Strong Defense Tactics by a San Jose Criminal Defense Attorney
Many people believe they can only be arrested for illegal drugs or narcotics that are considered some of the most dangerous and addictive drugs. That is not the case—even prescription drugs can lead to a criminal conviction. While there are many drugs that have reached wide acceptance for medical use, these drugs are only legal when the individuals using or possessing them have valid prescriptions from physicians. Besides possession, other criminal offenses that can involve prescription drugs include possession with intent to sell, selling, transporting and manufacturing, among others.
According to U.S. Office of National Drug Control Policy, prescription drug abuse is the fastest-growing drug problem in the United States. The Centers for Disease Control and Prevention (CDC) has even labeled it an epidemic. One study—the Monitoring the Future study cited by the Office of National Drug Control Policy—showed that prescriptions drugs are the second-most abused type of drug among young people, following marijuana. Medications used for anxiety and similar disorders (such as Xanax) and strong pain medications (such Vicodin and OxyContin) are just a few of the types of prescription drugs that are commonly abused in the United States. In certain situations, individuals are accused of performing prescription fraud, which involves using intentional misrepresentation or deceit in order to obtain a prescription for a drug.
If you live in the San Jose area and accused of any a crime related to prescription drugs, you should immediately seek the help of a qualified legal professional. My name is Edward N. Ajlouny, and I am a San Jose criminal defense attorney who is ready to guide you through the criminal justice process and help you improve your chances of a favorable outcome.
Penalties for Illegal Prescription Drug Use in California
The type of penalty an individual receives for a drug crime involving prescription drugs will likely depend on the type of drug, the drug amount, the type of activities being carried out in relation to the drug and the offender’s previous criminal record. Individuals who have previously been convicted of drug crimes can be subject to harsher sentencing. Here are just a few of the types of penalties that can potentially result:
- Jail time
- Prison time
- Drug diversion programs
In some cases, is it is possible to get probation and a drug diversion program in place of jail or prison time. In other cases, the defendant is able to avoid any type of conviction or sentencing. There are certain defenses that can be used in cases that involve illegal use of prescription drugs, as well as in cases for other types of drugs. It might be possible to show that the defendant was not aware that the drugs were in his or her possession—such as if another person placed drugs in the individual’s car or on his or her property. Or, it might be possible to show that there is not enough evidence present to convict the individual beyond a reasonable doubt. In cases in which the drugs were obtained through an illegal search and seizure by law enforcement, the charges can usually be dropped. When I take on your case, I can help you determine which defense strategy best meets your particular needs.
Working with a Former Prosecutor and Experienced San Jose Prescription Drugs Defense Attorney
Not only have I spent nearly two decades providing defense for those accused of crimes, but I have also spent time working as a prosecutor. This experience allows me to view my clients’ cases from multiple perspectives and to better anticipate the moves of the opposing side. I offer my clients free consultations and affordable rates for legal representation, so don’t hesitate to contact me today!