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Prescription drug charges are becoming more common in Florida, and the consequences can be severe. Whether it’s possessing medication without a valid prescription, doctor shopping, or distributing prescription drugs, these offenses carry serious legal repercussions. Florida’s laws around controlled substances are strict, and being charged with a prescription drug crime can impact your freedom, career, and reputation. It’s important to know what actions are considered illegal, the penalties involved, and the defenses available if you’re facing these types of charges.
Common Prescription Drug Offenses in Florida
In Florida, prescription drug offenses can range from minor possession to serious trafficking charges. The laws are strict, and even a legitimate prescription can lead to trouble if misused or obtained illegally. Here are some of the most common prescription drug offenses in Florida:
- Possession Without a Valid Prescription: Having a controlled substance like OxyContin, Xanax, or Vicodin without a legitimate prescription can lead to criminal charges, even if it’s for personal use.
- Doctor Shopping: This involves visiting multiple doctors to obtain multiple prescriptions for the same or similar drugs without informing them of the other prescriptions.
- Prescription Fraud: Altering a prescription, using someone else’s prescription, or forging a doctor’s signature are all forms of prescription fraud that carry serious penalties.
- Distribution or Trafficking: Selling, distributing, or trafficking prescription drugs like opioids or stimulants can lead to severe felony charges, depending on the quantity involved.
Each of these drug offenses is taken seriously in Florida and can result in substantial fines, jail time, and a lasting criminal record.
Distinction from Other Drug Offenses
Prescription drug charges differ from other drug offenses in that they often involve medications that are legally prescribed but misused or obtained illegally. While traditional drug offenses typically involve controlled substances like cocaine, heroin, or marijuana, prescription drug offenses revolve around medications such as opioids, benzodiazepines, or stimulants. The legal aspect of prescription medications can complicate these cases, as individuals may have legitimate reasons for possessing the drugs but still face criminal charges for actions like doctor shopping, fraud, or trafficking.
Penalties for Prescription Drug Crimes
Penalties for prescription drug crimes in Florida vary depending on the type of offense, the drug involved, and the quantity. Possession of a controlled substance without a valid prescription is typically charged as a third-degree felony, carrying penalties of up to five years in prison, five years of probation, and fines up to $5,000. For more serious offenses like prescription fraud, doctor shopping, or trafficking, the penalties increase significantly.
Trafficking large quantities of prescription drugs, such as opioids or stimulants, can result in first-degree felony charges, with mandatory minimum prison sentences ranging from three to 25 years and fines as high as $500,000. Additionally, a conviction can lead to the suspension or revocation of professional licenses, making it difficult to return to work, along with a permanent criminal record that may affect future employment opportunities.
Defense Strategies for Prescription Drug Charges
Several potential defense strategies may apply when facing prescription drug charges in Florida, depending on the circumstances. Working with an experienced criminal defense attorney can help you explore the best approach for your case. Here are some common defenses:
- Valid Prescription: If you had a legal prescription for the drug at the time of your arrest, this can be used as a defense against possession charges.
- Lack of Knowledge: In some cases, a person may not have known they were in possession of a controlled substance, which can be a valid defense.
- Entrapment: If law enforcement officials pressured or coerced you into committing a prescription drug offense, the entrapment defense could be used to fight the charges.
- Illegal Search and Seizure: If the police violated your rights during the search and seizure process, any evidence obtained may be suppressed in court.
Each of these strategies requires a thorough examination of the evidence and circumstances surrounding your case to determine the most effective defense.
How We Can Help
At Van Elswyk Law, we understand the serious impact prescription drug charges can have on your life. We take the time to listen to your story and thoroughly investigate the details of your case to build a strong defense tailored to your situation. Whether you’re facing charges of possession, fraud, or trafficking, we will work tirelessly to protect your rights and pursue the best possible outcome. Contact us today to discuss your legal options.