Bronx Vicodin Possession Lawyers

What is Vicodin?

Vicodin is the brand name for hydrocodone which is a narcotic opioid. It’s classified as a Schedule II controlled substance. It can only be legally obtained by a prescription from a doctor. It’s intended for use as a painkiller, and it’s widely used and abused throughout New York City. Vicodin highly addictive, and it can impair cognitive abilities and reaction time. Should a person overdose on it, he or she will simply stop breathing and die.

Obtaining Vicodin Illegally

The most common way for a person who is addicted to Vicodin to obtain the medication is by doctor shopping. If one doctor won’t give it to a person, another doctor might. Theft of prescription pads or forms or the drug itself is also common. Vicodin is also bought and sold on the street.

Charging Illegal Possession of Vicodin

The illegal possession of Vicodin can be charged as either a misdemeanor or a felony. New York Penal Law section 220.03 allows the misdemeanor charge. Under that section, a person who is found to be in illegal possession of Vicodin can be sentenced to up to 364 days in jail along with a fine of up to $1,000. All other charges of illegally possessing Vicodin are felonies. Those are detained in New Work Penal Code section 220.06 to 220.21. Those can range from one year in prison to life in prison.

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Legal Scenario: What Would You Do?

Scenario

You were pulled over in the Bronx for a broken taillight, and the officer found a bottle of Vicodin in your glove compartment that was prescribed to your girlfriend, not you. You were arrested and charged with criminal possession of a controlled substance.

Can I really be charged with a crime for having someone else's prescription painkillers in my car?

Attorney's Answer

Under New York Penal Law § 220.03, criminal possession of a controlled substance in the seventh degree covers knowingly and unlawfully possessing any controlled substance, including hydrocodone (Vicodin), which is a Schedule II narcotic. Possessing a prescription medication that was not prescribed to you is considered unlawful possession, even if you had no intent to sell it. However, a skilled defense attorney can challenge whether you had knowledge of the pills, whether the search of your vehicle was lawful under the Fourth Amendment, or whether a diversion program may be available to avoid a criminal record. Given that Vicodin-related charges often involve addiction issues, courts in the Bronx may be open to treatment-based alternatives under New York's judicial diversion program for eligible defendants.

This is general information only. Contact us for advice specific to your situation.

Actual Possession and Constructive Possession