Prescription Pills Without Script.

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Can You Be Charged for Prescription Pills Without a Prescription?

Yes. Possession of prescription pills without a script constitutes an illegal act, and it can lead to serious criminal liability.

As discussed on our Frequently Asked Questions page, possession of prescription pills is only the beginning of an evaluation. In order to determine your criminal exposure, you must look at the other factors involved as well: your conduct, the proof of your conduct, the jurisdiction involved, and the available defenses.

What is the federal penalty for possession of prescription pills without a prescription?

In general, the federal penalty for possession of prescription pills without a prescription depends on prior convictions and certain drug-specific provisions, not generally the amount possessed. Prescription pills that can result in criminal charges include:

• Alprazolam
• Fentanyl
• Lorazepam
• Oxycodone
• Opioid-Based Prescription Pain Medication
• Oxycontin
• Percocet
• Vicodin
• Xanax
• And others In most cases, possession without a prescription is a misdemeanor, but if you have a prior conviction, federal judges may sentence you to a term of imprisonment of up to two years.

Possession of Schedule I or II narcotics such as fentanyl or heroin can result in a prison sentence of up to one year.

What changes by jurisdiction?

The penalty for possession of controlled substances without a prescription changes from jurisdiction to jurisdiction. For example, New York state law classifies possession of controlled substances without a prescription as a criminal offense.

Seventh-degree controlled-substance possession is a Class A misdemeanor under New York Penal Law §220.03. A Class A misdemeanor carries a maximum jail sentence of 364 days, and New York Penal Law §220.03 also permits a fine of up to $1,000.

Various other offenses can carry significant penalties. For example, under New York Penal Law §220.06, various forms of fifth-degree controlled-substance possession constitute Class D felonies.

Which Alleged Conduct Makes a Prescription-Pill Case Hardest to Defend?

As with many criminal offenses, there is no single scenario that is hardest to defend. There is no single a “most difficult” set of circumstances, and there is no single right strategy for defending yourself or your business against prescription-pill charges. But generally, the harder it will be to defend your case, the more of the factors listed below you can remove from the equation.

For instance, while possession without a prescription constitutes an illegal act, intent to distribute it will almost certainly result in a charge of criminal liability. For example, in New York, possession with intent to sell can be charged without the prosecution proving that a sale actually occurred. This means that even if you never sold any of the prescription pills in your possession, you could still be charged with a crime. Similarly, in Arizona, A.R.S. §13-3406 covers the act of knowing unauthorized possession, use, administration, procurement, transport, sale, or transfer of a prescription-only drug.

In Texas, drug possession with intent to sell, manufacture, or transport can result in criminal charges that are far more severe than drug possession charges alone. This is especially true for prescription drug cases, as these offenses can be classified as felonies. This means that if you are facing drug charges in Texas, it is important to talk to a lawyer as soon as possible.

Prescription pill cases can also be accompanied by allegations that the defendant committed federal crimes such as:

• Conspiracy
• Forgery
• Mail Fraud
• Wire Fraud
• RICO (Racketeer Influenced and Corrupt Organizations Act)

For example, if you are facing allegations of prescription drug forgery, this may be based on using a stolen prescription pad, altering a valid prescription, using a doctor’s identity without permission, or other forms of forgery.

How Do Online Purchases and Social Media Affect a Prescription-Drug Case?

Buying and selling prescription pills is one of the most common areas that present additional criminal allegations. With the internet and social media platforms making it easier to find sellers and buyers, law enforcement agencies are increasingly focused on these crimes. Purchases made through online pharmacies or sales conducted on social media sites can expose you to additional criminal liability in some cases. If you are facing allegations in a prescription drug case, it is important to work closely with a lawyer to identify all relevant factors in your case and develop a custom legal defense strategy.

How Can Prosecutors Prove Control of Pills in a Shared Car, Home, or Room?

In many cases, possession of prescription pills does not require the drugs to be physically on the defendant’s person. In New York, for example, the concept of “constructive possession” may apply in cases involving the joint ownership of a home, apartment, vehicle, or other personal property. In these cases, prosecution for constructive possession of controlled substances does not necessarily require the prosecution to prove that the substances were physically on the person (though, as the New York Penal Law Code states, the prosecution can seek to prove physical possession as well). Generally, a showing of constructive possession requires proof that the defendant had dominion and control over the location in which the controlled substances were found.

