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.

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Legal Scenario: What Would You Do?

Scenario

After a car accident in Brooklyn, paramedics found a bottle of Oxycontin in your glove compartment that was prescribed to your elderly mother, who you were driving to a doctor's appointment. The police arrested you for criminal possession of a controlled substance, even though you explained the pills belonged to your mother.

Can I be charged with Oxycontin possession in New York if the prescription belongs to a family member I was caring for?

Attorney's Answer

Under New York Penal Law § 220.09, criminal possession of a controlled substance in the fourth degree includes possessing a narcotic drug like Oxycontin without a valid prescription in your name, which is a Class C felony carrying up to 15 years in prison. The fact that the prescription belonged to your mother does not provide a legal defense, because New York law requires that you personally hold the valid prescription for the controlled substance in your possession. However, an experienced Brooklyn defense attorney can challenge the prosecution's case by arguing lack of knowing possession, questioning the legality of the search, or negotiating for a diversion program under New York's drug court system. Given the severity of Schedule II drug charges, it is critical to have legal counsel review the specific circumstances of your stop and arrest to identify every available defense.

This is general information only. Contact us for advice specific to your situation.

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.

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