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How to Fight Your Prescription Drug Charges

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The penalties for prescription drug crimes vary based upon the severity of charges and the specific crimes alleged. But, as a general rule, if you have been accused of a prescription drug crime, you can expect to face severe punishment – including steep fines and jail time – if you go to trial without an experienced defense lawyer by your side.

The good news is, with the right legal representation, there are numerous potential defenses to prescription drug charges. To find out which defenses apply to your unique set of circumstances, we invite you to schedule a free, confidential case evaluation with one of our experienced attorneys.

Prescription Drug Crimes

In addition to crimes that apply to all types of drugs, there are a number of crimes that are specific to prescription medications. Some of the most-commonly charged prescription drug crimes include:

  • Driving under the influence of prescription medications
  • Ordering prescriptions from foreign countries online
  • Pharmacy burglary
  • Selling illegal prescriptions
  • Violations of laws regarding medical treatment

Read more about the various types of prescription drug crimes.

Possible Defenses to Prescription Drug Crimes

As mentioned above, there are numerous potential defenses that an experienced attorney can use to help you fight your prescription drug charges. Some of these defenses include:

  • The police arrested you without “probable cause”
  • The government obtained evidence against you through an illegal search or seizure
  • The police failed to read you your Miranda rights prior to questioning
  • Use of unreliable testimony from a confidential informant
  • You were not aware of your involvement in a prescription drug trafficking operation

Read more details about these defenses to prescription drug crimes.

In addition, the Texas Penal Code and the criminal codes in most other states provide a variety of specific defenses to allegations of prescription drug crimes and other offenses. For example, Chapter 8 of the Texas Penal Code includes the following:

  • Insanity – The insanity defense applies if, “as a result of severe mental disease or defect, [you] did not know that [your] conduct was wrong.”
  • Mistake of Fact – If you mistakenly believed that the facts leading to your arrest did not give rise to a criminal violation, this could preclude the criminal intent necessary for certain offenses.
  • Mistake of Law – The “mistake of law” defense is limited, but does apply in certain circumstances.
  • Intoxication – Intoxication by means of a prescription drug or any other substance can be a partial defense to the commission of a crime.
  • Duress – The duress defense applies for felony offenses involving compulsion “by threat of imminent death or serious bodily injury to [you] or another,” and in non-felony cases involving compulsion “by force or threat of force.”
  • Entrapment – Entrapment is a defense in situations where law enforcement agents use persuasion or other means to cause the commission of a prescription drug crime.

Contact Oberheiden, P.C. about Your Prescription Drug Crime Charges

If you have been charged with a prescription drug crime, the experienced criminal defense attorneys and former prosecutors at Oberheiden, P.C. can help you. To find out how, submit our online case evaluation form or call (800) 701-7249 today.

Orange County 714-294-2000
Los Angeles 310-873-8140
Detroit 313-888-8807
Nationwide 888-452-2503