However, in New York, the law goes a step further in certain circumstances. New York Penal Law §220.25 provides that the presence of a controlled substance in an automobile is presumptive evidence of knowing possession by each person in the automobile, and that the presence of certain controlled substances in open view in a nonpublic room, under circumstances showing an intent to prepare them for sale, is presumptive evidence of knowing possession by persons in close proximity. This is known as a “rebuttable presumption.” This means the prosecution does not need to prove that the defendant had dominion and control over the substances in order to satisfy this element. Instead, the defendant must seek to rebut this presumption in order to avoid criminal liability.

How Can the Search Be Challenged?

In all cases involving illegally possessed prescription pills, the search of the car, room, or home that uncovered the drugs must be lawful. Law enforcement agents must strictly adhere to constitutional protections, and, to extent applicable, statutory protections, which includes Fourth Amendment protections against unreasonable search and seizure. If you are facing charges for possessing prescription pills without a script, you should work with a highly experienced criminal defense attorney to determine whether the search of your property was lawful. If the evidence was obtained as the result of an unlawful search, this can be a powerful tool in your case.

How Does a Traffic Stop Affect Your Case?

Even if police officers conduct a lawful traffic stop, this does not necessarily authorize the search of your vehicle for prescription pills. To conduct a lawful warrantless search for prescription drugs following a traffic stop, officers generally need probable cause or another recognized exception to the warrant requirement. If this criterion is not met, any evidence the officers obtain during the search may be inadmissible in court.

But, like many other aspects of a prescription drug case, these search issues can be complex. If you are facing allegations of possessing prescription pills without a script, you should work closely with a criminal defense attorney to identify any potential issues with the search and seizure of any drugs in your vehicle or other property.

What Should You Do Following an Arrest?

If you have been arrested for illegal possession of prescription pills, you should do the following immediately:

• Remain silent until your lawyer advises otherwise.
• Request counsel.
• Do not sign any documents without your lawyer present.
• Do not agree to speak with law enforcement personnel without your attorney present.
• Do not attempt to negotiate or provide information.
• Do not share information regarding the incident with friends, family members, or anyone else.

What New York Diversion and Post-Conviction Consequences Should a Defendant Weigh?

In addition to challenging the allegations themselves, some New York defendants in prescription-pill cases may be candidates for diversion programs. The available options vary greatly depending on the charges involved, but for many New York defendants, diversion presents a possible alternative to pursuing a full defense of the charges on a set of facts that is less than compelling.

Eligible felony drug defendants may seek judicial diversion under New York Criminal Procedure Law (CPL) Article 216. Also, local New York drug courts may operate misdemeanor diversion programs. These programs are typically focused on rehabilitation and are generally, but not always, aimed at treating addiction to illegal drugs or prescription pain pills. Most diversion programs last between twelve to eighteen months. Successful completion of a program can lead to the charges being dismissed. However, if you have a violent felony conviction from within ten years, you may not be eligible to seek diversion under CPL Article 216.

Regardless of how a prescription-drug case is resolved, defendants need to carefully weigh post-conviction consequences of their conviction. For example, if you are convicted of illegally possessing prescription drugs in New York, a felony conviction of this kind can carry significant consequences that will affect your rights, liberties, and overall quality of life. If you are convicted of a felony offense such as possession with intent to sell, you could lose your right to own firearms, your eligibility for public benefits, and your ability to work in some professions and industries.

If you are facing any of these types of charges in New York, it is essential to work with an experienced defense attorney. Our New York lawyers can talk with you about the potential consequences and provide you with advice. Your lawyer should also be able to assess the possibility of diverting the charges, if the criminal charges involved warrant a diverted drug case.

If You Want Someone to Look at Your Case

Reading about a charge is not the same as having someone read your file. Spodek Law Group keeps an attorney on call around the clock, and the first consultation costs nothing and runs as long as your questions do. The number is 888 348 8028.