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How to Prep for a Prescription Drug Charge

11 February 2017

Many people are arrested every year due to prescription drug charges. Many of the cases involve discovering small amounts of controlled drugs in someone’s possession or in someone’s car.

Prescription drug charges comprise a large percentage of cases handled in criminal court. Fortunately, there are many defenses available to those facing this type of charge. Here are some ways on how to prep for a prescription drug case:

  1. Challenge the way by which the evidence against you was acquired

Try to show that the officer lacked probable cause to stop you in the first place. If the stop is illegal, all of the evidence against you will be thrown out and your case will be dismissed. In cases where the act of stopping is legal, the search for prescription drugs may be illegal if the officer lacked probable cause to search you or your vehicle or if they didn’t have valid consent to search or a valid search warrant. We will attack everything.

  1. Establish that you are a victim of circumstances

Some prescription drug charges are dropped if the prosecutor fails to establish constructive possession of the drug by the accused. For instance, an officer discovers pills in a car that you borrowed from a friend or you were driving a rental vehicle. If you didn’t make any statements acknowledging the pills were yours, the prosecution could have a tough time linking the drugs to you.  If the prosecution cannot make that link, they’ll be forced to dismiss your case.

  1. Scrutinize the laboratory results presented in court

Some officers immediately think that a substance is a drug just because of the substance’s appearance. What may just be a bottle of spices could appear to be marijuana for them. Make sure that you challenge the lab reports which are used to verify that the evidence presented is a controlled prescription drug. The prosecutor may deem it necessary to call in the laboratory analyst who performed the test to give his testimony.

  1. Take the prescription drug charges seriously

While simple possession of prescription drugs is not as serious as trafficking in prescription pills, you should still deal with the case using the same level of fervor because you are still facing serious consequences. My office will take and defend depositions, compel the prosecution to turn over the evidence, and other procedural tasks that may wear down the prosecutor. This will give you the best shot at getting your charges dropped or reduced.

Contact a professional criminal defense lawyer to help you prepare for a prescription drug case

Defending yourself in court against prescription drug charges might be hard if you don’t have an expert on your side, especially one who completely understands the law. Piotrowski Law is a Criminal Defense practice based in Miami, Florida. Our team can help you build your defense in court in order to get the best outcome possible. Contact us today for your initial consultation.

 

Chad Piotrowski - post author

Chad Piotrowski is a criminal defense attorney in Miami, Florida. He is a former Miami-Dade Prosecutor and has practiced criminal law, exclusively, for more than 10 years.

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