Prescription drug cases are treated very seriously in Henrico County and throughout Virginia. They can result in a significant jail sentence. They are also a priority for law enforcement, especially where abuse issues are developed in the county and where the prescription drugs questioned are associated with minors. When someone is charged with a prescription drug offense, it is important for them to have a Henrico County prescription drug attorney on their side. These charges can often be challenged based on if the prescription was valid or not. More importantly, the possible penalties that a person could face in as a result of a conviction can lead to personal problems as well as professional problems due to the possibility of an active jail sentence.
A person can be arrested for prescription drugs in Henrico County if they do not have their prescription, which is typically the case. Often if they do not have a prescription or have an outdated or expired prescription, officers will arrest them and they will have to prove in court that the prescription was valid. Even if a person can show that the drugs are prescribed, they can still be charged if the use or the amount found does not correlate with the prescription.
Courts can be very tough on prescription drug cases, particularly if there are issues of the sale or distribution of these drugs. However, the courts also are very open to diversionary programs that involve treatment where it can be shown that it is an addiction issue versus a case in which a person sold the drugs in order to make a profit. A Henrico County prescription drug lawyer may be able to make this argument, in order to mitigate the consequences for their client.
Typically, the evidence with prescription drug cases is how the drugs were obtained and whether it is a search and seizure issue. The officers and/or law enforcement will testify to how they obtained the drugs, where they were found, and what statements were made. This will be followed by evidence from the Department of Forensic Science that will show what the drug in question was, and they will testify as to whether the person had these drugs in violation of the law.
Prescription drug cases can be difficult and the penalties can be severe. Just because the person has a prescription does not mean that they did not break the law. In many cases, the prescriptions are no longer valid and/or someone is using the drugs against the recommendations of the prescription. With these cases, a Henrico County prescription drug lawyer will recommend that an individual enter into a counseling or treatment program to help mitigate the possible punishment and also negotiate with prosecutors.
These are different than other drug cases in that prescription drugs are not usually available and are also much more common. Typically with prescription drugs cases, it is a substance abuse issue versus a distribution or sale type issue, and in many cases, a prescription drug case involves a prescription that was at one time valid and/or an individual trying to self-medicate.
The main issue with prescription drugs that differs from other drug cases is the availability for treatment. With prescription drug cases, a prescription drug attorney in Henrico County will not only challenge the stop, but take active steps to mitigate the damage by recommending the person enter into and complete a treatment program while charges are pending or during the course of the court proceedings for purposes of mitigating punishment.
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