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Mesa Prescription Drug Lawyer

Many prescription medications that are useful to treat medical conditions or pain are also addictive. Eventually, a doctor may refuse to refill a patient’s prescription, and the patient might turn to illegal sources to get the drugs they need.

Arizona prosecutes people who possess, manufacture, or distribute fake prescription drugs or genuine drugs without a valid prescription. Depending on the circumstances, the crime may be a felony and carry a substantial prison sentence upon conviction. You need to call someone NOW.

Our Mesa prescription drug lawyers understand the forces that can compel someone to enter the illegal prescription drug market. A local drug attorney helps you resolve your case in the most favorable way possible.

Explanation of the Prescription Drug Laws

The criminal laws regarding drugs available only by prescription appear in Arizona Statute § 13-3406. In general, crimes involving prescription-only drugs are not treated as seriously as crimes involving other illegal drugs or controlled substances. Still, resolving any drug charge requires a skilled attorney to minimize the long-term consequences of a conviction and take advantage of any leniency the law or court might provide.

The state’s drug laws describe threshold amounts of various substances, which is the maximum amount the law would assume was for personal use. Someone possessing less than the threshold amount of a specific drug could be eligible for probation. However, probation is available only on first and second offenses and only if they have no convictions for violent crimes.

Someone possessing more than the threshold amount would face the presumption that they intend to distribute the drug. These crimes are prosecuted as felonies, so you need Grand Canyon Law Group on your side to assist in your defense.

Penalties Upon Conviction for Prescription Drug Charges

Everyone convicted of a prescription drug crime must pay a $1,000 fine in addition to any other fines, assessments, and surcharges the court orders the offender to pay. In most cases, the offender will have to undergo a drug assessment and complete treatment if the assessment indicates treatment is necessary.

Most crimes involving prescription-only drugs are Class 1 misdemeanors. The misdemeanor prescription drug crimes include obtaining prescription drugs with a fraudulent prescription, manufacturing prescription drugs, and possessing the supplies to produce them. If convicted, an offender could receive probation with conditions that include community service and other requirements, in addition to the fine, drug assessment, and treatment. Someone who is not eligible for probation could be sentenced to serve up to six months in jail.

Possessing prescription drugs for sale or distribution is a Class 6 felony charge. Someone convicted of this charge could still receive probation, depending on their prior criminal history. Otherwise, they face a presumptive sentence of one year in prison, with a range of three months to two years, depending on whether mitigating or aggravating factors are present. Our Mesa prescribed drug attorneys advocate for an offender to receive probation and treatment whenever possible, rather than prison.

Drug Court Possible for Prescription Drug Crimes

In some cases, handling a prescription-only felony charge through drug court is an attractive option, especially if a defendant has a significant history of prescription addiction. The Maricopa County program requires participation in drug treatment and counseling, regular mandatory drug testing, and frequent court appearances to make progress reports to the judge. An offender who completes at least one year of drug court could get their charges reduced to a misdemeanor. Call NOW to discuss how you can achieve this.

Defenses to Prescription Drug Charges

When a defendant is addicted to prescription drugs, taking advantage of programs to help them manage or cure their addiction is sometimes the best strategy. However, having a substance misuse disorder is not a crime, and it often makes sense for a Mesa attorney to vigorously defend a charge related to prescription drugs.

In any drug case, a criminal defense lawyer would look at whether the police had probable cause to search someone or a proper search warrant to look for drugs. If not, the judge could suppress the evidence. We could also look at the way the authorities handled the drugs—if there are problems with the chain of custody, the judge might dismiss a charge for that reason.

Contact a Mesa Attorney to Defend Prescription Drug Charges

A conviction on a prescription drug charge would leave you with a criminal record and facing significant penalties, including time in jail or prison. The Grand Canyon Law Group can resolve the charges with minimal long-term consequences, so you should call us immediately so we can begin working.

Do not try to manage a drug charge without professional help. Call our Mesa prescription drug lawyers as soon as you get arrested.

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