With the alarming rise in prescription drug crimes, states have tightened their laws on possession and distribution, and North Carolina is no exception. Individuals charged with these crimes face the grim prospect of jail time, hefty fines, and a permanent criminal record, underscoring the seriousness of the situation.
If you’re facing a prescription drug charge, such as possession, distribution, doctor-shopping, or fraud, you’ll benefit from working with an experienced criminal defense attorney. Attorney Joel Hancock of Hancock Law Firm is prepared to provide an effective legal defense. He will work tirelessly to pursue the best outcome possible in your case. Hancock Law Firm has the resources and skills to provide an aggressive legal defense.
Illegal Possession of Prescription Drugs
It’s illegal to possess a controlled substance, including the possession of prescription medication without a valid prescription. The penalties for possession of prescribed substances depend on the type and amount of the substance. Similarly to the federal government, North Carolina classifies controlled substances into different categories, or schedules, based on how addictive the controlled substances are.
For example, Schedule I drugs are considered the most dangerous, and possession of these drugs is usually considered a Class I felony charge. Possession of Schedule II, III, and IV controlled substances are generally considered Class 1 misdemeanor charges, with some exceptions being considered Class 1 felonies. Illegally possessing schedule V and VI drugs can result in Class 2 and 3 misdemeanor charges, respectively.
Carrying Prescription Drugs without a Bottle
Yes, in North Carolina, it is illegal to possess a controlled substance without a valid prescription. If you’re carrying prescription medication outside of the original container it came in and a law enforcement officer pulls you over, you could be arrested. However, a conviction of carrying prescription medication without the bottle is unlikely as long as you can prove you have a valid prescription from a medical professional.
Manufacturing or Distributing Prescription Drugs
It is illegal to “manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver, a controlled substance” according to N.C.G.S. § 90-95. The penalties for selling prescription medication are much more severe than those for simple possession of a controlled substance. Law enforcement officers have become more diligent in tracking down offenders.
The manufacture of Schedule I and II controlled substances is usually classified as a Class H felony. The sale of them is a Class G felony. Manufacturing Schedule III, IV, V, and VI controlled substances is considered a Class I felony. The sale of these substances is considered a Class H felony.
Prescription Drug Fraud
Prescription drugs can be obtained through illegitimate means, resulting in criminal charges. Obtaining prescription medication through illegal means falls into the category of drug fraud. “Doctor shopping” is a frequent offense and involves people visiting more than one doctor in an attempt to obtain multiple prescriptions for a drug, such as for pain relievers.
Changing a prescription or forging a prescription are also considered drug fraud offenses. Impersonating a physician in an attempt to obtain a prescription is also illegal. Prosecutors will frequently pair these offenses with other types of drug charges, such as drug possession or trafficking.
DWI Charges Related to Prescription Drugs
Many different types of prescription drugs have serious side effects, including drowsiness. These prescriptions should include a warning about the dangers of operating a motor vehicle while under the influence. If a driver is found to be impaired by a prescription medication they’re taking, they can face charges for driving while under the influence (DWI). The penalties for a DWI depend on the “level” of the offense. The DWI level depends on mitigating and aggravating factors. During sentencing, a defendant’s criminal history and previous DWI convictions will also be considered. The controlled substance being a legally prescribed drug can be a mitigating factor, but even the most lenient DWI levels carry harsh penalties that can negatively affect a person’s life.
Defenses to Prescription Drug Charges
Prescription drug charges usually carry significant jail time and heavy fines for those who are convicted. If convicted, you’ll also have a criminal drug record that can hinder future job opportunities. A criminal record can affect your ability to secure employment, housing, and financial aid. Hiring an attorney is a meaningful way to protect yourself if you’re facing drug fraud charges.
If you’re facing charges for drug possession, you may be able to show you were not in actual or constructive possession of the drugs. Maybe they were your roommates, and you didn’t exercise any control over them. Your attorney may be able to prove you were overcharged with a felony because the prescription medication was improperly weighed. When the chain of custody of the evidence becomes disrupted, defendants can petition the court to dismiss the evidence.
If you’re facing charges of drug fraud, you may be able to prove you were arrested because of a misunderstanding. As with all criminal charges, defendants facing drug charges may be able to demonstrate evidence against them should be dismissed because it was gathered in violation of their constitutional rights.
For example, suppose a police officer searched your home without a warrant and found prescription medication without a prescription. In that case, you may have that evidence against you successfully dismissed. Similarly, if a police officer pulled you over without reasonable suspicion you committed or were committing a crime, you could face charges. Hancock Law Firm will work to find the most effective legal defense strategy for your case and immediately begin negotiating on your behalf.
Contact a Criminal Defense Attorney in North Carolina
If you’ve been accused of a prescription drug crime, your freedom and future may be at stake. Taking immediate action by contacting a skilled criminal defense attorney can be a crucial step in your defense. Don’t hesitate to contact Hancock Law Firm to schedule a complimentary, no-obligation case evaluation and take control of your situation.