Prescription drugs, although considered a controlled substance, are not your typical street drugs. Even though certain controlled substances are safe and have legal and therapeutic uses, possessing them without a valid prescription can be a felony.
-Possession of Prescription Drug Charge
If you are in possession of a prescription drug and don’t have a valid prescription in your own name to show a police officer, you may be charged with this crime.
Common prescription drugs include: Demerol, Dilaudid, Hydrocodone, Vicodin, OxyContin, Methadone, Xanax, and Valium.
If you are found with any of the above drugs on your possession, you could face serious criminal penalties. Also, because this crime can be a felony if the prescription drug is a narcotic, such as Vicodin, you could also lose the right to vote, own a firearm, or other serious life consequences.
-Possession of Prescription Drug Penalties
If you are found in possession of a Schedule 1 or Schedule 2 drug, such as OxyContin or Dilaudid, you could be faced with the following penalties:
- Possession of 1,000 grams or more is a felony and can result in a life sentence.
- Possession between 450 – 1000 grams is a 30-year felony.
- Possession between 50 – 450 grams is a 20-year felony.
- Possession of less than 50 grams is a 4-year felony.
-Possession of Prescription Drug Defense
Defending your prescription drug charge will typically focus on whether or not the police properly gathered the evidence they plan to use in prosecuting the case against you. Evidence obtained by the police in violation of your 4th Amendment rights against unreasonable search and seizures, no matter how persuasive, will not be admissible in court and will most likely result in your case being dismissed.
For example, if the police don’t obtain a search warrant in the proper way the search of you or your belongings will be invalid. Or if the police lack probable cause to search you in the first place, the search will also be considered illegal.
For this reason, it is imperative that you contact the Law Office of Barton W. Morris, Jr., for an immediate consultation to find out more about your Michigan Possession of a Controlled Substance without a Prescription charge. Barton W. Morris, Jr., is dedicated to researching and understanding the subtle nuances of prescription drug charges and takes an aggressive approach in defending each and every one of his clients.
Barton Morris is also very educated about the forensic testing of prescription drugs. He is the only attorney in Metro Detroit who has completed the American Chemical Society Solid Drug Dose Forensic Chromatography Course at Axion Labs in Chicago. With this education Barton Morris can argue additional defenses like the quality and validity of the testing of the drug. Often times the prosecution does not even bother to test the drugs instead relying on information from websites like “drugs.com” and therefore a significant defense is present that the drug is not what it appears to be. Alternatively when they do forensically test the drugs they do so in a invalid or unreliable manner. Because most attorneys never question the testing the state gets away with poor quality forensic testing. Barton Morris will never let that happen and has been able to get cases dismissed or significantly reduced on this issue alone.
Further, the prosecution must prove that the defendant had actual knowledge of what the drugs were. Therefore if some random pills they they allege to be unlawfully possessed, they have to prove that the defendant knew exactly what drugs they were.
If you have been charged with any drug crime in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600. Attorney Barton W. Morris, Jr., was recently voted Top Attorney in Metro Detroit for 2012 and 2013 Criminal Defense. Having conducted multiple dozens of jury trials gives Attorney Barton Morris, Jr., the experience necessary to effectively handle every criminal matter and persuade any jury that the prosecution cannot and has not proven their case.