Bethesda Prescription Drug Lawyer
Prescription drug offenses are as serious as any other drug offense in Bethesda when it comes to possession charges. Possession of a drug related to a prescription is no different in terms of the maximum penalties or the kind of charge than a non-prescription drug such as cocaine, heroin, LSD, or methamphetamine. Therefore, someone should hire an experienced drug lawyer in the expectation that these charges will be prosecuted vigorously by the state attorney. To get started building your defense, call and schedule a consultation with a Bethesda prescription drug lawyer today.
Prescription Drug Laws
Prescription drug charges are not necessarily a priority but Bethesda law enforcement is more aware of them. Prescription drug issues were not as big a problem 10 years ago as they are today because more people now have access to prescription drugs.
There are more kinds of prescriptions and more generic brands of prescriptions available. There are more prescription medications on the black market being sold unlawfully. The issue of prescription drugs being affiliated with crime is a higher priority to law enforcement in Bethesda than they were previously.
Bethesda courts treat prescription drug cases with the same level of seriousness that they treat other drug-related issues.
A person can be arrested for having prescription drugs if they do not have the prescription on them. However, it is not difficult to resolve this in the court system by showing the prescription for the medication they had on their person when they were charged.
Even though they did not have the prescription at the time they had the drug on their person, they can lawfully justify it being in the person’s possession at some point in the future.
When someone is lawfully in possession of a prescription medication, that can be a defense in court to testify or bring in evidence that they were not unlawfully in possession of that controlled substance.
Consideration of Evidence
The types of evidence that come into play are the drugs and how the officer discovered them. An officer may find the controlled dangerous substances on the person, in their vehicle, home, or even in their pocket.
Where they find the drug is most important because when a person is not lawfully in possession of them, the state has the burden of proof to show that the person was in possession of the drug in a way that was unlawful.
Drug Offense Issues
One issue with prescription drug offenses in Bethesda is that people have an affirmative defense available to them when they are in possession of that drug. This might not happen in regular drug-related cases.
In most circumstances, when someone is in possession of a controlled dangerous substance in Bethesda, there may be a defense to have the charges dismissed. If the person has a lawful prescription for the drug, that is a great defense when they can produce the prescription.
Someone who is not in possession of the drug lawfully is not permitted to possess it. That defense is never available for somebody who is in possession of heroin or cocaine because there is never a lawful basis to possess those kinds of controlled substances.
An experienced Bethesda drug lawyer is important to retain in all cases but especially in these cases. The state must properly demonstrate that the drugs they seized can be used as evidence in a courtroom by way of the Fourth Amendment procedure for seizing the drugs. The first step is determining whether the prosecution can use those drugs in the Bethesda criminal court system. If they were seized unlawfully, the state cannot use the evidence and the defense can declare victory.
Defending Prescription Drug Cases
A Bethesda drug attorney can defend against these charges by identifying the constitutional issues that exist and potentially have the charges dismissed based on those violations.
Prescription drug cases in Bethesda are serious and Bethesda officers are trained to identify these drugs by what the drugs look like and their size and shape. This cracks down on Bethesda prescription drug-related offenses that people often do not think are as bad as other kinds of drug offenses.
Bethesda prescription drug charges carry a significant amount of jail time. The possibilities with respect to how these cases could be prosecuted in Bethesda are endless. It is important that a person take these charges seriously and retain an attorney with experience handling these types of cases to have the best opportunity to be successful in the court.