Is this a felony?

[kellievans26]

My husbands ex-girlfriend, who is also his 5 year olds mother, was recently arrested for drugs not in it's original container and a seat belt violation. We're not sure what type of pills they were, but we have heard she sales xanax and things like that because her father, who she lives with, gets them from the pain clinic along with methadone and things like that. No one in that household works and the only income she claims is child support. So we're pretty sure she was going to sale them. We would just like to know if the charge is a felony or misdeamor and what type of punishment is usually given for that offense? We are really concerned for his daughters well being because his ex has had DFCS called on her several times by multiple people. Her own father even told my husband at one point about her being on meth. My husband went to DFCS and of course we haven't heard anything. We're hoping this is the proof we need to be able to prove she's unfit.

[Citicop]

Possession of a controlled substance without a prescription is a felony in every jurisdiction I am aware of.

Punishments will vary widely, from probation to a fine to rehab to prison depending on more factors than can be analyzed here.

-Citicop.

[kellievans26]

Thanks for your reply. Would that be considered possession though? it only stated drugs not in a original container...nothing about possession. LOL You'll have to excuse my ignorance, I know absolutely nothing about things like this. I do know that the GA code section number is 16-13-75. It really doesn't give that much detail though. I called the sheriff's office in the county she was arrested and gave them her name and this is the code she violated.

[pac201]

Thanks for your reply. Would that be considered possession though? it only stated drugs not in a original container...nothing about possession. LOL You'll have to excuse my ignorance, I know absolutely nothing about things like this. I do know that the GA code section number is 16-13-75. It really doesn't give that much detail though. I called the sheriff's office in the county she was arrested and gave them her name and this is the code she violated.

yes it would...

[scott715us]

It's a misdemeanor in TN unless there's enough to dictate possession w/intent to sell, distribute. Then it's a felony.

[nate1]

Same here, depending on what schedule the pills were. Having a prescription not in the proper container is a misdemeanor (in Ky).

[missouricop]

I will have to agree with Citicop, that is if you can get the PA to file on it.

[Citicop]

I will have to agree with Citicop, that is if you can get the PA to file on it.

True that.

We can have video of the suspect committing the crime and a confession and not get charges issued...

-Citicop.