Bronx Oxycontin Possession Lawyers
OxyContin is a drug that provides a feeling of euphoria for the person who is using the drug. It’s sometimes referred to as redneck heroin because it can be purchased as a prescription. It’s a powerful pain reliever that quells pain for long periods of time and that seems to take away other negative feelings that the person has through the day. It’s a drug that is easy to get at any time and that can easily be sold to numerous people. If you’re caught with OxyContin for personal use or to sell the drug, then you will be charged with possession in most states. The consequences for possession of OxyContin range from probation to several years in prison and large fines.
The drug is listed as a controlled substance in the United States. Even though it’s a medically approved drug, it’s a highly addictive drug that is regulated as a Schedule II in regards to possession and distribution. There are differences that the law will look at when deciding whether someone is charged with possession or if someone will be charged with selling OxyContin. Any time that you have OxyContin on your person without a valid prescription, it’s illegal and can result in charges against you. Selling the drug can result in felony charges, which means that you will spend more time in prison and have to pay more in fines. However, the prosecuting attorney must be able to show evidence that you intended to sell the drug before the charges can be justified for selling and distribution. In some states, selling or distribution can result in the same consequences of someone who is found guilty of making OxyContin.
For someone to be charged with selling the drug, there needs to be proof. Most possession charges are classified as the intent to sell until further evidence is obtained. There are times when officers will conduct stings or raids to find people who are selling the drug. They will offer money to someone who they believe is selling, and if that person takes the bait, then they are arrested. Most attorneys will use the defense that you didn’t intend to sell the drug but only had it in your possession. There is circumstantial evidence that the prosecution can look at when deciding whether to charge you with selling. These factors include the amount of the drug in your possession, whether any kind of packaging or other items were in your possession and if there is an abnormal amount of money.
If you are caught with OxyContin and intend to sell it near a school, then it’s usually considered a felony. You could receive a jail sentence that is twice as long as a standard charge and twice the amount of fines that you have to pay. Any kind of elementary or high school is off limits to anyone who intends to sell drugs. You can also be charged if you intend to sell near a public housing unit, a playground or a youth center. A distance of 1,000 feet is usually set as for how far you need to stay from these locations before you are charged.
An attorney will examine your charges and help to determine the best defense. Sometimes, the attorney can show that you didn’t intend to sell but had the drug in possession for personal use. Your criminal history and the amount of the drug that you have will be taken into consideration when you are sentenced, but most people spend between five and 20 years in prison, especially if there are federal charges involved.
May 17, 2018
Spodek Law is a great firm. They are super pragmatic