Philadelphia Vicodin or OxyContin Possession Lawyer
People throughout the country struggle with pain of all kinds, from chronic pain caused by overuse or injury to the acute pain that comes on the heels of surgery and other major medical procedures. Treatment for this pain can take many forms, but one of the most common is the use of prescription painkillers, especially opioids such as Vicodin or OxyContin, the possession of which can sometimes be considered illegal without proper documentation.
If you or a loved one has been charged with possession of a controlled substance like Vicodin or OxyContin, the experts at The Law Office of Lloyd Long can help. With extensive experience in all aspects of criminal defense and a specialization in appeals, Lloyd Long can defend your innocence in court or work to appeal a decision made in a previous case. Learn more about how Lloyd Long can help with your Vicodin or OxyContin possession charges by going online or calling (215) 302-0171 today.
How Drug Possession Charges Work in Philadelphia
Though the charge of drug possession seems simple enough, this concept is actually divided into two aspects: “actual” possession and “constructive” possession. The difference between the two can have a big impact on the way your defense will be constructed, as one leaves much more room for doubt than the other, depending on the circumstances.
Simply put, actual possession refers to the possession of drugs on your person – in your pocket, say, or in a bag you are carrying. This type of possession can be difficult to dismiss, but there are still a number of ways to mount a defense if you have been charged with actual possession. For instance, in order for law enforcement to charge you with this offense, they must have a plausible reason to search you and find the drugs in the first place. If the reason for the search was fabricated or overblown, it may amount to an illegal or improper search by the police, and you may be able to have your charges reduced or dismissed entirely.
Constructive possession, on the other hand, often requires a bit more imagination on the part of the prosecution. Unlike actual possession, in which the alleged offender has the drugs physically on their person when they are found, constructive possession refers to a situation in which the police find drugs in a place over which you have some measure of control; for example, you could be charged with constructive possession if law enforcement raids your home and finds drugs there; this may be true even if you live with others and did not purchase or use the drugs yourself. If you have been charged with actual or constructive possession, The Law Office of Lloyd Long will fight to uphold your rights.
Penalties for Vicodin or OxyContin Possession in Philadelphia
In Pennsylvania, drug possession charges can fall into one of several categories. Having narcotics on hand or in your home would likely be considered “Knowing and Intentional Possession, a charge laid out in Title 35, § 780-113(a)(16) of the Pennsylvania Code. Simple possession of narcotics like Vicodin and OxyContin is a misdemeanor punishable by up to 1 year in prison, a fine of up to $5,000, or both. By comparison, simple possession of a drug like GBH could get you as much as 15 years in prison or a fine of up to $250,000.
You may have to face more serious consequences if you are charged under § 780-113(a)(30) of the Pennsylvania Code, which refers to possession with the intent to distribute; in other words, law enforcement has decided to charge you as a drug dealer. This situation can result in either a misdemeanor or a felony, though felonies are more common with these charges. Sentences can last for up to 15 years. The determination of whether to charge someone with simple possession revolves around several factors, including their perceived intent, the type of substance they have, the amount they have, and whether they have a valid prescription for Vicodin or OxyContin.
Defending Against Vicodin or OxyContin Possession Charges
Because the U.S. criminal justice system relies on convincing a jury “beyond a reasonable doubt,” the defense – your side – only has to introduce plausible alternatives to the prosecution’s narrative. If you have been charged with constructive possession, for example, you can point to the circumstances around the drugs’ discovery to throw doubt on the charges. Drugs found in a shared domicile could easily belong to someone else, for example. In addition, unlawful searches by police, entrapment by law enforcement, and a number of other facts could be enough to introduce reasonable doubt in your case. If you have been charged with possession of Vicodin or OxyContin, turn to an experienced legal representative who can mount an effective defense on your behalf.
Vicodin and OxyContin Possession Defense Lawyer Serving Philadelphia
If your freedom is threatened because of charges of drug possession, don’t risk it with a second-rate defense attorney. The experienced professionals at The Law Office of Lloyd Long can help fight your charges and see that they are reduced or dismissed so you can get back to your life. To speak to an attorney or set up a consultation, visit us online or call (215) 302-0171 right away.