When it comes to drug crimes, most people often think of illegal substances such as cocaine, meth, ecstasy, and even marijuana. However, prescription drug fraud occurs in every state and community throughout the country.
Prescription medications are highly addictive, causing otherwise honest, hard-working individuals to become caught up in illegal activity trying to obtain these substances. Due to the epidemic of illegal prescription drug use, Nevada and other states have extremely punitive laws which severely punish those who are caught without a prescription.
If you were recently arrested and charged with a prescription drug crime, it is imperative to obtain legal counsel from an experienced criminal defense attorney.
The following are the common defenses used to fight against prescription drug charges:
- Unwitting possession – This defense can be used when a person has actual possession of a prescription drug, but did not actually know that their possession was illegal. A person needs to know that they are in possession of the drug illegally.
- Lack of possession – This means that the person did not have constructive control over the prescription medication. While the foundation of any prescription drug charge is actual physical control, it may be difficult to determine if the defendant shared possession or occupation of an area with a group of other people.
- Illegal search and seizure – According to the Fourth Amendment, police officers are prohibited from searching anyone’s home without a warrant. Furthermore, it also forbids law enforcement from searching a vehicle without probable cause. Any evidence or prescription drugs obtained without a warrant or probable cause can be suppressed in court, perhaps ultimately dismissing your case.
Contact the Law Office of David R. Fischer and schedule a free consultation with our Las Vegas criminal defense lawyer today.