Phone Available 24/7
904.513.3905
Menu
Free Criminal Case Review

Start Your Path To Justice Now.

Free Case Review

Prescription Drug Charges & Prescription Drug Defense Attorney in Jacksonville, FL

Prescription Drug Charges
free case review

Free Criminal Case Review

Start Your Path To Justice Now.

Many people are surprised to learn that unauthorized possession of prescription drugs can be as serious a crime as other types of drug offenses. Here’s what you need to know about Florida crimes associated with possessing, sharing and procuring prescription drugs. Of course, this is just a high-level overview. Your best next step if you’re facing prescription drug charges is to speak with a Jacksonville drug crime lawyer right away.

Overview of Prescription Drug Charges

Facing Prescription Drug Charges? You’re Not Alone

When you’re facing prescription drug charges or have been accused of prescription fraud, your best resource is an experienced Florida drug attorney. The consequences of a conviction can be serious and interacting with law enforcement or the prosecution can put your defense at risk.

At Lufrano Legal, we know the best way to protect your future is to get advice from an experienced defense lawyer immediately. That’s why we offer free consultations, and why we’re here for you 24 hours a day. To learn more about how we can help, call us today at (904) 513-3905 or fill out our contact form.

Understanding Prescription Drug Charges

Unlawful Possession of Prescription Drugs

Possession of any prescription drug that wasn’t properly obtained is a crime under Florida Statute 499.03. In addition, possession of a prescription drug that is not “properly labeled to indicate that possession is by valid prescription” is considered prima facie evidence that the possession is illegal. Violation of this statute is a misdemeanor of the second degree, unless the charge is possession with intent to sell, dispense or deliver–that’s a felony of the third degree. However, some prescription drug possession charges may be more serious.

Possession of Controlled Substances

Under Florida Statute 893.13(5), it is a crime to possess a controlled substance unless it was properly obtained from a medical practitioner–either directly or through a valid prescription. Possession is at least a felony of the third degree, but prescription drugs may also give rise to drug trafficking charges if the defendant is accused of selling, delivering, or possessing the drugs with intent to sell.

Trafficking in Prescription Drugs

Drug trafficking charges may apply to prescription drugs if those drugs are controlled substances listed or described in the statute. This includes possession with intent to sell.

What is Prescription Fraud?

Under Florida Statute 831.30, it is a crime to:

  • Falsify, alter or forge a prescription,
  • Knowingly cause a prescription to be falsified, altered, forged or counterfeited, or
  • Knowingly holds out a false or forged prescription as true

Violation of this statute is a misdemeanor of the second degree, though a second or subsequent offense after being convicted is a misdemeanor of the first degree.

However, it is important to note that this statute does not apply to controlled substances. Florida Statute 893.13(7) makes it a felony to possess prescription forms that have not been signed by the practitioner unless you are a practitioner or other authorized person. It is also a felony to procure controlled substances by fraud or forgery.

If you’ve been accused of forging a prescription or otherwise falsely procuring or attempting to procure prescription drugs, you should speak with a prescription fraud defense lawyer right away.

Consequences of Prescription Drug Charges

What’s at Stake: Potential Consequences

The consequences associated with prescription drug charges can vary significantly depending on factors such as the specific crime you are charged with, the drug in question, the quantity involved, and whether you have prior convictions. The best way to get accurate information about the stakes in your case is to talk to an experienced prescription drug attorney as soon as possible after you are charged.

The potential sentences for some common prescription drug crimes are listed below.

Prescription Fraud

  • First offense, not involving a controlled substance: up to 60 days in jail
  • Second offense not involving a controlled substance: up to 12 months in jail
  • Offense involving a controlled substance: up to 5 years in prison

Unlawful Possession of Prescription Drugs

  • Simple possession not involving a controlled substance: up to 60 days in jail
  • Possession with intent to deliver, not involving a controlled substance: up to 5 years in prison
  • Possession of a controlled substance: varies depending on the drug and quantity, ranging from up to 5 years in prison to up to 30 years in prison

There may be additional consequences that impact other areas of life, such as disqualification from certain housing, employment, licensing, and even educational assistance. The prosecution doesn’t have to tell you about these indirect consequences, but an experienced drug crime lawyer can make sure you fully understand what’s at risk before you make any decisions.

Available 24 / 7 Whenever You Need Us

Top Criminal Attorney in Jacksonville

Need an experienced criminal law firm in Jacksonville? Contact Lufrano Legal today to schedule your free initial consultation.

904.513.3905

Contact Us
Matthew Lufrano
Lawyer Matthew Lufrano
Florida board criminal trial certification badge
Super Lawyers

Defense Against Prescription Drug Charges

Your Prescription Drug Defense Options

Your options for fighting prescription drug charges will vary depending on your circumstances, the specific crime you are charged with, and any weaknesses your drug attorney can identify in your case. In some cases, a Drug Court program may allow you to avoid prosecution.

