Any drug charge is a priority in Dublin, especially when it comes to transportation, distribution, and manufacturing of illegal drugs, or the illegal distribution of prescription drugs. While being charged with illegal possession of prescription medication may not be serious as a charge of distribution, it could easily escalate if you have a prior conviction on your record.
If you have been accused of possession a medication you do not have a prescription for, you could benefit from speaking with an experienced criminal attorney. A Dublin prescription drugs lawyer could review your case and explain all the options available to you.
Prescription-drug offenses can have varying levels of severity, ranging from misdemeanor to felony offenses. Misdemeanor offenses tend to be for simple possession of prescription drugs, while felony offenses apply to illegally selling or distributing prescription medication. Felony prescription drug crimes sometimes can be reduced to misdemeanor, depending on the quantity of the substance and how vast the distribution plan was.
Simple possession, or personal-use crimes, tend to have resolutions more of a collaborative nature. Rather than seeking harsh punishment for those crimes, people are often referred over to a drug court so they can seek and receive help for substance-abuse.
Associated penalties could be increased if there is a prior conviction on a person’s record. Therefore, it is imperative to speak with a prescription drug attorney in Dublin to discuss how to minimize these potential penalties.
If a person is found to be in possession of a small quantity of a prescription drug, the officer who is in contact with that person may issue a citation for the offense. Then the individual will have the opportunity to present a valid prescription if he or she has one.
If it is a large volume or there are indications of sales, for instance maybe the prescription drugs are separated into small baggies for ease of distribution, it is probable that the prescription may not necessarily be lawfully possessed. Another indicator is when the label is torn off the bottle. In these cases, it is likely the individual will be brought into custody.
Often, the manner in which prescription drugs are possessed, their quantity, how they are packaged, and whether a prescription is readily available, such as a prescription prior to the incident date, is considered as evidence. It is not a helpful or valid prescription for purposes of the defense if it was received after the incident date. The prescription needed to be in effect prior to the date of contact.
Some of the things that law enforcement and the district attorney look at includes whether the prescription drugs are separated into small Ziploc baggies, and if there is an amount that exceeded standard personal use. If a prescription label on the bottle says that there is a limited number of refills or a limited number of pills that should be in that container, and it exceeds that amount, that is something the district attorney would consider. A Dublin lawyer experienced with prescription drug cases could develop strong defenses against these allegations.
It is possible that drug charges can be brought prior to the prescription being produced. Other times, it is important that if somebody is cited, for the person to contact an attorney in Dublin who could work with pre-charging with the DA’s office to produce a valid prescription and prevent those charges from being filed. If charges are filed, however, and a valid prescription is produced, the matter will likely be dismissed so long that the surrounding circumstances also support that the prescription was lawfully obtained and the controlled substance was lawfully possessed.
There are also post-conviction remedies available to somebody who has a charge that did not result in a conviction. A criminal-defense attorney could help guide a person through sealing that arrest or sealing the charge from the criminal record, possibly even advocating for a motion for factual innocence.
It is important that you retain an experienced drug attorney right away because there are harsh ramifications in the event of a conviction. Even though there are valid reasons to possess prescription drugs, they are still controlled substances, so the manner in which they are possessed, and the quantity can affect the penalties imposed in the case. A Dublin prescription drug lawyer could potentially prevent charges from being filed, request reduction of felony charges to misdemeanor charges, and possibly seek a dismissal if there is a valid defense to the prescription-drug crime. Call today to schedule your free initial case consultation.
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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Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
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
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
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