Under certain circumstances, a person can face charges for offenses related to drugs that were prescribed to him or her by a doctor. Some of these circumstances include times when a person drives under the influence of a prescription drug or is in possession of a drug that is not in the original bottle.
Regardless of how these charges arise, a Nebraska prescription drug lawyer can help. Throughout the legal process, a proactive drug lawyer from Berry Law can work to defend your rights and advocate on your behalf to work towards a more positive outcome.
Understanding Prescription Drug Offenses
Prescription drug charges are a priority for law enforcement. Specifically, opiates and narcotics–oxycontin and similar painkillers– are priorities because people get easily addicted to them. In an effort to crack down on addiction, the police are enforcing the possession and distribution of prescription drugs harshly.
When Can Someone Face Charges?
A person can be arrested for having prescription drugs for several reasons. One way a person can face charges is if he or she does not have his or her prescription on hand. However, even if an individual can show proof of prescription, he or she can still be charged for violating the law of Nebraska depending on the circumstances.
Even if someone is taking prescriptions as prescribed by his or her doctor, he or she could potentially face charges for driving under the influence of those drugs. Further, as the law currently stands, if someone has an adverse reaction or a side effect to medication that impairs his or her ability to drive, he or she is still held criminally liable for the conduct occurring that side effect.
What Level of Offense Can Someone Face?
Prescription drug offenses can result in both misdemeanor and felony charges. Depending on the prescription involved in the offense, a person can face felony charges. For example, ADHD medication or painkillers can result in a felony.
However, it is a misdemeanor offense to possess prescription drugs that are not in the container that the pharmacy gave the person. Even if a person takes pills out of the bottle and has them in a separate container, he or she can still be charged with a crime.
Defending Against Nebraska Charges
Prosecutors will look at whether the accused has a prescription. They will look at when the drug was prescribed by the doctor, the amount of prescription drugs in the person’s possession, and whether the person was distributing prescription drugs illegally. They will also look into whether the person was driving or operating a motor vehicle while under the influence of prescription drugs.
A skilled attorney can help defend against these charges in multiple ways. One way they will fight these charges is by working with experts to show that the prosecution’s case is lacking evidence.
Further, many times people will take the amount prescribed by their doctor and be charged with driving under the influence of prescription drugs. They do not realize that taking these prescription drugs and driving can result in charges. Regardless of the specific situation, a Nebraska drug attorney can fight the prosecution’s allegations.
How a Nebraska Prescription Drug Attorney Can Help
It is important to retain an experienced drug lawyer in these cases because the state is going to prosecute the case as aggressively as they can. An experienced Nebraska prescription drug lawyer can provide evidence against the prosecution’s case to give you a better chance of a positive outcome. To discuss your rights, call Berry Law today for a confidential case evaluation.