One common defense strategy in drug-related cases is to challenge the search that led to the discovery of the drugs. Often, if the drugs can be excluded at trial, the prosecution won’t have enough evidence to move forward.

How Lufrano Legal Can Help

When you hire Lufrano Legal for your prescription drug case, we will:

  • Make sure you fully understand the consequences of a conviction and the options available to you
  • Investigate your case for weaknesses and possible defenses
  • Negotiate with the prosecution
  • If it’s in your best interests, fight your case at trial

Schedule Consultation

Why Choose Lufrano Legal?

The best lawyer for drug charges is one who is fully committed to fighting for your future. Attorney Matthew Lufrano has dedicated his whole legal career to protecting people who have been charged with crimes in Florida–including taking more than 80 cases to jury trials. He’s recognized by the Florida Bar as a Certified Expert in Criminal Trial Law. And he understands how important it is that you have knowledgeable guidance right away—we’re here for you 24 hours a day.

Florida Drug Crime FAQs

As you can see, Florida drug crime law is complex. The seriousness of a drug charge depends on a variety of factors, including the substance involved, the amount, and the specific act you’re accused of. When you’re facing any drug charge, it’s in your best interest to talk with an experienced Florida drug crimes attorney right away.

Below, we’ve provided general answers to some of the most frequently asked questions.

“Drug crime” covers a lot of ground in Florida. For example, possession of a controlled substance, including substances like cocaine, heroin, ecstasy, methamphetamine, is a drug crime. Even a legal drug may give rise to drug charges if you don’t have a prescription or give or sell the drug to someone else. Florida law also prohibits a range of other activities, such as selling, delivering, or manufacturing controlled substances.

Most Florida drug crimes are felonies. While possession of a small amount of marijuana without government authorization is a misdemeanor, possession of more than 20 grams is a felony of the third degree. Possession of any amount of other drugs–including cocaine, heroin, methamphetamine–is a felony in the third degree, carrying a possible penalty of up to five years in prison. Also as mentioned above the possession of controlled substances like oxycodone, alprazolam (Xanax), or others without a prescription is also a third-degree felony. 

Further, the possession of larger quantities, or acts beyond mere possession, may constitute even more serious felonies carrying even steeper penalties. These types of offenses include charges for trafficking, sale, delivery, or manufacture of controlled substances.

The best way to fight Florida drug charges depends on the specifics of the case. Some possible approaches include: 

  • Challenging the validity of the search, which may lead to the evidence being suppressed and may make it impossible for the prosecution to prove its case, 
  • Having the substance tested to determine whether it falls within the statutory definition, 
  • Arguing that you did not know the illicit nature of the substance, or;
  • Arguing that you were not in possession of the substance.

This last defense most often comes into play when the charge involves what was formally referred to as constructive possession, which means that the drugs weren’t on your person, but the prosecution is arguing that they were within your control, you knew where they were, and you knew what they were. 

Since there’s no one-size-fits-all approach to fighting drug possession charges, you should contact an experienced Jacksonville drug crimes attorney as soon as possible after your arrest.

The possible consequences of a drug conviction depend on both the crime you’re charged with and your history. Most Florida drug crimes are felonies and may result in a years-long prison sentence. In some cases, the maximum possible sentence may be in excess of 30 years in prison. In addition, a person convicted of drug crimes may face significant fines and suspension of driving privileges. Also, while Florida law prevents criminal records from being sealed or expunged if convicted, Florida law also prohibits the sealing or expungement of some drug crimes even if a person was not formally convicted, meaning that the disposition of some offense might stick with you for life. 

A conversation with an experienced Jacksonville drug crimes attorney is the best way to gather reliable information about the full range of possible consequences associated with your charges, and what your options may be for fighting those charges or negotiating more lenient treatment. In some cases, your attorney may even be able to negotiate for a diversion. Successful completion of a drug diversion program not only results in the dismissal of charges but also provides the ability to ultimately seal or expunge one’s criminal record.

As with many questions in the legal world, this is another where the answer depends. That said, generally testing positive for a controlled substance during a drug test would not be enough to support the initiation of a new criminal charge being filed against someone for possession of a controlled substance.

However, that doesn’t mean that a positive drug test also commonly referred to as a dirty drug test is nothing to worry about. Depending on the circumstances, it could result in incarceration or additional penalties. For example, if a person is on pretrial release and they have a positive drug test it could support the revocation of their bond and lead to reincarceration pending the resolution of the case.

Furthermore, if an individual is on probation and fails a drug test that could result in a probation violation, and depending on what offense someone is on probation for jail or prison time. As such positive drug tests are nothing to be ignored or overlooked.