This is the next post in my series on defending against Austin, Texas charges which involve drugs or other controlled substances. My last article discussed challenging warrants which are based on the word of confidential informants. It is important to understand that evidence obtained from such warrants can be ruled inadmissible if it is shown that the informant was unreliable. Such cases involve complicated legal issues and it is important that you retain an experienced criminal defense lawyer to assist you. In this article I will discuss the handling of matters which involve prescription pills. If you or a loved one have been arrested then contact my office today to schedule an initial consultation.
Many people make the mistake of thinking that it is not a “big deal” to be arrested with pills or other prescription drugs. This belief comes from the mistaken logic that something cannot be seen as serious if doctors are able to prescribe it. Growing social acceptance of marijuana has also led to a belief that drug offenses, in general, are not a serious matter. The truth, however, is that prescription pills receive much of the blame for America’s current opioid epidemic. As a result, prosecutors will aggressively pursue charges in cases that involve Morphine, Xanax, Adderall, and other prescription medications that are sometimes abused. Defendants are sometimes surprised to learn the gravity of their situation. Depending on the medication, possession of even a small amount of pills without a valid prescription can be a felony offense. Obtaining prescription medication using a forged prescription is also a serious offense.
It is important to understand that you have options if you have been arrested with pills or another prescription substance. I wrote previously on how search and seizure issues impact drug cases. If the police violated your Fourth Amendment rights, and pills were found as a result of the violation, then it may be possible to have the drugs excluded from all court proceedings. If you are only charged with possession then excluding the drugs can result in the charges being dismissed. Even if evidence cannot be suppressed on Fourth Amendment grounds, it will still be the prosecution’s burden to prove that you knowingly possessed the drugs and that you did not have a valid prescription.
It is crucial that you contact an Austin prescription drug lawyer if you have been arrested with pills. A conviction can result in a permanent criminal record, possible jail time, and the potential loss of professional licenses. I have been licensed since 1995 and am board certified by the Texas Board of Legal Specialization as a specialist in criminal law. Contact my office today to speak with an attorney. Our firm also serves the cities of Rollingwood, Round Rock, Elgin, Jonestown, Manor, Bee Cave, Lago Vista, Sunset Valley, Lakeway, Creedmoor, Georgetown, Cedar Park, Leander, and San Marcos, Texas.