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Many people rely on prescription medication at one point or another to treat an illness or reduce symptoms. However, the misuse of these highly controlled substances is a crime. Sometimes, people are charged with this crime even when they genuinely misunderstood the law or were unaware that they illegally possessed a controlled substance.
In these cases, the guidance of a Denver prescription drug lawyer is crucial. Whether the charges resulted from a mistake or otherwise, a skilled drug defense attorney could help you fight those charges or work to have them dismissed.
Unauthorized possession of prescription drugs is a serious offense, regardless of whether someone with a valid prescription gave you the medication. State and federal law strictly regulate the use of these drugs, and the consequences of possession without a prescription can be significant.
Possessing a small amount may lead to misdemeanor charges, depending on the type of medication. However, someone could face felony charges if found in possession of large quantities of prescription drugs or if there is evidence that they intended to distribute them to others. The potential penalties following a conviction include:
The impact of a conviction may continue to affect you long after the case ends. Working with a prescription drug attorney in Denver could give you the best possible chance of avoiding these penalties.
In Colorado, a person can be charged with illegal possession of prescription drugs even if they do not have the medication physically on their person. If the drugs are found directly in a person’s control, such as in their hand or their pocket, the law classifies this as actual possession, but this is not the only form of possession that can lead to charges.
Constructive possession applies when the drugs are in a place an individual has access to or control over, such as their car, their home, or a locker. If they knowingly keep or have access to medication that was not prescribed to them, prosecutors can still pursue criminal charges. This is true whether there was an intention of using those drugs or not. A skilled Denver attorney could examine the details of your alleged prescription drug possession and identify a suitable defense strategy.
There are various strategies a Denver lawyer may use to defend you against prescription drug charges, depending on the facts of your case. These include the following.
Some of these cases arise from honest mistakes, including those made by potentially overzealous police officers. If you can show you had a valid prescription for the drug in your possession but could not prove it at the time of your arrest, your lawyer could have your case dismissed.
Your attorney may also be able to have your case dismissed if your rights were violated. Alternatively, they may be able to have the results of an illegal search or seizure excluded from trial. This is because the state cannot use illegally obtained evidence against you.
The state has to prove beyond a reasonable doubt that you illegally possessed prescription drugs. In some cases, it cannot meet this burden. Your lawyer could highlight the weaknesses of the case against you, arguing that there is not enough for a conviction even if a court accepts all of the evidence as accurate.
While facing drug charges can feel like a hopeless situation, you have the right to fight back. With the support of a former prosecutor and Denver prescription drug lawyer from Petrash Law, you could defend yourself and your rights with confidence. Reach out today to start building your defense and protect your future.