The opioid crisis is a large problem in Charleston and around the rest of the country. To combat the crisis, local police officers and prosecutors have come down harshly on anyone facing accusations of crimes involving prescription drugs. If you are facing prescription drug crime charges, you could be facing severe penalties from an overzealous justice system because prosecutors frequently fight for harsh sentences.
Fortunately, a knowledgeable Charleston prescription drug lawyer could vigorously defend you. The hard-working drug attorneys at Adams & Bischoff could guide you through the legal process by helping you understand the charges so you are better able to make educated decisions at each stage.
Understanding Prescription Drug Charges
Unlike many other types of drugs, prescription drugs are not necessarily illegal. However, they are only legal for the specific person whose name is on the bottle. People cannot share their medication with anyone else, even if those other people are within the same household or family.
Additionally, individuals can only transport their prescription drugs in their original containers or bottles. They cannot remove their medication and put it into something else.
Under South Carolina Code of Laws Unannotated § 44-53-370, prescription drugs are considered to be controlled substances. Anyone who purchases, sells, distributes, or possesses a prescribed medication without proper medical authorization (which means anyone other than the person whose name is on a valid prescription that was issued by an authorized healthcare practitioner) could face criminal drug charges.
Our determined team of Charleston attorneys is extensively familiar with the laws regarding prescription medication crimes. We know how to dig deeply into the evidence to build solid defense strategies that could help you fight the charges and mitigate the potential consequences.
Criminal Charges Relating to Prescription Drugs
People in South Carolina could face a wide range of criminal charges involving prescription medication.
Who Could Face Criminal Charges?
More than one party could face severe penalties for prescription drug crimes, including the following:
- The person found in possession of a drug without a valid prescription, or with a prescription that they obtained by deceiving a healthcare practitioner, or through some other illegal method
- The doctor, physician’s assistant, or nurse practitioner who gave a prescription for drugs without a valid reason
- The pharmacist who dispensed a drug without a prescription
- The person who had a valid prescription for the drug and then gave or sold it to someone else
Our Charleston legal team has successfully defended people facing different types of charges stemming from prescription drugs.
What Defenses Could You Use in a Prescription Drug Criminal Case?
Our dedicated Charleston attorneys could help you devise the most effective defense strategy to fight the prescription drug charges.
Lack of Intent or Knowledge
Depending on the facts, we could argue both a lack of intent and that you had a real use for the medication by proving that you had a valid prescription.
Not Your Drugs
We could also argue that the drugs were someone else’s, which is most effective if you live in a shared home with roommates.
Constitutional Violations
We could get the court to suppress the drug evidence entirely by arguing that the government made a mistake in their chain of custody or that they discovered it through an unlawful search.
Work With a Charleston Prescription Drug Attorney
Facing prescription drug charges can be terrifying. To give yourself the best chance of moving forward with your life, you should work with a local legal team that has vast experience with all local, federal, and state drug laws. Our seasoned local attorneys could mount a robust defense on your behalf.
Call a Charleston prescription drug lawyer at Adams & Bichoff and let us fight on your behalf for the best possible outcome.