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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





Building an Oakland Prescription Drug Defense

Building an Oakland prescription drug defense is difficult to do on your own, which is why it is important to seek the services of an experienced prescription drug lawyer. An intelligent attorney could leverage their experience when building an Oakland prescription drug offense for you. Call today to schedule a consultation.

Issues in Prescription Drug Cases That Differ From Other Drug Cases

One of the issues that distinguish prescription drug cases from other cases is the question of whether the person not only has or had a valid prescription at the time that they were arrested. Even if they did not, in some instances, if the person recently had a prescription that had lapsed and was not renewed, an aggressive defense attorney may be able to incorporate that when building an Oakland prescription drug offense. The defense lawyer could also prevail upon the prosecutor to dismiss the charges because it was an oversight by the defendant in renewing or having that prescription resealed.

Another issue with the prescription drug offenses is the validity of the testing involved to determine that the drug in question or the item in question actually is a prescription drug. In most instances, law enforcement looks at a pill, which may have a number on it or identifying term. They have this database that they use to verify if that marking coincides with a prescription drug.

To be convicted of a prescription drug offense, the drug has to be confirmed as a specific prescription drug. It may not be sufficient evidence that law enforcement just picked up the phone and had it confirmed. Testing may establish that it was not a prescription drug and, therefore there could not be a conviction. The defense is entitled to have the drug separately tested to determine if it is an actual prescription drug.

Defending a Prescription Drug Case

Some aspects of building an Oakland prescription drug defense that people should know include that the mere existence of a valid prescription may not be a defense for somebody charged of prescription drug offenses. If they are charged with either possession of a quantity that exceeds their prescription, or more significantly, if they are charged with possessing it with the intent to sell or are selling or trafficking the drug, the prescription would not be a defense in those circumstances.

People sometimes mistakenly assume that although they are charged with a prescription drug offense they would have the charges in a case dismissed because they have a prescription. This may not be the case. Under the facts, if they are dealing with a significantly large quantity that exceeds the parameters of the prescription or conduct such as selling it or possessing it with the intent to sell, it is never lawful, regardless of the prescription.

The Value of an Oakland Prescription Drug Attorney

It is important to obtain an experienced drug lawyer in prescription drug cases for a number of reasons. The first reason is that the more familiarity the attorney has with not just prescription drug cases, but prescription drug cases in the jurisdiction that the person is being charged with, the more insight and knowledge the attorney would have about how the prosecution would approach the case. The attorney would also know the different avenues available to the defendant that they may not have been aware of, such as any drug court or diversion options.

Experienced lawyers would also have an eye out for any evidentiary or constitutional issues or problems of the case, such that it would make sense to file a suppression motion. And if the suppression motion is granted, the case may be dismissed by the prosecution for insufficient evidence. It is helpful to have an attorney who is not only familiar with drug cases but also has experience in identifying evidentiary or legal issues and problems in a case which may often result in a case being dismissed. IF an individual has been charged with a prescription drug offense, they should consult a capable attorney that could help them start building an Oakland prescription drug defense.

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