Beating Philadelphia Prescription Drug Abuse and Diversion Charges

Beating Philadelphia Prescription Drug Abuse and Diversion Charges

Prescription drug abuse and diversion charges in Philadelphia can carry severe penalties, including lengthy jail time. But with an experienced criminal defense attorney on your side, it may be possible to get charges reduced or even dismissed. This article provides an overview of prescription drug laws in Philadelphia, potential defenses, and how a knowledgeable lawyer can help build the strongest case on your behalf.

Understanding Philadelphia’s Prescription Drug Laws

Philadelphia follows both federal and state laws regarding prescription drugs. The main statutes are the Federal Controlled Substances Act and Pennsylvania’s Controlled Substance, Drug, Device and Cosmetic Act. These laws categorize drugs into different schedules based on their potential for abuse and addiction. They also spell out penalties for illegally possessing, distributing, or prescribing controlled substances.

In Philadelphia, common charges for prescription drug violations include:

• Drug possession – Possessing a controlled substance without a valid prescription is illegal under both federal and state law. The potential penalties depend on the type and amount of drug involved.
• Drug distribution – Giving or selling prescription drugs to someone without a valid prescription is illegal distribution. Even sharing your own prescription with someone else could lead to distribution charges.
• Prescription forgery – Altering a prescription to get more refills or increase the dosage is prescription forgery. Using someone else’s prescription or an entirely fake prescription also constitutes forgery.
• Doctor shopping – Seeing multiple doctors to obtain prescriptions for the same or similar drugs can lead to doctor shopping charges, especially if using different pharmacies to fill the prescriptions.
• Prescription fraud – Various activities like calling in fake prescriptions or stealing prescription pads fall under prescription fraud laws.

The penalties for prescription drug offenses depend on the specific charges and your criminal history. But possible consequences include hefty fines, driver’s license suspension, and years in prison. Any drug conviction also causes lasting damage to your reputation and future opportunities.

Fighting the Charges With an Experienced Lawyer

Given the severe potential penalties, anyone facing prescription drug charges needs an aggressive defense. An experienced Philadelphia prescription drug lawyer can thoroughly examine the prosecution’s evidence and identify any constitutional violations or other weaknesses in the case.

Here are some strategies an attorney may use:

• Suppress evidence due to illegal search – If the police violated your Fourth Amendment rights by searching you or your property without probable cause and a warrant, any evidence found may be inadmissible.
• Challenge lack of proof – The prosecution must prove you knowingly and intentionally committed the crime. But if the evidence is circumstantial or inconclusive, your lawyer can argue reasonable doubt.
• Raise affirmative defenses – Defenses like duress and medical necessity could justify your actions in certain situations. A lawyer can advise if any apply in your case.
• Negotiate plea bargains – While maintaining your innocence, your attorney may be able to negotiate with the prosecutor to get charges reduced or even dismissed through a plea agreement.
• File suppression motions – Before trial, a lawyer can file motions asking the judge to rule certain evidence as inadmissible due to procedural errors or constitutional issues.
• Present expert testimony – Prescription drug cases often involve complicated medical and pharmacological issues. Defense experts can provide testimony to counter the prosecution’s evidence.
• Demand jury trial – Rather than leave your fate to a judge, you can exercise your right to a jury trial. Your lawyer will handle jury selection and educate jurors on reasonable doubt.

With an aggressive defense targeting the prosecution’s weaknesses, many prescription drug cases can end with reduced charges or dismissals. Even for convictions, skilled negotiation by your lawyer can help minimize penalties.