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.
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 Oxycontin 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.
If you’re convicted of possessing Oxycontin, you could face:
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.
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.
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.
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.
Todd Spodek - Nationally Recognized Criminal Attorney