Prescription drug offenses are serious. Not only do they have criminal consequences, but they can also impact your reputation. If you have been charged with a prescription drug offense, speak with an Oakland prescription drug lawyer. An experienced drug attorney could devote the time and resources necessary to pursue a solid defense for you.
Prescription drug offenses fall into two categories. The first is unlawful possession of a prescription drug, which by the wording means somebody who possesses a prescription drug, but at that moment does not have a lawful prescription to have that drug.
The second category is possession of prescription drugs with the intent to sell or actual sale of prescription drugs. In most instances, it does not matter whether a person does or does not have a prescription for the drugs that they have in a person if they intend to sell it or are actually selling it. They would be charged with a felony.
Of those two categories, the more serious are charges of possession with the intent to sell or actual sales of narcotics, because those are felonies. Being charged with unlawful possession of prescription drug is a misdemeanor. An Oakland prescription drug lawyer could help an individual build a defense against the charge.
Prescription drug charges may be a priority to Oakland law enforcement. From time to time, the police department engages in undercover or sting operations in which they are targeting someone that they suspect is unlawfully selling prescription drugs either because of the observations of the law enforcement or information that is conveyed to them by confidential informants. Those confidential informants may be somebody who purchased prescription drugs from someone and then tells the police about it.
The police would arrange to have that person go back and purchase some more. After the sale was done, the police would move in, arrest the seller, and charge a person with sales of prescription drugs. When that information is brought to their attention by observations that they made or by a confidential informant conveying it to them, they would aggressively pursue arresting and charging people suspected of selling prescription drugs.
A person could be arrested and maybe even charged by the prosecution for having prescription drugs if they do not have the prescription on them. However, if the person possessed a prescription that was valid at the time of the arrest, their Oakland prescription drug lawyer could present it as satisfactory proof to the prosecution or the district attorney’s office that the possession was lawful, even though the prescription was not on them at the time. Those charges would most likely be dismissed. If somebody could not satisfactorily prove that they have or had a valid prescription for drugs they had in a person at the time they were arrested, that case would most likely be filed and that person would be prosecuted.
Oakland courts treat prescription drug cases in different ways. Drug cases have some options that non-drug cases do not have. The primary one is referred to as Drug Court. Most people charged with drug charges may be able to enter the drug court program. That is a collaborative program between the courts, third-party treatment providers, and the defendant. If the defendant successfully completes the program and successfully completes the treatment program, the charges would be dismissed and the arrest sealed and destroyed. There would not be a conviction on the person’s record. People with drug charges have an option, in most instances, other than filing cases in court and going to trial to avail themselves primarily out of the drug court or to participate in a similar drug diversion program.
The prosecution must prove that the drug is a prescription drug and was unlawfully possessed. They do that through testing or expert witness testimony because there are instances, however rare, in which someone is arrested and charged with possession of a suspected prescription drug that later is determined to not be a prescription drug at all. It is referred to as bunk or placebo that is not a prescription drug and not unlawful to possess. The evidence in any prescription drug case is going to be proof that the drug or the item is a prescription drug. Other forms of evidence that may come into play include:
The penalties for a prescription drug offense can be severe and majorly impact your life, but they do not have to. A dedicated criminal defense attorney could work diligently to mitigate the penalties that you face. If you want to know more, call today and schedule a 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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