Prescription Drug Philadelphia Lawyer
Prescription Drugs have been in the law enforcement spotlight for a number of years. Many people believe that distributing or selling their prescribed drugs is not a big deal. The opposite is true. Even selling one pill to someone constitutes Possession with Intent to Deliver.
What is Possession with Intent to Deliver?
Possession with Intent to Deliver is roughly defined as possessing any drug with the purpose of diving or selling it to another person. A person possessing one pill (or a bottle) who gives the pill or bottle to another person could be charged with Possession With Intent to Deliver. It does not matter if the person doesn’t receive any money for the drug, all that matters is that it was delivered.
Prosecutors and police don’t generally go after people who merely give a pill or bottle to another person, they go after people who are actively selling drugs. However, this can get complicated, because law enforcement has a number of different ways of defining what it means to “sell” prescription drugs.
For example, some people obtain a large amount of Prescription Drugs for their own personal use. A person may buy 60 oxycontin pills, but if police find you with them, they will consider that an amount large enough to distribute. Even though the person may only use the pills for pain management, law enforcement still considers it illegal and may choose to label the amount of pills you have as being enough to sell. Therefore, you can be charged with possession with intent to sell prescription drugs.
Philadelphia Prescription Drug Lawyer
Fighting these cases can be tough because law enforcement holds all the cards in these situations. Many of these cases involve searches that are incident to arrest where they search a person after arresting them for another crime, such as Driving Under the Influence or Shoplifting. In order to fight the possession with intent case, your attorney needs to fight the arrest for the other case and also make the argument that the pills were for personal use.
Other cases are started with an investigation and the drugs are found when a search warrant is applied. The search warrant can be challenged by an experienced attorney. If the original search warrant is invalid, then the drugs cannot be used at trial. If the drugs cannot be used, then the case is thrown out most of the time.
Philadelphia Lawyer For Prescription Drugs
The attorneys at the Law Offices of Greg Prosmushkin, P.C. have decades of experience handling prescription drug cases. Contact us today for a free consultation.
This content was written on behalf of Greg Prosmushkin.