Brooklyn Oxycontin Possession Lawyers
Oxycontin is classified as a Schedule II drug, and Schedule II drugs are ones that generally require a valid prescription in order for you to legally be in possession of them. They have medical benefits, but they are also have a high likelihood for dependence in certain people, which is why it’s against the law for people without the appropriate prescriptions to be in possession of them.
Oxycontin Possession
If you’ve been found to be in possession of Oxycontin without a valid prescription, then you could be charged with drug possession. Being charged with Oxycontina possession could have severe life-altering penalties, depending upon how much of the drug you were supposedly in possession of. If you’re found to be in possession of more than so many milligrams of Oxycontin, you could be charged with an enhanced drug crime like possession with intent to distribute whether you really were intending to sell it or not.
Penalties for Oxycontin Possession Conviction
If you’re convicted of possessing Oxycontin, you could face high fines and fees as well as have to serve some jail time. If you don’t have to serve jail time (and even if you do), you could have to go on probation, and usually one of the mandates of your probation will be that you can’t have any drugs or alcohol in your system throughout the duration of your probation. You’ll likely have to report in to a probation officer every month, and your probation officer can require you to submit to a drug test at any time to make sure that you are following the conditions of your probation. You’ll also have to pay a fee each month for being on probation called a probation fee.
Other Penalties
While these are the main legal penalties of Oxycontin possession, there are plenty of other consequences too. For instance, there is a societal stigma around the word “felon.” When you’ve been branded a felon, some people might refuse to date you or associate with you. “Felon” carries with it negative connotations, and some people will view you as a bad or dangerous person. It hurts your reputation to be labeled a felon, and that information will be public knowledge. It can also make it more difficult for you to obtain a job since you’ll have to report on job applications that you are a felon. Some employers are wary of hiring employees who’ve been convicted of drug crimes, and if you can’t find a job, then it can definitely affect your standard of living.
Of course, it can also affect your relationships with friends and family members. If you have to go to prison for any length of time, you could miss out on precious memories with loved ones. You might also have to deal with feelings of having disappointed your loved ones. When you’re released, you might not be allowed to live in certain communities or apartment complexes because of your criminal background.
Types of Charges
Some Oxycontin possession charges are misdemeanors while others are felonies. Misdemeanors don’t come with as severe of penalties as felonies, and if you are convicted of a felony, you’ll never legally be able to own a firearm again. Usually a first-time offender found in possession of Oxycontin is charged with a misdemeanor unless the amount is a huge volume. If this isn’t your first rodeo with drug possession charges, then you could be facing a felony.
Brooklyn Oxycontin Possession Lawyers Can Help
If you’ve been charged with Oxycontin possession in Brooklyn, it’s of the utmost importance that you seek the representation of an experienced lawyer as soon as possible. Lawyers who are familiar with fighting drug cases can best serve you since they’ll know how to handle cases such as yours. Lawyers make it a point to stay up to date on all the latest laws concerning their areas of expertise and specialty practice so that they can better advise their clients.
The first step that your lawyer will likely take is to evaluate the events leading up to your arrest to determine whether or not the arrest was even warranted. For instance, if the law enforcement officer who arrested you pulled you over or detained you without having plausible cause to do so, then the evidence gained after that could be deemed inadmissible in court, which would mean that the State would have no evidence to prosecute you with. In cases such as these, your charges could be dropped entirely.
However, not everyone gets that lucky, so if your arrest was indeed lawful, then your lawyer can explore other options of defense.
Don’t deal with Brooklyn Oxycontin Possession Lawyers alone. Speak to the Spodek Law Group today.
Although it is a prescription drug, Oxycontin can be highly addictive. Its only purpose is to relieve pain. As a result, patients have a tendency to abuse it. Such abuse can lead patients to perform acts that they would not normally. And, such illegal acts can land them in trouble with the law. If you are arrested and charged with Oxycontin possession, then you need to contact a lawyer in brooklyn who has successfully handled drug possession cases.
There is not any such thing as a minor drug possession charge. Being charged with possession of a controlled substance is a serious offense. If convicted, you could face from up to one to up to 20 years in prison. Certain factors will play a role in the charges brought against you. These factors include whether this is your first offense or not, where you are arrested, the kind of controlled substance found in your possession and the amount.
In New York, controlled substances and narcotics are separated into five categories. Under Title I of the New York State Public Health Law, Oxycontin is a Schedule II drug.
The penalty for possession of a controlled substance is dependent upon the charge. The penalties and charges are as follows:
• If you are charged with possession of a controlled substance in the seventh degree, this is a class A misdemeanor that carries up to one year in prison;
• If you are charged with possession of a controlled substance in the fifth degree, this is a class D felony that carries up to two and one-half years in prison with no prior felony convictions (minimum of one year);
• If you are charged with possession of a controlled substance in the third degree, this is a class B felony that carries up to nine years in prison with no prior felony convictions (minimum of one year);
• If you are charged with possession of a controlled substance in the fourth degree, this is a class C felony that carries up to five and one-half years in prison with no prior felony convictions (minimum of one year);
• If you are charged with possession of a controlled substance in the second degree, this is a class A-II felony that carries up to 10 years in prison with no prior felony convictions (minimum of three years); and
• If you are charged with possession of a controlled substance in the first degree, this is a class A-I felony that carries up to 20 years in prison with no prior felony convictions (minimum of eight years).
The state of New York makes it explicitly clear that the following must have occurred in order to secure a conviction against you for possession of a controlled substance:
• That Oxycontin was the substance and that it is indeed a controlled substance;
• That you were actually in possession of Oxycontin;
• That you were cognizant of your possession of Oxycontin; and
• That your possession of Oxycontin was illegal.
Your possession must be proven beyond a reasonable doubt. Possession can be either physical or constructive. Constructive possession is whereby you had control over the entire scene, although you were not physically present at the scene. In other words, you had influence over the person who had the controlled substance, as well as control over the place where the controlled substance was found.
Your best defense to an Oxycontin possession is a brooklyn attorney who has expertise in this field. You need an attorney who will file pre-trial motions for insufficient evidence, a Miranda Rights violation or an illegal search and seizure. Such motions could prevent you from serving serious prison time, or prison time altogether.