Annapolis Prescription Drug Lawyer
Prescription drug offenses are considered incredibly serious in Annapolis. Previously, there was a lack of understanding about prescription medications and the abuse of prescription medications. Now, as law enforcement begins to understand how much prescription drug abuse occurs, the crackdown on these kinds of cases are becoming significant.
Police officers have a much easier time recognizing when someone is under the influence of a drug that is not commonly or was not previously known to them, and are becoming well-trained in identifying varying types of prescription drugs as well. If you have been charged with a crime involving prescription drugs, it is crucial that you contact an attorney immediately. A knowledgeable Annapolis prescription drug lawyer will be able to gather all necessary evidence and build a strong case to help reduce or dismiss any penalties you may be facing.
Possession of Prescribed Drugs
An individual can be charged with being in possession of prescription drugs if they do not have a prescription on them because an officer may have probable cause and believe that an individual is in unlawful possession of prescription drugs. Law enforcement does not have to prove that a crime is actually occurring when they make an arrest. That element does not have to be proven until the case goes to court.
If the person is ultimately able to produce a prescription that was valid at the time of the arrest for the drug that they were in possession of, usually those charges against that person will be dismissed.
Prescription drug cases are treated as seriously as any other case, especially now with the additional knowledge that police officers, prosecutors, and judges gained about the dangers of taking prescription medications irresponsibly. A seasoned Annapolis prescription drug lawyer will be able to best determine the specifics of an individual’s case, and establish a solid defense to help fight the charge.
The evidence in prescription drug cases and other drug cases are similar. The main elements that a defense attorney and the prosecutors will try to prove include how the drugs were found, if they were found lawfully, and if the person’s rights were violated when the drugs were found. More specifically, in terms of the proof, the only real difference that a prosecutor has in proving a criminal case that involves prescription medications is that the person who is in possession of the prescription medication did not have a valid prescription for them.
The major differences in prescription drug cases and other drug cases occur during the sentencing phase. It is equally important for an Annapolis prescription drug lawyer to have experience painting a picture for the court of how one might have been in possession if they were found to have been illegally in possession of prescription medications. For example, this could happen if the client was prescribed a certain medication and then became addicted to it.
These kinds of things can be extremely important in assisting a judge in understanding how to develop a fair and reasonable punishment. This could potentially put a person that is convicted of possession of prescription drugs in a position where they may actually be able to have the criminal charges expunged from their records.
One of the most important aspects of defending a prescription drug case will be making sure how a person is found in possession of a drug is properly addressed and evaluated. Most of the time, drugs are found in a pocket, a bag, a car, or in a home.
Under the Fourth Amendment of the Constitution, a person cannot be unlawfully searched or have items seized from them without a valid warrant. There are other circumstances in which the police do not need a warrant. An Annapolis prescription drug lawyer will be able to identify those issues for their client to potentially have those pieces of evidence suppressed from the case altogether.
Importance of an Attorney
These kinds of charges are criminal offenses just like other drug offenses. They have either the same or more serious penalties than other drug-related offenses. It is important for an individual to have an Annapolis prescription drug lawyer by their side that understands the constitutional issues associated with the charge, and knows the temperaments of the judge that might be presiding over the case.