Crime related to prescription drugs is one of the fastest growing areas in law enforcement. As with other controlled substances, the law allows for a person to be charged with possession or trafficking. The latter involves the storage, transportation, or distribution of a large volume of prescription drugs.
Penalties for prescription drug trafficking in Florida are outrageously severe. Law enforcement and prosecutors have turned a legitimate public health concern into one more way of trying to keep up their arrest and conviction rates. They will look for any excuse to charge someone with trafficking rather than illegal possession because they know it makes for a better case in front of a jury.
If you have been arrested for any crime regarding prescription drugs, your first call should be to an attorney. Indeed, any contact you have with police regarding this issue should be followed up with a call to a criminal defense lawyer.
You should make no statement until your lawyer arrives. The authorities have devised a great many tricks to get people who have been arrested on a prescription drug crime to turn in evidence against themselves. You have a Fifth Amendment right to remain silent, and you should exercise it.
When your lawyer arrives, they will advise you on the questions you have to answer and will counsel you on how to answer them. You may be in a mental and emotional state that makes it impossible for you to think clearly. If that is the case, then your lawyer will be able to speak on your behalf.
William Hanlon Tampa criminal lawyer can provide you with the legal counsel you need during this difficult and perilous time. Your lawyer will sit down with you and have you recount your side of the story. This will form the basis for your legal defense strategy.
Over the last few years, law enforcement has become overzealous in how they deal with this crime. Instead of focusing their energies on large and well-organized criminal enterprises that traffic prescription drugs they devote much of their time and attention to individuals who have either made an error in getting their prescription filled or who have become hopelessly addicted to prescription meds.
If you have been arrested for this crime, there are a number of defenses available to you. One of the most common methods used by defense attorneys—and it may be applicable in your case—is to challenge the legality of the police investigation itself.
There have been cases in which a pharmacist sees that a prescription is fraudulent and immediately calls the police. The police tell the pharmacist to fill out the prescription and then go immediately to the scene to monitor the person who received it. That person is then arrested for presenting a fraudulent prescription and trafficking in a controlled substance.
The main problem here is that the pharmacist has broken the law by knowingly filling out a fraudulent prescription. They can be arrested and charged for such a crime even if they committed it at the behest of the police. The police have also broken the law by soliciting the pharmacist to carry out an illegal act. This kind of sting operation is on shaky grounds legally; and if your arrest was the result of a similar sequence of actions, your attorney can point out the improprieties and illegalities carried out by the arresting officers.
The bottom line is you can challenge this kind of charge. You need not to resign yourself to a long prison sentence and a hefty fine. Your lawyer will gather all the facts of the case and bring to bear the relevant parts of the law to help you fight back.