Proving a Prescription Drug Offense in DC

The DC courts view prescription drug distribution cases very seriously. With regard to the personal possession, the possession of small amount of prescription drugs without a valid prescription is similar to possession of cocaine. The possession of a small amount of cocaine is a misdemeanor.

First-time offenders may get the benefit of the doubt for prescription drugs. Conversely, someone with a long history of drug possession convictions or someone alleged to be involved in the distribution of prescription drugs is looked at very harshly by a judge. With that said, having an experienced prescription drug lawyer represent you in court is very important to your case. If you have a DC prescription drug case in court coming up, it should be a priority to contact an attorney. Our team of lawyers will defend on your behalf and fight for a positive outcome.

Common Forms of Evidence

In prescription drug cases, key pieces of evidence are:

• The existence or lack of a prescription
• Where the drugs were found
• How the drugs were packaged
• Any statements the person made about the drugs
• Whether a drug test was performed
• Whether drugs were found in the person’s system

That evidence comes into play when determining whether or not that person knowingly possessed the drugs and the nature of intent of the possession. For example, when an individual is charged with the possession with the intent to distribute some drug, in this particular case a prescription drug, a common defense is challenging the person’s intent to distribute. The attorney can show that the defendant’s intent was to use the drugs only for himself, thus avoiding a felony conviction for intent to distribute.

The defendant may have a drug test at lock-up in court the next day after being arrested and be completely clean of any prescription drug in their system. They may claim they are using the prescription drug, not selling it, but the lack of the drug in their system could be evidence that the government would pursue with the fact finder, meaning the judge or the jury. If the drug was for personal use, why was it not in their system? Therefore, they were not using it for themselves; rather they were distributing it to others.

Common Issues With Prescription Drug Offenses

Two common issues that tend to come up are proper identification of the drug and whether or not the person knowingly possessed the drug. Determining the proper identification of the drug is crucial to the case because it determines the charge. Secondly, if the defendant was drugged or forced to take the drug, they should not be charged.

Contact Us Today

Drug offenses are extremely serious and should not be taken lightly. Our team of attorneys will fight and advocate on your behalf.