PRESCRIPTION PILLS CHARGES:
Asheville Criminal Defense Attorney
Receiving a prescription pills charge in North Carolina can present serious legal consequences, and you should always talk to a skilled defense attorney before you speak to anyone in law enforcement about your case. In fact, it is in your best interest not to speak to law enforcement at all - no matter how tempting they may make it seem. Letting an experienced Asheville Criminal Defense Lawyer represent you and negotiate on your behalf can make a significant difference in the outcome of your case.
HOW I CAN HELP WITH YOUR PRESCRIPTION PILLS CHARGE:
Just because you’ve been charged with possession of prescription pills, manufacturing, selling or trafficking prescription fraud in North Carolina, does not mean you’re guilty. There may be grounds for a dismissal of the charge against you based on any number of factors. As a knowledgeable and aggressive North Carolina drug crimes defense attorney, I will be looking to poke holes in the State's case against you and potentially render their results inadmissible in court.
I will conduct a full analysis of your case to uncover those factors that could possibly lead to a dismissal, or an acquittal if taken to trial. Or, if a plea bargain makes the most sense, I will work with prosecutors in order to reduce the charges or sentence against my clients. I have a strong reputation as an aggressive attorney who will fight for you every step of the way.
If you have been charged with a crime involving prescription pills in Western NC, give me a call and we can discuss your specific situation in greater detail. From there, we can determine the kind of fines and or other penalties you could be facing.
I have found that my clients appreciate getting straight talk concerning their legal issues, and my initial consultation is always free.
I navigate my clients through the legal system everyday, and I work smart and aggressively to defend them and resolve their legal issues by turning over every stone to get the best results possible. I take the legal issues that my clients are facing very seriously, as I know that there can be lifelong consequences, resulting from the smallest moving violations to the most serious of crimes. Keeping your record as clean as it can be will always be my number one goal.
As an Asheville criminal defense attorney, I represent clients in Asheville, North Carolina, Buncombe County, Hendersonville, Henderson County, and all other Western North Carolina areas. If you have received a ticket, are facing investigation, or have been charged with a crime, I am here to fight for your legal rights.
Types of Prescription Pills / Drugs:
Under North Carolina law, drugs are classified according to "schedules". The penalties for possessing or distributing these substances increase depending on the schedule it is categorized in.
Schedule I Drugs – These drugs have no accepted medical use and a high potential for substance abuse. Examples of this type of drug include heroin, LSD, Ecstasy, and peyote. There are no prescription Schedule I drugs.
Schedule II Drugs – These substances have a high potential for abuse and dependency. Examples of these are oxycodone, morphine, opium, codeine, amphetamine, and hydromorphone.
Schedule III Drugs – These have less potential for abuse than schedule I or II substances, but they have a moderate potential for physical dependency and a high probability of psychological dependency. Examples include: combined products with less than 15 grams of hydrocodone such as Vicodin, products with less than 90 milligrams of codeine such as Tylenol with codeine, ketamine, anabolic steroids and benzphetamine.
Schedule IV Drugs – These drugs have less potential for abuse than Schedule III substances. Examples of this type include Xanax, lorazepam, diazepam (Valium), and carisoprodol.
Schedule V Drugs – These substances have a relatively low potential for abuse and dependency. Some examples are cough drops containing less than 200 milligrams of codeine per 100 milliliters and ezogabine.
Additionally, North Carolina law has a Schedule VI that includes only marijuana and related products. Medical marijuana is not legal in North Carolina.
Illegal Possession of Prescription Drugs:
In North Carolina, it is illegal to possess a controlled substance. The penalties for violating this law vary widely depending on which drug was in possession, what amount, and if the individual has any prior convictions. As a general rule, however, possession of illegal substances in North Carolina is categorized as follows:
Schedule I Drugs – This violation is classified as a Class I felony, unless the substance is MDPV in less than 1 gram, in which case it will be a Class 1 misdemeanor.
Schedule II, III, IV Drugs – These violations are considered Class 1 misdemeanors, with some exceptions being considered Class I felonies.
Schedule V Drugs – Illegally possessing these substances is considered a Class 2 misdemeanor.
Schedule VI Drugs – These drugs carry a Class 3 misdemeanor charge.
Manufacturing or Distributing Prescription Drugs:
It is illegal to manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver, a controlled substance in North Carolina. The penalties for creating or selling prescription drugs are much steeper than simple possession. Those involved in "pill mill" schemes face these consequences, and with an increase in their frequency, law enforcement has become more diligent in tracking down offenders. The classification of these offenses is as follows:
Schedule I and II Substances – The manufacture of these drugs is classified as a Class H felony, while the sale of them is considered a Class G felony. The exception to this is the manufacture of methamphetamine, which is a Class C felony. However, packaging it or labeling it is considered a Class H felony.
Schedule III, IV, V, and VI – The manufacture of these is considered a Class I felony, while the sale of them is a Class H felony.
Prescription Drug Fraud:
Because prescription drugs can be obtained legitimately, some offenses include fraudulent ways of obtaining them. "Doctor shopping" is a frequent offense, and it involves a person visiting multiple doctors to obtain several prescriptions for a drug. Forging or changing a prescription is also considered fraud, as is impersonating a physician in order to obtain a prescription. These offenses are often paired with other drug charges, such as trafficking or possession. Drug fraud offenses carry heavy penalties which vary depending on the offense, but all carry the possibility of jail time and heavy fines, as well as a criminal drug record that can impede future opportunities.
Prescription Drugs and DWI:
Many prescription drugs carry the potential for side effects and impairment, and most have a warning about operating a vehicle while under their influence. If a driver is found to be impaired by the medication they're taking, they can be charged with DWI, also known as DUI. While it is a mitigating factor for the intoxicating substance to be a legal drug, even the most lenient DWI has punishments you don't want to face.