Prescription Drug Crimes in Florida: Defending Against False Accusations
Prescription drug crimes have become a growing concern in Florida, with individuals facing harsh consequences for false accusations.
At The Rickman Law Firm, we understand the complexities surrounding prescription drug cases and are committed to providing strong, aggressive defense strategies to protect your rights. If you have been falsely charged with a prescription drug crime in Florida, you deserve the knowledge and protection from one of our drug defense attorneys.
Types of Prescription Drug Offenses in Florida
Prescription drugs are highly regulated at both the federal and state level, and these substances are categorized using the same schedule system and charges as some illegal narcotics. If you are facing false accusations concerning prescription drugs, you need to immediately reach out to a highly-skilled Tampa drug defense lawyer with The Rickman Law Firm to help get protection and strong defense from possible severe consequences.
The types of charges according to Florida Statutes Section 499.03 associated with prescription drugs include unlawful possession or possession with intent to sell, distribute, manufacture, or traffic.
Unlawful possession occurs when an individual is in possession of a prescription substance without valid, updated prescriptions from a licensed pharmacist or practitioner. In Florida, unlawful possession punishment depends on the scheduling and quantity of the substance, as well as any death or serious injury associated, and any prior criminal history. You could potentially face imprisonment, between 60 days, and up to a 30-year sentence. Additionally, you could face fines of up to $10,000.
Possession with intent to sell, distribute, manufacture, or traffic is considered a third-degree felony at least, which is punishable by an imprisonment sentence of five years and a fine of, at minimum, $5,000. Like unlawful possession, the consequences can become more severe depending on the scheduling and quantity of the substance, and any other relevant factors in the case, charge, or the defendant’s history.
Defending Against Prescription Drug Offenses in Florida
Your Tampa drug defense lawyer with The Rickman Law Firm will consider many factors of the charge, the evidence, and any other outstanding factors, such as your criminal history, if any, to construct an effective, strong defense strategy. Some strategies may include:
Invalid Prescription Defense
One common defense strategy involves challenging the validity of the prescription. Your attorney will thoroughly investigate whether the prescription was forged, altered, or obtained through fraudulent means. We will scrutinize the medical records, consult with experts, and gather evidence to demonstrate that you had a genuine prescription or were unaware of its illegitimacy.
We will then meticulously review the prescription to determine if it was forged, altered, or obtained through fraudulent means. By uncovering any inconsistencies or irregularities, we can cast doubt on the prosecution’s claims that you knowingly engaged in illegal activity. Our goal is to build a strong defense that proves your innocence or lack of intent to commit a crime.
Lack of Knowledge or Intent
Proving your lack of knowledge or intent is a critical aspect of successfully defending against prescription drug crime charges. Possession charges need to include knowledge of the presence of drugs, without a shadow of a doubt from the jury and judge. If there is a degree of doubt that you did not know the illegitimacy or invalidity of prescription drugs, then your defense strategy will be strengthened greatly.
Your attorney will delve into the circumstances surrounding your case, carefully examining how you obtained the drugs, your awareness of their illegality, and any potential entrapment scenarios. They will gather evidence to show that you had no knowledge that the drugs were obtained illegally or that you had no intention of using them unlawfully.
Unlawful Search and Seizure
The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures. If the evidence against you was obtained through an illegal search or seizure, it may be possible to have it suppressed, making it inadmissible in court. This defense strategy can significantly weaken the prosecution’s case.
Your Tampa drug defense attorney with The Rickman Law Firm will meticulously analyze the actions of law enforcement officers involved in your case, ensuring that they adhered to the constitutional safeguards. If we identify any violations, such as a lack of probable cause or a warrant, we will file motions to suppress the evidence obtained unlawfully. By leveraging these violations, we can strengthen your defense and potentially have the charges dismissed.
Insufficient Evidence
In any criminal case, the burden of proof rests with the prosecution, who must prove your guilt beyond a reasonable doubt. When defending against prescription drug crime charges, we will closely examine the evidence against you. Your attorney will scrutinize the chain of custody, laboratory procedures, and any potential mishandling of evidence.
By meticulously reviewing the evidence, we will identify any weaknesses, inconsistencies, or gaps that may cast doubt on its reliability. We will challenge the prosecution’s ability to establish a clear link between you and the alleged crime. Our goal is to create reasonable doubt in the minds of the judge or jury, increasing the likelihood of a favorable outcome for you.
The Rickman Law Firm Will Protect Your Rights and Defend Your Justice
If you or a loved one is facing false accusations related to prescription drug crimes in Florida, it is crucial to act swiftly and secure the assistance of an experienced defense attorney. At The Rickman Law Firm, we are dedicated to fighting for your rights and providing aggressive defense to help protect your justice. Don’t face these false accusations alone–contact one of our highly-skilled, aggressive drug defense attorneys in Tampa today for a strong, effective prescription drug crime defense.
The experts at The Rickman Law Firm are waiting to represent you and fight for your justice during each step of your drug crimes case, 24 hours a day, seven days a week. To have one of our attorneys reach out to you promptly, contact our office at any point by calling us at 813-999-0502 or filling out our consultation form.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.