Can Prescription Drugs Lead to a Felony Charge in Florida?

Just because prescription medication can be legally prescribed by a doctor does not mean that the possession of a prescription drug won’t result in criminal charges. As the top drug crimes attorneys in Clearwater, the team at The Law Offices of Marc N. Pelletier has seen how misuse or improper possession has caused law enforcement to charge  individuals with felony offenses. That being said, taking time to understand the circumstances that can lead to criminal prosecution is very important for anyone who takes, or even has access to, prescription drugs.

Common Scenarios Leading to Felony Charges in Prescription Drug Cases

Possession of a Substance Without a Valid Prescription

In Florida, possessing a controlled substance that was not prescribed to you is illegal. Even if the drug was originally prescribed to someone else or was given to you by a friend or family member, even just having it in your possession can lead to felony drug charges.

Forging or Altering a Prescription

Altering a legitimate prescription or creating a fake one to obtain medication is a criminal offense. Prescription fraud is taken seriously in Florida courtrooms, and it can result in felony charges, along with potential penalties like fines, jail time, and a permanent criminal record, especially without representation from a leading drug defense attorney in Clearwater with The Law Offices of Marc N. Pelletier. 

Going Doctor Shopping

“Doctor shopping” is when an individual visits multiple doctors in an attempt to get additional prescriptions for the same drug. This is typically done without disclosing previous prescriptions and is considered a felony form of prescription fraud.

Having Possession of a Substance With the Intent to Either Sell or Distribute

If you are found with a large quantity of prescription pills, or the manner of possession indicates that you may be distributing the pills, (like having multiple bottles or baggies) the prosecution could then argue that you had the intention to sell the drugs. Having any intent to distribute, whether or not you actually did, can significantly increase the severity of your charge, and the penalties that may be imposed. 

Driving Under the Influence of Prescription Drugs

One piece of misinformation that the drug crimes attorneys in Clearwater with The Law Offices of Marc N. Pelletier see often involves a DUI due to consuming a lawfully prescribed prescription medication. Many people do not realize that DUI laws apply to prescription medications. If a drug that is legally prescribed to you impairs your ability to drive safely, you can still be charged with driving under the influence, the same as you would with alcohol or a drug that is simply illegal.

Legal Defenses

Valid Prescription Defense

One of the most straightforward defenses in a prescription drug case is presenting current proof of a valid prescription from a licensed medical provider. If you can provide the proper evidence that you had legal, current access to the medication, this can potentially lead to the dismissal or reduction of charges brought against you.

Unlawful Search and Seizure

If law enforcement obtained the prescription drugs through an illegal search, because they had no search warrant and cannot demonstrate a well-established exception to the warrant requirement, the evidence may be thrown out of court. This can significantly weaken the prosecution’s case and may result in the dismissal of charges.

Lack of Knowledge

In some cases, a person may unknowingly be in possession of a prescription drug. For example, if someone borrowed a vehicle where the drug had been left behind, they might not be aware of its presence. In situations like this, lack of knowledge may be a viable defense that challenges the intent required for a conviction.

If You Don’t Know What to Do, Speak With an Experienced Defense Attorney

If you or someone you know is facing a prescription drug-related felony charge in Florida, the best step to take is to consult with an experienced defense attorney. At The Law Offices of Marc N. Pelletier, we have the combined decades of knowledge to understand the ins and outs of drug laws, and we are committed to excellence with each case we take.

Facing a prescription drug charge and don’t know what to do? Request a free case consultation with one of our Clearwater drug defense attorneys or call today at (727) 493-9386.