There are potential ways for you to avoid a permanent felony conviction in this matter. However, you may first want to consult with an experienced criminal defense attorney. If he or she believes the police did not have grounds to search your vehicle, and you did not voluntarily consent to a search, you might prevail on a motion to suppress evidence.
Assuming the search likely will be found lawful, your attorney can explore plea options with the prosecutor.
Provigil (also known as Modafinal), is a class IV controlled substance. It is prescribed for the treatment of narcolepsy, sleep disorders and excessive daytime sleepiness. In 2006, the Food and Drug Administration specifically refused to authorize it for the treatment of Attention Deficit Disorder or for use by children.However, it has a lower potential for abuse than ADD drugs and is popular among students and workers who want to stay awake longer and increase their memory and cognitive functions.
It is unlawful for any person knowingly or intentionally to possess a Schedule IV controlled substance unless it was obtained pursuant to a valid doctor's prescription. In Louisiana, where you are from, possession of a Schedule IV controlled substance (other than Flunitrazepam which is punished more severely) is a felony carrying a sentence of up to five years in prison, with or without hard labor.
However, Louisiana also allows for deferred adjudications and drug courts. Since it is your first offense and you only had one pill, the prosecutor and/court may allow you to plead guilty to the offense and place you on probation for a period of time, subject to certain conditions. Assuming you successfully comply with the conditions of probation which are likely to include drug treatment and/or classes, and commit no other crimes, you can petition the court at the end of the period to have your conviction set aside and the case dismissed. In Louisiana, this would have the legal effect of an acquittal and you would not have a criminal record (other than for the purposes of being considered a recidivist if you committed another felony in the future).
Other than small amounts of marijuana, most drug offenses in Louisiana appear to be felonies. Should you prefer pleading guilty to a misdemeanor, rather than receiving a deferred adjudication on a felony, your attorney can attempt to negotiate a misdemeanor plea with the prosecutor. While there would not be a factual basis for the plea, the court might agree to waive the requirement of a factual basis, at least as to the identity of the substance involved. Probation is not easy for some people, and it does entail restrictions on your activities. If you don't feel you can comply with the conditions for the required period of time, a plea to a misdemeanor with a sentence of a fine rather than probation may be a better fit, if the prosecutor will agree to it. You should discuss all options with your counsel, who is in the best position to advise you as to which ones are available to you and in your best interest.
-- Jeralyn Merritt
