Contra Costa County Prescription Drug Crimes Defense Attorney

Many people believe the war on drugs is waged in America’s streets, but the reality is that prescription drug crimes constitute a significant percentage of illicit activity. Prosecutors may charge an individual with a number of offenses, including for actions which the defendant did not know are illegal. Having skilled legal counsel is important to protecting your rights and presenting a compelling defense.

The penalties for prescription drug crimes are serious and they could affect your life for years to come. But a criminal charge is not the same as a conviction, and you do have options. Find out how The Law Offices of Johnson & Johnson serves clients in Contra Costa County and throughout California.

Common Prescription Drug Offenses

Prescription medications are controlled substances, and their misuse can cause serious injury and death. For this reason the state takes prescription drug crimes seriously and has enacted laws to prohibit various activities. Among these are:

Unlawful possession: Having a controlled substance without a valid prescription is illegal. This prohibition applies to numerous drugs such as painkillers, antidepressants, and anti-anxiety medications.
Felony possession: This category of crimes often applies to individuals who have become addicted to a medication but their doctor refuses to write another prescription. They “shop” various Contra Costa County doctors to try to get additional prescriptions.
Possession with intent to sell: As a general rule, only pharmacists are permitted to dispense prescription medications to patients. If an individual has prescription drugs they intend to sell to unauthorized users, they could face a felony charge.
Fraud, forgery, and alteration: Some defendants engage in various forms of fraud, such as forging legitimate prescriptions, altering the information in those prescriptions, or presenting counterfeit prescriptions to pharmacists. This can result in felony charges.
Illegally prescribing medications: Pharmacists can also be held criminally liable for prescribing medications. For instance, the patient may be a drug addict, or the individual receiving the prescription was never treated for anything to begin with.

What Are the Penalties For Prescription Drug Crimes?

Drug crimes are charged as felonies or misdemeanors, depending on the unique circumstances of the case and which section of the California Health and Safety Code was allegedly violated. If you have been charged with a crime in Contra Costa County, you should know that a conviction may result in:

Jail time: Misdemeanor convictions lead to prison sentences of up to one year. But a felony conviction can in some cases land a person in jail for several years.
Fines: Although fines can be as low as $1,000 for misdemeanors, felonies are treated more seriously. Fines may reach into the tens of thousands of dollars depending on the facts of the case.
Probation: The court may also place a defendant on probation for several years. Failing to abide by the terms of your probation, such as meeting with your officer, could land you in jail.
Community service: The judge could order you to perform community service in or around Contra Costa County. Depending on your job and other circumstances, this could be a major inconvenience.
Drug counseling and treatment: It’s also not unusual for judges to mandate drug counseling and treatment programs. These may be imposed as alternatives to harsher penalties.
Loss of license: Prescription drug crimes can involve pharmacists. The State Board of Pharmacy may suspend or revoke a pharmacist’s license, depriving them of the ability to earn a living.
Other consequences: A conviction could seriously impact your career, your housing, your education, and your reputation. You may find it difficult to recover with a criminal record that will stay with you for years.

Possible Defenses to Prescription Drug Crimes

Although being arrested is certainly a distressing situation, bear in mind that the burden of proof rests with the prosecution. To win a conviction, the state must prove the charges against you beyond a reasonable doubt. Working with a Contra Costa County prescription drug crime defense attorney, you may be able to raise such defenses as:

The prosecution failed to prove the elements of the offense: Each prescription drug crime has certain elements, all of which the prosecution has the burden of proving. If the prosecution cannot meet this high bar, then the court cannot convict the defendant.
Lack of evidence: Similarly, if the state does not have evidence related to an element, then your attorney can challenge the prosecution. The evidence may also be weak, for instance due to unreliable witness testimony.
Illegally obtained evidence: Police officers have to follow certain protocols in gathering evidence, like obtaining a search warrant. Your Contra Costa County criminal defense attorney can ask the judge to suppress evidence that the police obtained illegally.
Lack of probable cause: Police must also have probable cause to conduct a search and seizure of evidence related to prescription drug crimes. Lacking this could be damaging to the state’s case and may even support a dismissal of the charges.
Lack of intent or knowledge: Prescription drug crimes generally require that the defendant have some knowledge of a crime or the intent to commit a crime. If, for example, the defendant did not know they possessed a prescription drug, the state’s case may collapse.
A valid prescription: Sometimes police officers make a mistake in assuming that a prescription is invalid, fraudulent, or counterfeit. If the defendant can prove that they had a valid prescription, or at least believed they did, this could be a powerful rebuttal to the state’s case.

