When many people think of drug possession charges man come to mind - marijuana, cocaine, methamphetamine and heroin for example. However, illegal drugs are not the only ones illegal to possess. Most people don't realize this can qualify as possession of a counterfeit controlled substance, or even a felony.
We tend to most commonly drugs like painkillers such as Vicodin and OxyContin, and antidepressants like Valium, Ambien, Xanax or Zoloft being used and sold illegally
Penalties for Illegal Possession of Prescription Drugs
The charges and penalties faced for possession of prescription drugs are determined by the drug itself:
o Unlawful possession of amphetamines, such as Adderall: First offense: maximum $5,000 fine
and/or one year in county jail; Subsequent offenses: Class I felony; maximum $10,000 fine
and/or 3 ½ years in prison.
o Unlawful possession of Schedule I or Schedule II narcotics, such as prescription opioids: Class
I felony; maximum $10,000 fine and/or 3 ½ years in prison.
o Unlawful possession of scheduled non-narcotics, such as Xanax: Class C misdemeanor;
maximum $500 fine and/or 30 days imprisonment.
o In addition to fines, one may also be required to pay assessments, court costs, and
surcharges.
How to Fight a Prescription Drug Charge
· Provide evidence the arresting officer lacked
probable cause.
- If an officer lacks probable cause, this means the conducted stop was unjustified. If this
is true in your situation, it is likely the reason
for your stop can be proven unjustified or
unlawful.
· Confirm there was an unlawful search and seizure.
- If your 4th amendment rights were violated, the chances of your charges getting
dropped significantly increase. If a controlled substance like prescription drugs are
found in “plain view” it may be seized and used as evidence. However, drugs found in
your vehicle or home without search consent cannot be entered into evidence.
· Prove the prescription drugs belong to someone else.
- Although simple-sounding, this is a common defense to any criminal charge. A
knowledgeable, experienced criminal defense attorney would pressure the prosecutor
to prove the prescription drugs found actually belonged to their client.
It is vital that you hire an experienced criminal defense if you or someone you know is facing charges. Contact us today to set up a free consultation. Please contact us by text or phone at (414) 775-7445 or email at laura@jlfwisconsin.com anytime.
*Any articles in the Libra or posted by Jones Law Firm LLC are not legal advice for a particular client or situation. Further no attorney-client relationship is intended or created with this post.*
