Unlike street narcotics, there are some controlled substances that can be possessed legally with a valid prescription from a doctor. These prescription drugs have accepted medical uses that outweigh the risk of abuse in most cases, but that does not mean the public is free to possess and use these drugs as they see fit.
If you have been charged with possessing controlled medication without a prescription, the consequences of a conviction are serious. Thankfully, a skilled drug defense attorney could help you understand the legal jeopardy you face while advocating on your behalf. Instead of representing yourself, it could be beneficial to first speak to a Carrollton prescription drug lawyer.
Even though many people lawfully possess these drugs, the penalties are harsh for those who use or possess them illegally. Anyone found guilty of this offense could find themselves facing years of incarceration and thousands of dollars in fines. When the charge is treated as a felony, a person could also lose certain rights associated with voting during their sentence or even owning firearms for the rest of their lives.
It is helpful to keep in mind that these penalties only become a reality after a conviction. When charges are dismissed, or a person is acquitted at trial, they no longer face the potential of incarceration or other consequences. This is why it is often the best option to aggressively fight back against these charges at trial. A Carrollton prescription drug attorney could provide insight into the best course of action in these cases.
While there are a number of potential defenses available in prescription drug cases, a Carrollton attorney will first need to evaluate every aspect of an arrest to determine what strategy is supported by the facts. Some potential options include:
One of the strongest defenses in these cases is that the accused person was prescribed the medication by their doctor all along. This approach is useful when the police make a mistake, but it is especially common in situations where a person carries their medication outside the home in something other than the marked bottle it came in. This defense often leads to the dismissal of all charges.
Another common fact pattern involves the police arresting a person on drug charges for possessing something that is not a controlled substance. This could happen when an individual is carrying an over-the-counter medication that is mistaken for controlled substances by the police. It can take chemical lab tests to demonstrate when something is or is not a prescribed drug.
These cases also frequently turn on whether a person’s rights were violated at the time of their arrest. Usually, the state brings these cases after evidence is seized during a search of a home or vehicle. When that search is unlawful, any evidence that is found can be barred at trial. This can lead to a judge throwing out most of the prosecutor’s evidence before the trial begins.
If you face allegations of unlawfully possessing controlled medications, you have the right to present your defense. Before you assume your chances of success are hopeless, you could benefit from discussing your case with a skilled attorney.
A Carrollton prescription drug lawyer could help you build a winning defense strategy. Call J. Ryan Brown Law to learn more.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC
