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DAVID CLARK
Criminal Defense Attorney

Building a Bucks County Prescription Drug Defense

Bucks County treats all drug cases as narcotics cases, with the potential for serious consequences. That is whether the drugs are street-level drugs, such as cocaine, heroin, marijuana or other controlled substances that an individual would be required to have a prescription for. Should the individual who is being investigated and arrested have a small amount of any particular prescription drug, that person would be charged with knowing an intentional possession of a controlled substance. If you have been charged with a prescription drug charge, and are concerned with building a Bucks County prescription drug defense, consult an experienced drug lawyer that can help.

Lawfulness of Prescription Drugs

Just because a controlled substance is a prescription type substance. it still does not make it lawful. Courts often do not differentiate when it comes into play. However, with the right drug defense lawyer by the individual’s side, a small amount of prescription narcotics case could often be resolved in a manner that does not affect the person’s record and future.

However, some cases involve large amounts of prescription drugs or what is otherwise known as pill mills. These are locations where doctors will give prescriptions without even an examination. In those cases, charges are often seen as felony offenses and will be taken very seriously. Possessing prescription drugs with the intent to deliver can carry significant periods of time in jail, long periods of supervision, and thousands of dollars of fines. The courts treat prescription drugs and the sale of such in the same and consistent manner that they do to any other street-level drugs, which is why it is important to have an experienced drug attorney that can help with building a Bucks County prescription drug defense.

Aspects of a Prescription Drug Offense

Individuals should know that unlawfully obtaining prescriptions drugs from a person who does not have a prescription is a criminal offense. The individual who passes the drug to another person is committing a felony offense of possession with intent to deliver. While prescription drugs are sometimes taken in a lighter fashion, meaning they are not crack cocaine, cocaine, or heroin, individuals need to be aware that a scheduled controlled substance in Pennsylvania is just that.

If the controlled substance is a Schedule One through Five, and a prescription which is lawful and required, that prescription is limited to the person who has the prescription. Even if the person thinks they are doing someone a favor by providing it to them, for instance, a Tylenol with Codeine is a felony offense if the individual who receives such drug is not authorized to do so. Knowing the law and being careful not to violate it is essential when dealing with prescriptions and possession with intent to deliver versus possession cases.

Law Enforcement’s Handling of Prescription Drug Offenses

Police cannot stop an individual on a suspicion that drugs are involved; they need probable cause. Probable cause is a higher level of cause required to do a full-blown search thus, protecting the individual from random searches by police. Under these circumstances, any illegal substances, narcotics, and unlawful prescription drugs cannot be suppressed as the fruit of the police, also known as the proof of the original unlawful stop.

Thus, any evidence that is obtained in an unconstitutional fashion, such as drugs, can be taken out of the case, which is known as suppressed. Additionally, cases involving quantities, the amount that a person can possess for personal use, which is graded as a misdemeanor, versus possession with the intent to deliver, which is graded as a felony, is essential to attack at the outset.

If a prosecutor and the police can be convinced and a judge agrees that a particular amount is for personal use, the accused is no longer charged with a felony offense. Albeit, the misdemeanor still needs to be defended, the chances of incarceration and the cost of such litigation has been extremely reduced, giving the accused the biggest benefit of all in being able to dispose and fight their case at a higher level with lower consequences.

Benefit of Hiring a Bucks County Drug Lawyer

An attorney can help can begin building a Bucks County prescription drug defense by evaluating the circumstances of a particular arrest, and making a determination of what, if any, defense should be raised at the earliest possible stages. For example, probable cause and reasonable suspicion for a stop and search of a person’s body and place of abode, such as their home, business, or motor vehicle, are among the most protected constitutional rights that an individual has.

Having the right lawyer with the right resources and the ability to challenge possession with intent to deliver cases that are both constitutional and quantity grounds is essential. An individual who is the subject of a police investigation involving narcotics and prescription drugs that are held unlawfully should reach out and obtain the services of an experienced Bucks County narcotics criminal defense lawyer at the earliest possible stage.