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Secrets of the Texas Criminal Justice System and Your Rights
Prescription drugs offenses can carry serious penalties. Depending on the particular drug, an offense can be considered a felony. These kinds of charges are not looked at as harshly as illegal drugs such as cocaine, methamphetamine, or heroin, but are still going to be a priority for Midland law enforcement amidst high priority investigations into illegal drugs.
If you are facing charges of abusing prescription drug regulations, you will need the help of a Midland prescription drug attorney. An experienced drug lawyer will be able to help build a defense for your drug charges.
A person can be arrested for having prescription drugs when they do not have the prescription on them and when they do not have a prescription at all. When someone can show proof of the prescription, the charges may be dropped depending on the prosecutor. Most importantly, the individual, or their prescription drug lawyer in Midland, must show that the prescription was valid at the time they were charged for violating the law in Midland and not that they have a valid prescription now.
The kind of drug that someone is charged for will determine the harshness of the penalty and they vary in severity. Generally, prescription drug offenses are viewed more leniently than purely illegal drugs and as such are often probation cases.
A drug attorney in Midland may be able to prove that the person had the prescription sometime in the past, even if they cannot prove a certain one. Sometimes, bringing a doctor in to say the drug was medically necessary for the person might mitigate the charges. However, the prosecution needs to prove that the person possessed the drug and there was no prescription label on it with their name. The Midland prescription drug attorney must be able to prove the person did have a valid prescription on that specific day.
Whenever someone carries prescription drugs with them, they should make sure the drugs are in an adequately labeled bottle with the person’s prescription. Many times people put their pills in pill holders, which is fine when they are at their home. However, they should not take them to the car or keep them on their person without the appropriate prescription when they are away from home.
The one decriminalization law passed recently that individuals should be aware of is for Adderall. Adderall without a prescription is still illegal, but it is has a lesser penalty recently. It was considered to be a felony and has recently been reduced to a misdemeanor consideration and because of that, it has a lower punishment level. Individuals need to remember that marijuana has not been decriminalized in Midland, so it is still illegal.
Working with an Attorney
It is important to retain an experienced prescription drug lawyer in Midland in these cases. There could be constitutional issues an attorney can consider, making sure that the officer confiscated the drugs appropriately or had the right to even contact this person. An attorney can determine if there are any mitigating factors or other ways that to show the prosecution that the person could have the drugs or to try to minimize the punishment.
An attorney looks at the person’s medical history when defending them against these charges in Midland. They will uncover what prescriptions they are currently taking, if they could legally obtain them, if someone else in their family could show their valid prescription, etc. There are many possible defenses and investigative tactics a skilled attorney can take to protect their client’s rights in their prescription drug case.