Mr. Keller is spot on. You must contact an attorney who is experienced in both criminal defense as well as insurance law. Also, make sure that you have your policy ready for the attorney to review. Your policy may very well, dictate what reimbursement, if any, may be due.
First, no more posts. Go out and get an experienced attorney and Mr. Cooper is correct, using the public defender is fine, if you qualify. Contrary to some opinion on the street, Public Defenders are real lawyers and criminal defense is what they do all day, every day. Just like private attorneys, some are better than others. Good luck.
My colleagues are spot on in their answers. The short answer is "Yes". Your friend may be prosecuted. Sounds like she was scrpit shopping to get more medication than was medically need. I also suggest that they contact a lawyer who has experience in this area of criminal law.
First, make sure that you are still qualified for a PD by going to the PD's office in the courthouse in Norristown asap. The PD you had at the prelim will not be your trial PD. If you decide to retain private counsel, do so immediately and make sure you find a lawyer who is very eperienced in drugs cases and Montgomery County. Do not discuss any further details on this public site.
Mr. Pacillio is correct. But a great deal may depend on what county is involved, your probation officer and the terms and conditions of your probation/parole. Contact an experienced attoney in the county and discuss this with him/her.
Mr. Rubin has offered a detailed answer to your question especially the wording of the statute. I also, agree that he should plead NOT GUILTY. You should contact a local criminal defense attorney who is very familiar with the police department and the Court where the citation was issued.
First, respond to the citation and plead NOT GUILTY keeping a copy of the citation. Second, hire a lawyer from the area where you were stopped. (He/she will know the judge and probably the officer). Under no circumstances should you attempt to handle this yourself. Conviction could mean a suspension of your drivers license