Richmond Prescription Drug Penalties
Prescription drug offenses are serious. However, in Richmond, they are not taken more seriously than the normal drug offenses. Simple possession, drug distribution, and possession with intent to distribute are all wrapped up in a similar vein. As a result, individuals may face Richmond prescription drug penalties for any of the aforementioned charges. That is why it is important for individuals to work with capable prescription drug attorneys. An experienced legal advocate could devote the time and resources necessary to build a solid case for an individual.
Are Prescription Drug Charges a Priority for Local Law Enforcement?
Prescription drug charges are a priority for local drug enforcement, but all drug charges are a priority for local law enforcement. In Richmond, when someone is looking at prescription drug charges, they are going to see simple possession of these drugs as opposed to cases where someone is trying to obtain a prescription drug with a falsified document, like a fake prescription. If a person attempts to obtain a prescription drug with a false prescription, it is still a Class 6 felony. The most common prescription drug offenses are the illegal possession or illegal distribution or possession with intent to distribute prescription drugs, Xanax, codeine, Percocet, and things of that nature.
Defending Prescription Drug Cases
When someone is dealing with any a possession, whether it be drugs, guns, or whatever the case may be, the first thing they should look at are constitutional issues. An individual can determine if there is anything that can be suppressed or whether there are any Fourth or Fifth Amendment violations, whether there are any illegal searches and seizures, or whether there are any illegal statements that were taken that can be thrown out. A person could use constitutional issues in order to build a defense and mitigate potential Richmond prescription drug penalties.
Constructive and Actual Possession
When defending a prescription drug case, an attorney can also examine the actual code itself and what it means to possess something. The definition of possession means that someone actually had the drug in their hand, pocket, bag, or on their person. Or it could be a constructive possession case in which the person might not have had the drug physically on their person, but it was in their general area and they exercised dominion and control over the item with knowledge of what it was and the intent or the desire to actually possess the item. When it comes to prescription drugs, the element of knowledge and intent is often argued in these types of cases.
Does Having a Valid Prescription for a Drug Make a Difference?
An individual can be arrested and face Richmond prescription drug penalties, even if they have a valid prescription if they do not have the prescription on them. It all depends on whether the officer believes someone or not. If someone does not have the prescription on them or they are possessing prescription drugs in a bottle that is not a prescription bottle, then they can and probably will be arrested by local officers in reference to that prescription drug.
If they have this scheduled drug that they have a prescription for but do not have the proof on them, then at that point, what happens to them depends on what the officer wants to do. The officer can give someone the opportunity, if the officer so chooses, to let them go get the prescription, call the prescription in, or if the officer just arrests them, then it becomes a responsibility to bring that prescription to court.
If the individual brings their prescription to court, then more than likely, the case would just get dismissed right there and the commonwealth will not go through the hoops trying to convict when they ultimately will not be able to because the person has the prescription. If someone is charged with a drug offense, they should consult a qualified prescription drug attorney that could attempt to mitigate the Richmond prescription drug penalties.
