Building a Stafford County Prescription Drug Defense
If you are building a Stafford County prescription drug defense, it can be critical to have a distinguished and determined drug attorney by your side. Prescription drug cases are strongly pursued in Stafford County. For that reason alone, having a strong defense counselor and case before heading to court can be critical for your future.
Severity of a Prescription Drug Charge
Prescription drug cases are treated seriously by the courts because prescription drug use and abuse is a big problem in Stafford County. It is something that has had a negative effect on workplaces, families, and individuals.
The system is very much adhering at this moment towards detecting, prosecuting and incarcerating people who are guilty of these crimes. There is also some focus on treatment and trying to get people help but, in most cases, that is in the context if someone has already been convicted.
Common Issues With Prescription Drug Offenses
The main difference in prescription drug cases is there are circumstances where the individual can legally and validly possess the drug they are facing charges for. There is no valid possession of methamphetamine, PCP, or cocaine in Virginia.
However, a person can legally possess Hydrocodone, Percocet, Methadone, Suboxone, or even other kinds of lower schedule drugs such as Benzodiazepines. Whenever someone is in possession of those, law enforcement may try to find out where they came from and whether there is an associated valid prescription. They will likely seek a valid excuse for the possession of those drugs.
Defending Drug Cases Involving Medication
When building a Stafford County prescription drug defense, there are many ways an attorney can help. They may try to attack and challenge the Commonwealth’s evidence by arguing that it is not sufficient or persuasive enough to prove their case beyond a reasonable doubt. An individual and their lawyer can look for any violations of a defendant’s constitutional rights, which may have occurred. If someone was illegally detained or illegally searched and that detention or that search resulted in incriminating evidence the attorney may be able to suppress that evidence. Suppressible statements also include any situation where someone makes statements to police that are harmful to their case without hearing a proper Miranda warning.
What is an Affirmative Defense?
An affirmative defense option is available for prescription drug cases that may not be applicable in others. This defense is done by an attorney acknowledging that the government has proved everything they were required to yet the accused has a valid prescription for the medication they were accused of illegally holding. This defense could likely excuse any criminal liability related to the possession of the drug.
Importance of Hiring an Attorney Early
When building a Stafford County prescription drug defense, individuals should recognize the severity of the charge against them. They have to take it seriously by involving an attorney early on in the planning of their defense. There are a lot of misconceptions about where someone can legally possess a drug such as someone using an old prescription or a prescription for family or friends. Convictions for possession or distribution of a drug can lead to serious consequences legally and at home.