By Paul Henry / in , , , , , , , , , , , , , , , /


>>RYAN: We�re with Adam Feldman. Adam is
a criminal attorney in Phoenix, Arizona and he s agreed to answer some questions for the
people regarding prescription drugs. With that said, let s go into our first question.
Adam, the question was: how much experience do you have in defending prescription drug
cases?>>ADAM: Thanks Ryan. I have a ton of experience
when it comes to prescription drug cases so in practicing for a little over ten years.
I started as a prosecutor. As a prosecutor, we were handling cases like that and we learned
the ins and outs and the science associated with them and really how to truly prosecute
those cases. I transferred that knowledge base over to defense and in the six years
that I was working for somebody else, we had tons of these kinds of cases. Our office is
just a few miles away from college campus and whether it s Arizona State or University
of Arizona, all of these things. The college kids are around. Unfortunately, it s a huge
issue you see on the college campuses. And over the years we�ve just dealt with many,
many of these cases. And then when I went out on my own, same thing, my offices in the
heart of downtown Phoenix that s basically part of the offshoot campus of Arizona State.
So we get college kids in here all the time with those. And then we don t get college
kids exclusively. All sorts of people are associated with these cases so we see it all
the time.>>RYAN: Okay. Next question was: My son is
facing multiple charges relating to prescription drugs. I m currently looking for an attorney
to defend him. What questions should I be asking these attorneys?>>ADAM: A lot of the questions are generic
in nature. Whether it s a sex crime, whether it s a homicide, whether it s a drug-related
crime like we have here, the questions should be similar. One, are you a former prosecutor?
It doesn�t mean everything but it s a big deal because as a former prosecutor you develop
relationships with opposing council. So, you�re never going to get a deal under the table
and anybody you tells you otherwise, they�re just lying to you. But the way it works is,
when I m speaking with an attorney co-counsel or opposing council, I m doing my best to
personalize my client and sell my client to that person. So if I have a friend on the
other side of the table or a colleague that I use to work with, it makes a big deal because
there s a certain level of trust and respect out there as opposed to something that I have
to build if I wasn�t a former prosecutor. So the first and most basic question is are
you a former prosecutor? The next question, and we see this all the time, is people will
go in to these larger law firms and they�ll meet with an attorney, sometimes not, but
they�ll meet with somebody who s representing the law firm and the truth is that s not going
to be your attorney. So you always want to know who s my attorney going to be? Especially
when you go to these law firms that have multiple attorneys, the question is, are you going
to be my attorney? Is the name on the billboard, who is going to be my attorney? Or am I speaking
with the person who s going to represent me? With the large law firms, the ones you see
on TV and the billboards, a lot of times, that s not the person who s ever going to
touch your case. So it s a really important question. Who s going to be in court? Is it
the same attorney every time or is the file going to be shuffled around. The third most
important question is how can I access my attorney? Do I have to call the office? And
do I receive a receptionist who then shuffles me to paralegal who then tells me that the
attorney s out and will contact me whenever? Or do you have immediate contact with the
attorney? I always provide that access to my client because these are life-altering
situations that you�re in and it s really important that if you have a question, you
can get that answered immediately as opposed to having to go through all these different
hoops to finally get in touch with the attorney. So the most basic question is, Hey do I get
my attorney’s cell phone number? With the Feldman law firm you do. With a lot of other
law firms, you don t. So those are some of the most important questions to ask. And then
obviously the most important question. Have you handled these questions before and what
kind of results have you received?>>RYAN: Okay. Next question, short and to
the point: What do you charge?>>ADAM: It s a great question. It s a tough
question. Every type of drug case is very different. You have a college kid who gets
picked up and he s got two Xanax on him that he didn�t have a prescription and it s a
relatively straightforward case. That s going to be on a much lower end of the spectrum.
Flipside is you get a college kid or you get anybody who is forging prescriptions, getting
thousands of these pills and then selling them in the market. Those two cases are going
to have drastically different prices. As a rule of thumb, I would say that the simple
possession cases are going to start as low as $3,000 and then the price is just going
to increase depending on the complexity of the case>>RYAN: Okay. I had a friend s bottle of
Adderall in the car and I m being charged with passion and attempt to distribute. It
was really just his bottle that was left in the car. What are my options?>>ADAM: Assuming you�ve already been charged,
your options are relatively limited. You can tell the prosecutor until you�re blue in
the face that it was your friend s bottle. They�re not going to believe you. You can
tell the police officers that it was your friend s bottle. They�re not going to believe
you. So really, the option you have is, you get a public defender or you can hire an attorney.
