What Defenses Work Against Prescription Drug Distribution Charges?

Defenses Against Prescription Drug Distribution Charges

Getting charged with prescription drug distribution can be scary. The penalties are harsh, and it can feel like the deck is stacked against you. However, there are defenses you can use to fight the charges. In this article, we’ll break down some of the most common and effective defenses against prescription drug distribution charges.

Lack of Intent

One of the main elements prosecutors have to prove is that you intended to distribute prescription drugs illegally. If you can show you lacked intent, it can be a strong defense. For example, if a friend asked you for some of your pain medication for their backache, and you gave them a few pills not realizing it was illegal, you may be able to argue lack of intent. Or if you were storing someone else’s medication for them, but did not plan to sell it. While lack of intent can be tricky to prove, it is possible in the right circumstances.

No Knowledge

Similarly, you can argue you didn’t know the prescription drugs were in your possession. This is related to lack of intent. Let’s say police found oxycodone pills in your car’s glovebox. If you can show you had no idea the pills were there – for example, if they belonged to a passenger and were left there accidentally – you may be able to claim no knowledge. This defense argues you never consciously or knowingly possessed the drugs.

Entrapment

Entrapment is when law enforcement induces you to commit a crime you otherwise wouldn’t have. It often involves an undercover officer pressuring someone into distributing drugs. The key is that you were not already predisposed to commit the crime. Entrapment claims are challenging but can work in prescription drug cases if police used coercive tactics. Consult an attorney if you think you were entrapped.

Duress

Duress or coercion is when someone forces you to distribute drugs under threat of harm. If you can show you only committed the crime because you feared for your safety if you refused, it may constitute duress. For example, if a violent gang member threatened to kill your family unless you dealt drugs for them. While tough to prove, duress can sometimes justify otherwise illegal actions.

Misidentification

Mistaken identity is another possibility. If police accuse you of selling drugs, but it was actually someone else who looks like you, it’s a case of misidentification. Physical evidence like fingerprints or video surveillance can help prove the police arrested the wrong person. While authorities usually try to confirm identities, errors do happen.

Illegal Search

If police obtained evidence through an illegal search, it may get thrown out. For example, if they searched your home without a warrant and found prescription drugs. Or forced you to take a blood test without consent. In these cases, the evidence was obtained illegally and cannot be used against you. Work with your lawyer to determine if the search violated your rights.

Prescription Was Lawful

Prosecutors must prove the drugs you distributed were obtained illegally – such as through fraud, theft, or deception. If you can show you acquired the medications lawfully with a valid prescription, it defeats the charge. For example, if you gave your spouse some of your lawfully prescribed pain pills. Make sure you have the original prescription and pharmacy records.

You Have a Valid Prescription

Similarly, if the drugs were prescribed to you, that’s a defense. Let’s say police catch you with multiple oxycodone bottles with your name on them. If you have a legitimate prescription for that medication and quantity, there’s no crime. Having a valid prescription is a complete defense against drug distribution if you only possessed what was prescribed to you.

You’re a Licensed Distributor

Pharmacies, drug companies, and other licensed distributors can legally possess and distribute prescription medications. Acting within the scope of your valid professional license is a defense. Just make sure your license covers the specific drugs at issue.

You Lacked Control

To be guilty of drug distribution, you must have intentionally controlled and possessed the substances. If you can show you did not actually control the drugs, you may avoid liability. For example, if someone secretly put drugs in your backpack without your knowledge. However, lack of control is difficult to establish if drugs were found in your home or vehicle.

Violation of Your Rights

If police violated your constitutional rights, any evidence they obtained may be suppressed. For example, forced confessions or improper interrogations violate the Fifth Amendment right against self-incrimination. Evidence gained through such unconstitutional means is often inadmissible.

Insufficient Evidence

The prosecution must prove their case beyond a reasonable doubt. If the evidence is weak or contradictory, you may be acquitted. For example, if the testimony of witnesses is implausible or they lack credibility. Or if the police work was sloppy. Without solid proof, the charges should fail. An experienced criminal lawyer can identify holes in the prosecution’s case.

Jury Nullification

Jury nullification is when a jury returns a “not guilty” verdict despite evidence of guilt because they believe the law is unjust or wrongly applied. It’s rare but could happen in prescription drug cases jurors view as overreaching. Juries have power to acquit based on conscience, which provides a check on unfair laws.

Minimal Role

If your role was minor, such as just driving a distributor to a deal, you may have a defense. Prosecutors often charge everyone involved in drug rings. But if you played a truly minimal role and had little knowledge or control of the drugs, you may avoid conviction. Be honest with your lawyer about what happened.

Withdrawal/Addiction

Addiction and withdrawal sometimes drive illegal distribution as people desperately try to feed their habit and avoid getting sick. While not a full defense, courts may show leniency if addiction played a major role. Treatment may be ordered instead of jail time. Be open about your situation and willingness to get help.

Mental Incapacity

Mental disorders like schizophrenia that make you unable to understand the nature or consequences of your actions are a defense. Extreme intoxication may also qualify. A psychological evaluation can determine if you met the legal definition of insanity. Overall, mental incapacity defenses are hard to succeed with but possible.

As you can see, there are many avenues of defense against prescription drug charges. Don’t assume that you have no options. With an experienced criminal defense lawyer, you may be able to get charges reduced or dismissed. The key is developing an effective strategy and gathering persuasive evidence. Don’t give up hope – fight the charges aggressively.

References

– US Department of Justice on entrapment.
– Cornell Law School overview of jury nullification.
– Nolo on lack of intent as a defense.
– FindLaw on prescription drug distribution laws and penalties.