug to any person other than the patient for whom it was prescribed." They will likely bring charges against the original person to whom it was prescribed as well.
 
The klonopin was mixed in with other pills. I had between 8 & 10 of them. As for Mental Health Court there is a such thing as Peoria Co. is getting one in 6 months. There are about 9 of them in the state of Illinois. I've googled it after reading about it. It is based of the drug courts in the state. As for the person who gave me the meds...he is back in Nebraska.
 
In that case- no, you have essentially no chance of suppressing the discovery of the pills. It all sounds very legitimate.
You are dealing with a criminal offense that will be addressed in a criminal court. If you have other mental health issues, those would be appropriate for a mental health court, if one should actually exist... it surely handles a different range of issues.
 
Only if that person was dumb enough to leave it in the bottle with their name on it.... and even then they would say it was stolen!

Almost every time I see "borrowed" meds, they are in the original container, with the original owner's name and prescription information. "Street purchased" prescription drugs are also very frequently in the original container... You'd think people would be smarter than that... Sometimes the name is torn off, but the pharmacy and prescription number are still clearly visible, in an attempt to validate that the drug isn't counterfeit. Also, very frequently, the oxycodone has been replaced with plain tylenol tabs...

In any case, the lender has violated federal law as well.
 
The klonopin was mixed in with other pills. I had between 8 & 10 of them. As for Mental Health Court there is a such thing as Peoria Co. is getting one in 6 months. There are about 9 of them in the state of Illinois. I've googled it after reading about it. It is based of the drug courts in the state. As for the person who gave me the meds...he is back in Nebraska.

Thank you for pointing this out... learn something new everyday.

According to the Mental Health Court Act (quoted below)....you may not be eligible because of the battery charge (bolded).

(730 ILCS 168/) Mental Health Court Treatment Act.
(730 ILCS 168/1)
Sec. 1. Short title. This Act may be cited as the Mental Health Court Treatment Act.
(Source: P.A. 95‑606, eff. 6‑1‑08.)

(730 ILCS 168/5)
Sec. 5. Purposes. The General Assembly recognizes that a large percentage of criminal defendants have a diagnosable mental illness and that mental illnesses have a dramatic effect on the criminal justice system in the State of Illinois. The General Assembly also recognizes that mental illness and substance abuse problems co‑occur in a substantial percentage of criminal defendants. There is a critical need for a criminal justice system program that will reduce the number of persons with mental illnesses and with co‑occurring mental illness and substance abuse problems in the criminal justice system, reduce recidivism among persons with mental illness and with co‑occurring mental illness and substance abuse problems, provide appropriate treatment to persons with mental illnesses and co‑occurring mental illness and substance abuse problems and reduce the incidence of crimes committed as a result of mental illnesses or co‑occurring mental illness and substance abuse problems. It is the intent of the General Assembly to create specialized mental health courts with the necessary flexibility to meet the problems of criminal defendants with mental illnesses and co‑occurring mental illness and substance abuse problems in the State of Illinois.
(Source: P.A. 95‑606, eff. 6‑1‑08.)

(730 ILCS 168/10)
Sec. 10. Definitions. As used in this Act:
"Mental health court", "mental health court program", or "program" means a structured judicial intervention process for mental health treatment of eligible defendants that brings together mental health professionals, local social programs, and intensive judicial monitoring.
"Mental health court professional" means a judge, prosecutor, defense attorney, probation officer, or treatment provider involved with the mental health court program.
"Pre‑adjudicatory mental health court program" means a program that allows the defendant, with the consent of the prosecution, to expedite the defendant's criminal case before conviction or before filing of a criminal case and requires successful completion of the mental health court program as part of the agreement.
"Post‑adjudicatory mental health court program" means a program in which the defendant has admitted guilt or has been found guilty and agrees, along with the prosecution, to enter a mental health court program as part of the defendant's sentence.
"Combination mental health court program" means a mental health court program that includes a pre‑adjudicatory mental health court program and a post‑adjudicatory mental health court program.
"Co‑occurring mental health and substance abuse court program" means a program that includes persons with co‑occurring mental illness and substance abuse problems. Such programs shall include professionals with training and experience in treating persons with substance abuse problems and mental illness.
(Source: P.A. 95‑606, eff. 6‑1‑08.)

(730 ILCS 168/15)
Sec. 15. Authorization. The Chief Judge of each judicial circuit may establish a mental health court program, including the format under which it operates under this Act.
(Source: P.A. 95‑606, eff. 6‑1‑08.)