Contact Our Contra Costa County Prescription Drug Crimes Defense Attorney

At The Law Offices of Johnson & Johnson, we are committed to seeking the best possible outcome for any prescription drug criminal charges against you. Where possible, we can ask the court to dismiss charges and suppress evidence, or we may be able to work out a plea bargain with the prosecution. Get started on your defense today by calling us or completing our online contact form.

Frequently Asked Questions About Prescription Drug Crimes

Is a plea bargain possible?

Plea bargains are always a possibility, depending on the facts of your case. This will require a personalized strategy and understanding of California’s drug laws. If you are a first-time offender and the circumstances are relatively minor, your Contra Costa County defense attorney may be able to negotiate a plea deal with the prosecution.

What is the drug diversion program?

California’s pretrial diversion program is an alternative to prison, and it may be available for relatively minor crimes like illegal possession of a prescription drug. If you successfully complete the program the state will dismiss your charges. Ask your attorney if this is an option for your case.

What are the most commonly abused prescription drugs?

A prescription drug crime can involve any controlled substance, but certain ones are more likely than others to be the subject of criminal charges. For example, opioids (e.g. morphine and oxycodone), stimulants (e.g. Adderall), sedatives and anti-anxiety medications (e.g. Xanax, Valium, and antidepressants), and steroids (e.g. Anavar) are commonly abused medications.

Prescription Drug Crimes

Common Prescription Drug Offenses

Unlawful possession: Having a controlled substance without a valid prescription is illegal. This prohibition applies to numerous drugs such as painkillers, antidepressants, and anti-anxiety medications.
Felony possession: This category of crimes often applies to individuals who have become addicted to a medication but their doctor refuses to write another prescription. They “shop” various Contra Costa County doctors to try to get additional prescriptions.
Possession with intent to sell: As a general rule, only pharmacists are permitted to dispense prescription medications to patients. If an individual has prescription drugs they intend to sell to unauthorized users, they could face a felony charge.
Fraud, forgery, and alteration: Some defendants engage in various forms of fraud, such as forging legitimate prescriptions, altering the information in those prescriptions, or presenting counterfeit prescriptions to pharmacists. This can result in felony charges.
Illegally prescribing medications: Pharmacists can also be held criminally liable for prescribing medications. For instance, the patient may be a drug addict, or the individual receiving the prescription was never treated for anything to begin with.

What Are the Penalties For Prescription Drug Crimes?

Jail time: Misdemeanor convictions lead to prison sentences of up to one year. But a felony conviction can in some cases land a person in jail for several years.
Fines: Although fines can be as low as $1,000 for misdemeanors, felonies are treated more seriously. Fines may reach into the tens of thousands of dollars depending on the facts of the case.
Probation: The court may also place a defendant on probation for several years. Failing to abide by the terms of your probation, such as meeting with your officer, could land you in jail.
Community service: The judge could order you to perform community service in or around Contra Costa County. Depending on your job and other circumstances, this could be a major inconvenience.
Drug counseling and treatment: It’s also not unusual for judges to mandate drug counseling and treatment programs. These may be imposed as alternatives to harsher penalties.
Loss of license: Prescription drug crimes can involve pharmacists. The State Board of Pharmacy may suspend or revoke a pharmacist’s license, depriving them of the ability to earn a living.
Other consequences: A conviction could seriously impact your career, your housing, your education, and your reputation. You may find it difficult to recover with a criminal record that will stay with you for years.

Possible Defenses to Prescription Drug Crimes

The prosecution failed to prove the elements of the offense: Each prescription drug crime has certain elements, all of which the prosecution has the burden of proving. If the prosecution cannot meet this high bar, then the court cannot convict the defendant.
Lack of evidence: Similarly, if the state does not have evidence related to an element, then your attorney can challenge the prosecution. The evidence may also be weak, for instance due to unreliable witness testimony.
Illegally obtained evidence: Police officers have to follow certain protocols in gathering evidence, like obtaining a search warrant. Your Contra Costa County criminal defense attorney can ask the judge to suppress evidence that the police obtained illegally.
Lack of probable cause: Police must also have probable cause to conduct a search and seizure of evidence related to prescription drug crimes. Lacking this could be damaging to the state’s case and may even support a dismissal of the charges.
Lack of intent or knowledge: Prescription drug crimes generally require that the defendant have some knowledge of a crime or the intent to commit a crime. If, for example, the defendant did not know they possessed a prescription drug, the state’s case may collapse.
A valid prescription: Sometimes police officers make a mistake in assuming that a prescription is invalid, fraudulent, or counterfeit. If the defendant can prove that they had a valid prescription, or at least believed they did, this could be a powerful rebuttal to the state’s case.