Can You Say "Motion To Quash"?

From a possession of dangerous drugs information:

[JAMIE’S CLIENT], the Defendant, on or about [SOME DATE], did then and there intentionally and knowingly possess, a dangerous drug , to wit: [Prescription Medication], a drug that federal law provides shall be dispensed by prescription and a drug which is required to bear the legend: Caution: federal law prohibits dispensing without the prescription,

AGAINST THE PEACE AND DIGNITY OF THE STATE

/s/
Assistant County Attorney of
Travis County Texas

Let’s play “What’s wrong with this charging instrument?”. And I’m deliberately not linking to the Code, because it should be obvious without even referencing the statute.
 

Trackbacks (0) Links to blogs that reference this article Trackback URL
http://blog.austindefense.com/admin/trackback/169773
Comments (3) Read through and enter the discussion with the form at the end
dogstir - December 4, 2009 7:09 AM

Only illegal to possess when not obtained from pharmacist, etc. Once obtained from pharmacist, your client can remove any label s/he wants or even throw away the pill bottle itself.

Thomas Gallagher - December 4, 2009 10:45 AM

It fails to allege that the person alleged to have possessed it did not have a prescription from an MD. Perhaps this would be impossible to prove, since they could not survey every MD. To require D to prove the prescription by affirmative defense could be an unconstitutional shifting of the BOP.

spencer owens - May 23, 2010 6:01 PM

Mr Spencer, would a motion to quash be valid on a criminal misdemeanor violation of protective order.

based on the fact the order was obtained with false pretenses, the info filed states communicating in a threatening and harassing manner? The aleeged info was an easter card...
could this fly? or waste of time?
spencer owens - brazos county case

Post A Comment / Question Use this form to add a comment to this entry.







Remember personal info?