(730 ILCS 168/20)
Sec. 20. Eligibility.
(a) A defendant may be admitted into a mental health court program only upon the agreement of the prosecutor and the defendant and with the approval of the court.
(b) A defendant shall be excluded from a mental health court program if any one of the following applies:
(1) The crime is a crime of violence as set forth in

clause (3) of this subsection (b).
(2) The defendant does not demonstrate a willingness

to participate in a treatment program.
(3) The defendant has been convicted of a crime of

violence within the past 10 years excluding incarceration time, specifically first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, armed robbery, aggravated arson, arson, aggravated kidnapping, kidnapping, stalking, aggravated stalking, or any offense involving the discharge of a firearm.

(4) The defendant has previously completed or has

been discharged from a mental health court program within 3 years of completion or discharge.
(Source: P.A. 95‑606, eff. 6‑1‑08.)

(730 ILCS 168/25)
Sec. 25. Procedure.
(a) The court shall require an eligibility screening and an assessment of the defendant. An assessment need not be ordered if the court finds a valid assessment related to the present charge pending against the defendant has been completed within the previous 60 days.
(b) The judge shall inform the defendant that if the defendant fails to meet the requirements of the mental health court program, eligibility to participate in the program may be revoked and the defendant may be sentenced or the prosecution continued, as provided in the Unified Code of Corrections, for the crime charged.
(c) The defendant shall execute a written agreement as to his or her participation in the program and shall agree to all of the terms and conditions of the program, including but not limited to the possibility of sanctions or incarceration for failing to abide or comply with the terms of the program.
(d) In addition to any conditions authorized under the Pretrial Services Act and Section 5‑6‑3 of the Unified Code of Corrections, the court may order the defendant to complete mental health or substance abuse treatment in an outpatient, inpatient, residential, or jail‑based custodial treatment program. Any period of time a defendant shall serve in a jail‑based treatment program may not be reduced by the accumulation of good time or other credits and may be for a period of up to 120 days.
(e) The mental health court program may include a regimen of graduated requirements and rewards and sanctions, including but not limited to: fines, fees, costs, restitution, incarceration of up to 180 days, individual and group therapy, medication, drug analysis testing, close monitoring by the court and supervision of progress, educational or vocational counseling as appropriate and other requirements necessary to fulfill the mental health court program.
(Source: P.A. 95‑606, eff. 6‑1‑08.)

(730 ILCS 168/30)
Sec. 30. Mental health and substance abuse treatment.
(a) The mental health court program may maintain or collaborate with a network of mental health treatment programs and, if it is a co‑occurring mental health and substance abuse court program, a network of substance abuse treatment programs representing a continuum of treatment options commensurate with the needs of defendants and available resources.
(b) Any substance abuse treatment program to which defendants are referred must meet all of the rules and governing programs in Parts 2030 and 2060 of Title 77 of the Illinois Administrative Code.
(c) The mental health court program may, at its discretion, employ additional services or interventions, as it deems necessary on a case by case basis.
(Source: P.A. 95‑606, eff. 6‑1‑08.)

(730 ILCS 168/35)
Sec. 35. Violation; termination; discharge.
(a) If the court finds from the evidence presented, including but not limited to the reports or proffers of proof from the mental health court professionals that:
(1) the defendant is not performing satisfactorily in

the assigned program;
(2) the defendant is not benefiting from education,

treatment, or rehabilitation;
(3) the defendant has engaged in criminal conduct

rendering him or her unsuitable for the program; or
(4) the defendant has otherwise violated the terms

and conditions of the program or his or her sentence or is for any reason unable to participate;
the court may impose reasonable sanctions under prior written
agreement of the defendant, including but not limited to imprisonment or dismissal of the defendant from the program; and the court may reinstate criminal proceedings against him or her or proceed under Section 5‑6‑4 of the Unified Code of Corrections for a violation of probation, conditional discharge, or supervision hearing. No defendant may be dismissed from the program unless, prior to such dismissal, the defendant is informed in writing: (i) of the reason or reasons for the dismissal; (ii) the evidentiary basis supporting the reason or reasons for the dismissal; (iii) that the defendant has a right to a hearing at which he or she may present evidence supporting his or her continuation in the program. Based upon the evidence presented, the court shall determine whether the defendant has violated the conditions of the program and whether the defendant should be dismissed from the program or whether some other alternative may be appropriate in the interests of the defendant and the public.
(b) Upon successful completion of the terms and conditions of the program, the court may dismiss the original charges against the defendant or successfully terminate the defendant's sentence or otherwise discharge him or her from the program or from any further proceedings against him or her in the original prosecution.
(Source: P.A. 95‑606, eff. 6‑1‑08.)
 
Apparently it also requires the prosecutor's consent. We don't have all the details here, but simple possession doesn't seem like something the prosecutor would be sending to that court.
 
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