Stopping the sale and distribution of prescription drugs is a priority for Alameda County. The Alameda County law enforcement task force is focused on the sale of prescription drugs. For example, if someone is involved in the sale of a large quantity of prescription narcotics such as Xanax, that is going to attract the attention of law enforcement more so than simple possession of a prescription drug for personal use.
However, possession of a prescribed medication without a prescription or possessing excessive quantities of the drug could be illegal. If you are facing charges for possessing prescribed narcotics, you could benefit from an Alameda County prescription drugs lawyer. A skilled drug attorney could help defend your best interests and protect your future.
Prescription drug offenses are serious offenses in Alameda County. Some prescription drugs are regulated on the federal level and defined as controlled substances. Even if someone has a prescription, there are ways that he or she could be punished for the misappropriation of that narcotic. For instance, selling prescription drugs, driving under the influence of prescribed narcotics, or the improper administration of medication could lead to a criminal offense.
Even those who have a valid prescription could be charged. People who do not have a prescription and are in possession of medications like Xanax, Hydrocodone, or Oxycodone could be charged with simple possession or intent to distribute prescription drugs. An experienced Alameda County prescription drug attorney could investigate the incident and gather evidence to help prove a case.
A person could be arrested and charged if he or she does not have a prescription on them. However, it is probably more likely that an officer would confiscate the drugs. This would require a legal reason for an officer to search a person. The officer would issue a citation, indicating that there were some health and safety code violations for possession of these drugs without a prescription.
It is possible to present a prescription later to counter the allegation and potentially get it dismissed. It would be important to inform the officers right away that there is a valid prescription for the medication so that there is a record that this is something a person was legally in possession of.
If an Alameda County prescription drug lawyer could show proof of prescription prior to the discovery, the case could be dropped. In order for the case to be dropped, the defendant would need to prove that the prescription was issued before the arrest, the prescription matches the drug that was found, and the quantities discovered were consistent with the quantity prescribed. If those elements do not appear to be true, he or she could still be charged.
Most of the time, Alameda County courts treat prescription drug cases on the misdemeanor level, unless a large quantity distribution of prescription drugs or possession with intent to sell is involved. For first-time offenders, cases often get referred to the Drug Court or Early Intervention Court. The court and District Attorney may be on board with referring and admitting people into the collaborative court process upon presentation of a persuasive request by a defense attorney.
In prescription drug cases, the evidence that tends to be considered includes, but is not limited to, the actual prescription and when the prescribed narcotic was issued, in addition to the identification or testing of the substance. It is possible that something appeared to be a prescription medication to an officer, but after testing in a lab, it turns out to be something else.
Additional evidence includes any admissions, surveillance, or any photographic evidence of someone engaging in the illegal use of those prescription drugs such as a sale or hand-to-hand transactions. A skilled lawyer in Alameda County could help prove the defendant possessed the prescription medication before the charge.
Sometimes individuals do not realize that even though they may be in legal possession of their prescription drugs, they could still be used for an unlawful purpose and therefore possession of a prescription does not always lead to dismissal of a prescription drug case.
For example in driving under the influence cases, someone may be legally taking his or her prescription drugs as prescribed, but there may warnings against mixing with alcohol and possible side effects that the prescribed party ignores or disregards – this can lead to a DUI arrest if the combination of prescriptions drugs and alcohol led to a DUI investigation. This could potentially be a valid arrest and charge for use of a prescribed drug in a lawful manner; however, a seasoned prescription drug attorney could help the prescribed individual mount a defense to the DUI.
It is important to retain an experienced drug lawyer due to the ramifications that can happen if you are convicted of a narcotics offense. A criminal defense attorney could try and prevent charges from being filed, request a reduction of felony charges to misdemeanor charges, or seek a dismissal if there is a valid legal or factual defense to the alleged offense. Consult with an Alameda County prescription drugs lawyer who could review the evidence, identify any legal or factual insufficiencies, and advise you accordingly. Call today.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
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Successful Immigration-Safe Resentencing
Case Dismissed after Completion of Deferred Entry of Judgment
Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
