Not all drug arrests involve street narcotics or substances designed to be abused. Prescription medication is heavily regulated and possessing it without proper authorization is a crime. The penalties that come with a conviction can be significant.
If you have been arrested for a crime related to prescription medication, a dedicated drug attorney can help. You have the opportunity to fight these charges, and a strong strategy could help you avoid a conviction. Before you accept a plea, you could benefit from talking through your options with a Chesapeake prescription drug lawyer.
When is it Illegal to Possess Prescription Drugs?
It can be strange to think of possessing medication as a crime, given that countless people do so every day without issue. While there are many situations where a person lawfully possesses or consumes a controlled substance, the law involving these substances is strictly enforced.
While it is possible to get a prescription for many drugs, they are classified as controlled substances under federal law. In some cases, medications like Percocet or fentanyl are classified as a Schedule II controlled substance, which is the second-highest level of drugs. Other types of medicine are scheduled at lower levels but illegally possessing them carries steep penalties.
It is vital to have proper authorization to possess or transport a drug. This usually comes in the form of a prescription written by a doctor. The safest practice is to keep medicine in their label containers at all times.
Potential Charges for Illegally Having Prescription Drugs
There are different criminal charges involving prescription drugs beyond possessing them without authorization. While possession charges are the most common, it is possible to face either misdemeanor or felony arrests for a variety of offenses.
Some of these charges involve acts of fraud. For example, it is unlawful to forge a prescription using a doctor’s signature. It is also illegal to create fraudulent medication and pass them off as the real thing.
The most serious of these offenses involves commercial transactions. Steep penalties follow a conviction for the distribution of controlled medication. The same is true for trafficking charges or possession with intent to sell.
A conviction in any of these cases could have life-altering consequences for the accused. The good news is that fighting back is an option. A Chesapeake prescription drug attorney could challenge the evidence at trial or even push to have the case thrown out by the judge.
Defense Strategies for Prescription Drug Charges
An attorney in Chesapeake has different options for fighting a conviction in a prescription drug case. The strongest possible strategy involves providing proof that the accused had been prescribed the drug all along.
Of course, this is not an option in every case. In these scenarios, it may be necessary to consider other approaches, such as arguing that the state illegally collected the evidence it intends to use at trial. This can lead to excluding the proof the state needs to get a conviction. Other potential strategies might involve targeting an alternative suspect, arguing actual innocence, or pointing to the lack of evidence.
Talk to a Prescription Drug Attorney in Chesapeake Today
If you have been arrested and charged with crimes related to controlled medication, now is the time to see a lawyer. A conviction could have lasting consequences, but there are ways to defend yourself. Reach out to a Chesapeake prescription drug lawyer at Parks Zeigler, PLLC, today to learn more.
