Oxycodone Offenses

Oxycodone Offenses: What You Need to Know

Oxycodone is a powerful prescription painkiller that has been increasingly abused and illegally distributed in recent years. If you have been charged with an oxycodone-related offense, you likely have a lot of questions about what comes next. As your defense attorney, I want to provide as much information as possible to help you understand the charges against you and start building the strongest defense strategy.

Let’s start with the basics. Oxycodone is an opioid medication used to treat moderate to severe pain. It can be highly addictive, which is why it is a controlled substance. The most common oxycodone medications are OxyContin, Percocet, and Percodan. It has similar effects to heroin or morphine when misused.

Common Defenses in Oxycodone Cases

There are several legal defenses we may use to fight your oxycodone charges:

Lack of Criminal Intent: For any criminal charge, the prosecution must prove you intended to commit the crime. If, for example, someone secretly placed oxycodone in your bag without your knowledge, you lacked criminal intent.

Invalid Traffic Stop or Search: If police violated your 4th Amendment rights by stopping or searching you without valid legal justification, any evidence found may be excluded.

Not Enough Evidence: The burden of proof is on the prosecution to present solid evidence you actually possessed or sold oxycodone. Weaknesses in their case could lead to dismissed charges.

Prescription Defense: If you had a valid prescription but police claim the amount was excessive, we can argue you took the medication as directed by your doctor.

Entrapment: Undercover cops cannot coerce or manipulate you into committing a crime you wouldn’t normally commit. This is entrapment.

Necessity Defense: In rare cases, criminal acts may be excused by necessity – such as taking oxycodone to relieve unbearable pain after an injury when no other help was available.

Mental Health Issues: Your mental state due to conditions like PTSD, depression, or anxiety could provide grounds for alternative sentencing options.

Not all defenses apply in every case. As your lawyer, I will determine if any could bolster our position after thoroughly examining the facts. My goal is to get charges reduced or dismissed completely. But if we must go trial, I am fully prepared to challenge the prosecution’s case.

What to Expect: Legal Process & Potential Penalties

If you’ve been arrested for an oxycodone crime, here is a basic overview of what to expect next:

Arrest & Booking: Police take you into custody, fingerprint/photograph you, confiscate personal items, and place you in a holding cell awaiting bail.

Charges Filed: The district attorney’s office reviews police reports then files formal criminal charges against you. A judge sets bail terms based on public safety risk and flight risk.

First Appearance: At your arraignment hearing, charges are read and you enter a “not guilty” plea. The judge addresses bail terms and a pre-trial release agreement is created.

Pre-Trial Motions: As your lawyer, I will file motions asking the judge to throw out evidence, dismiss charges, or reduce bail terms. I will also request discovery evidence from the prosecution.

Plea Bargaining: Many oxycodone cases end with a negotiated plea deal for lesser charges and/or lighter sentencing. But sometimes we must take the case trial.

Trial: You have the right to a speedy jury trial. The prosecution must prove guilt “beyond reasonable doubt” to convict. As your lawyer, I will vigorously question their witnesses and evidence.

Sentencing: If found guilty after trial, the judge determines penalties based on state mandatory minimums and sentencing guidelines for drug crimes. Fines, probation, rehab, community service, or years in prison are possibilities.

The criminal justice system can feel overwhelming when your freedom is at stake. As an experienced drug crimes attorney, I guide clients through every step, fighting for the most favorable outcome in their case.

While penalties vary case-by-case, some potential sentences for oxycodone offenses in our state include:

• Possession without a prescription (personal use amount): Up to 1 year in jail + fines up to $5,000
• Possession with intent to distribute: 3-10 years prison + fines up to $100,000
• Trafficking (large amounts): 10+ years to life in prison + fines up to $1 million
• Prescription fraud: 2-10 years prison + fines up to $150,000

Other factors like your criminal history can enhance sentencing. My goal as your defense lawyer is to avoid mandatory minimum sentences through plea negotiations or trial strategies.

Next Steps After an Oxycodone Arrest

If you or a loved one is facing oxycodone charges, taking immediate action is critical. Here are important steps to take:

1. Remain Silent

Never speak about your case with anyone but your defense attorney. Information you share, even casually with friends or cellmates, could damage your case.

2. Hire an Experienced Lawyer

Oxycodone crimes require an aggressive defense lawyer intimately familiar with these complex cases. Choose counsel wisely – your future depends on it.

3. Follow Bail Terms

Make all court appearances on-time and obey bail release terms (like drug testing). Missed court dates or bail violations lead to jail time.

4. Seek Counseling

Entering rehab shows the court you take the charges seriously and are addressing any addiction issues.

5. Begin Gathering Evidence

Provide your lawyer names of witnesses, gather medical records, and document unusual circumstances about your arrest. This evidence could bolster your defense.

I know you likely feel scared and overwhelmed right now. But with an experienced criminal defense lawyer guiding you, we can build an effective defense to seek the best possible outcome in your case.

If you or someone you love is facing oxycodone charges, please call my office today to schedule a free case evaluation. I will answer all your questions, discuss defense options, and start building a winning strategy. With effective legal representation, we can challenge these charges together.