Top Federal Lawyers.

nyc criminal lawyers over 30 years of experienceWe Know How
To Win Cases

Spodek Law Group handles tough cases
nationwide, that demand excellence.

Get Free Consultation

Prescription Opioids

By Spodek Law Group | January 2, 2020
(Last Updated On: March 13, 2023)

Last Updated on: 13th March 2023, 02:40 pm

Prescription Opioid Possession: What You Need to Know in New York


As a nationwide law firm, Spodek Law Group and Attorney Todd Spodek understand the seriousness of prescription opioid possession charges in the state of New York. Possessing any kind of prescription opioids that are not prescribed to you can lead to drug charges, which can have severe consequences. In this article, we will discuss the different types of prescription opioids, the factors that can affect the charges you receive, and what you can expect when you go to court.

Types of Prescription Opioids

Some of the most common types of prescription opioids that you could have in your possession include Hydrocodone, Oxycodone, and Demerol. These drugs are highly addictive and can cause serious harm if not taken properly.

Factors Affecting Charges

When you are stopped and have these items in your possession, the amount and strength of the drug, your criminal history, and whether or not your name is on the container can all be deciding factors as to the charges that you receive or if you’re charged at all. The weight of the product that you had in your possession at the time of your arrest also plays a significant role in the details of your charges.

See also  How to Choose a Good Defense Attorney

Weight of the Product and Multiple Drugs

After being charged with prescription opioid possession, the details of your charges often depend on the weight of the product that you had in your possession at the time of your arrest. Each separate drug that you have in your possession can result in a separate charge. If you have multiple drugs in your possession, then you’re likely going to face a felony charge instead of a misdemeanor. This means that you’ll likely spend at least a minimal amount of time in jail and could have to pay fines to the county or state.

Intent to Sell and Deliver

If you have other items with the drugs, such as plastic bags or a small set of scales, then you could be charged with intent to sell and deliver along with the possession charge.


If you are charged and convicted of prescription opioid possession, then you’re usually looking at a misdemeanor. However, if you have a large amount that qualifies as trafficking, then you could be charged with a felony or a federal crime instead of one that is only dealt with by the state.

When you go to court with your attorney to discuss your charges and to present your defense about why you were in possession of prescription opioids, you could face up to a year in jail or prison as well as hefty fines. The charge will also be on your criminal background, which means that it could be difficult to obtain employment after court or after you serve your sentence.

See also  Opening Statement Tips

Schedule Classifications of Opioid Drugs

When you meet with an attorney to discuss your charges and the possible results when you go to court, one of the details that you’ll learn about is the different schedule classifications of opioid drugs. Schedule I drugs are at the top of the list and are often the most serious because of how easy it is to become addicted to them. Heroin and cocaine are included in this list. At the bottom of the list of opioids is Schedule VI drugs. These are not as addictive and often result in misdemeanor charges. Drugs on this list include hash and marijuana.

Defense Strategies

If you knowingly possess these medications without a valid prescription, then the charges will likely hold in court. Your attorney can then work with you to prepare a defense as to why you had them in your possession and what you planned to do with the drugs. If you don’t have a criminal record, then the court could be a bit easier on your sentencing process compared to if you have a lengthy background, especially one that includes prior drug charges.

Proving You Have a Proper Prescription

If you can show that you do have a proper prescription to possess the medication, then this is a defense that your attorney can use in court to have the charges dismissed or reduced depending on the reason behind your arrest. It’s essential to have an experienced attorney like Attorney Todd Spodek and the Spodek Law Group on your side, who have a deep understanding of the law and the experience to handle your legal situation.

See also  Truck Accident Checklist

Reducing the Charges and Avoiding Jail Time

With a skilled defense strategy, it may be possible to reduce the charges against you or avoid jail time altogether. Attorney Todd Spodek and the Spodek Law Group can help you build a strong defense and present it in court effectively. They can also negotiate with the prosecution to secure a plea deal that could reduce your charges and minimize the impact of the charges on your life.


In conclusion, prescription opioid possession charges in the state of New York can have severe consequences. It’s crucial to understand the types of drugs that can lead to charges, the factors that can affect the charges you receive, and the possible consequences. If you are facing prescription opioid possession charges, it’s important to have a skilled and experienced attorney like Attorney Todd Spodek and the Spodek Law Group on your side to help you navigate the legal process and achieve the best possible outcome.

Free Consultation


I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

Spodek Law Group

White Glove Service

We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.


85 Broad St 30th Floor, New York, NY 10004


get directions

Los Angeles

611 S Catalina St Suite 222, Los Angeles, CA 90005


get directions


35-37 36th St, 2nd Floor Astoria, NY 11106


get directions


195 Montague St., 14th Floor, Brooklyn, NY 11201


get directions
Call Now!