But the importance of the attorney is that is your spokesperson. And this is why I think
private attorneys have an advantage over public defenders. Often times the biggest complaint
I hear about public defenders is not that they don t know what they�re doing. It s
not that they�re not good attorneys. It s that the level of communication between
the client and the public defender is just not there. Sometimes I’ve heard people wait
45 days from the point of people arraigned or arrested until they ever meet their attorney
or hear from their attorney when it s in the public sector. So when you hire an attorney,
the biggest thing in a case like this is I m going to talk to your friend, I m going
to talk to if he has an attorney his attorney, depending on his age I might have to talk
to his parents but we�re going to try to get some sort of affidavit from that friend
where he can include that information. Hey, my prescription was for this, it was issued
by this daughter, there s a copy of the prescription, I went for a ride in my friend s car, I left
the bottle, it was unintentional and in no way, shape or form have I ever given my friend
any of these pills or has he ever used these pills. That affidavit in and of itself is
going to be very substantial in your defense and sometimes it s significant enough for
us to get the case dismissed completely.>>RYAN: Okay. This question is a little more
specific. It s our final question. I was travelling across Arizona on a trip to California and
was pulled over. I was throwing a cigarette out the window. They found multiple bottles
of Xanax with no prescriptions in my car. I’ve been bailed out and went back home to
Colorado. Do you work with out of state clients and if so, how is this going to work?>>ADAM: So yes I work with out of state clients.
Given the fact that you�re on the border of Arizona and California, there are some
questions. One is, are you going to be charged in Arizona or are you going to be charged
in California? From the question, I can t quite read between the lines as to where you�re
being charged. If you�re charged in California, unfortunately I don t do cases I California
so you would have to search for an attorney who does those kinds of cases there. Let s
assume that you were charged in Arizona. Anywhere in Arizona, anywhere within the state, I can
practice. I m licensed to practice there and I certainly would assist you. The fact that
you�re in Colorado is relatively insignificant. It makes for additional expensive. It makes
for additional inconveniences. But it doesn�t quite matter. The fact that you�re in California
leads me to believe that the court has already said that you have permission to leave the
state. And then what we�re trying to do is, we�re trying to waive your appearance
for as many important hearings as possible. A typical case is going to last, let s say
6 to 8 months. In that time we will have several really status conferences just where the court
wants to make sure everybody is on track, that the attorneys are working together, things
like that. Oftentimes these hearings last 3 to 5 minutes and you don t say anything
other than your name and date of birth. For those seemingly insignificant hearings, I
always try to waive my out-of-state client s presence. That way, you�re not flying
out of Colorado to California to show up to court and literally just say your name and
date of birth. A lot of times the courts are willing to have you appear telephonically
or even waive your appearance completely and I could just appear for you. And that’s the
biggest convenience that I try to afford my clients. As far as the logistics of the case
go, you being in Colorado, it doesn�t matter. These days with e-mail, our ability to download
documents and send them to you, we can do everything the way we d do a normal case if
the person was here in Arizona. Just like we�re having this video chat, it s not uncommon
for be the Skype with clients so we�re basically having an in-person meeting through the computer.
So while it poses a few little issues here and there, I think the issues are insignificant.
I�ve represented clients who live out of state several times, many times, and it doesn�t
impede my ability to assist them.>>RYAN: Okay, excellent. If you have more
questions for Adam all you need to do is post them in the comments section below and he
s agreed to get back with you. Thanks for your time, Adam.>>ADAM: Thanks, Ryan. And the biggest thing,
with all these questions, they are very fact-specific. So if you do have any additional questions
the consultation s always free. We can do it over the phone. You can come on into the
office. If you want to call me and shout out a couple questions, that s great too. Telephone
number is (620) 540-7887. Thanks very much.>>RYAN: Thanks, Adam.


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