Part of daily life routine for an adult with ADHD, taking the right medication that helps them focus on daily life and achieve their goals throughout the day. These ADHD pills and other medicines are displayed with open pill bottles on top of a white counter top in the kitchen.

Have prosecutors charged you with prescription drug crimes? These offenses can range from simple possession to drug trafficking to prescription fraud, and penalties for even relatively minor violations can be severe. Don’t make the mistake of facing your charges alone, as you need experienced, dedicated legal counsel to help you protect your rights and interests. 

Turn to a knowledgeable criminal defense attorney from Geraghty Law LLC for help. Attorney Conor Geraghty has years of experience in Massachusetts criminal law, including over seven years spent as an assistant district attorney in Springfield and Worcester, where he handled numerous drug cases. Having seen how prosecutors build criminal cases, he knows what it takes to develop an effective defense strategy to beat them. When you come to our firm for help, you can expect us to offer relentless advocacy backed up by an extensive understanding of the laws governing your case. 

Common Types of Prescription Drug Crimes

Common examples of prescription drug offenses include:

  • Unlawful possession: A person may face prosecution if they possess prescription drugs without a valid prescription.
  • Possession with intent to distribute (PWID): Individuals may face PWID chargers if they possess large quantities of prescription drugs, which indicates an intent to sell or distribute those drugs rather than use them or if they possess drug manufacturing/packaging equipment or materials. 
  • Drug distribution/trafficking: Selling, distributing, or transporting prescription drugs without authorization can lead to criminal prosecution.
  • Unlawful online pharmacies/drug sales: A person can get arrested and charged with crimes for operating illicit online pharmacies to sell drugs to individuals without prescriptions.
  • Prescription fraud: A person may commit prescription fraud if they alter or forge a prescription order or use a licensed healthcare provider’s credentials to obtain prescription drugs illegally. 

Penalties for Prescription Drug Offenses

Massachusetts law classifies controlled substances into one of five classes (A through E). Many of the scheduled controlled substances include drugs that healthcare providers may lawfully prescribe or use in controlled medical settings. Penalties for unlawful manufacture, distribution, or possession with intent to manufacture/distribute will depend on the class of drug and whether a defendant has prior drug convictions. For example, offenses involving Class A controlled substances impose a sentence of up to ten years in prison or 2.5 years in jail, a fine of $1,000 to $10,000, or both a fine and incarceration. However, a person who commits a manufacturing, distribution, or PWID offense involving a Class A drug may face a sentence of 3.5 to 15 years in prison and a fine of $2,500 to $25,000. 

Drug convictions can have other long-term consequences for offenders. Some prescription drug offenses can disqualify offenders from various government benefits or may lead to the loss of professional licenses. Convictions can also disqualify individuals from participation in various government healthcare programs. Finally, a conviction will result in a criminal record that can impose a stigma that makes pursuing housing, employment, or educational opportunities challenging if prospective employers, landlords, or educational institutions learn of an applicant’s prescription drug offense. 

Defenses to Prescription Drug Crime Prosecution

Defendants charged with prescription drug crimes may have various factual or legal defenses to challenge the prosecution’s case and seek a reduction in charges, dismissal, or acquittal. Common defense strategies in prescription drug cases include:

  • Lack of possession: A defendant may contend that the prosecution’s evidence fails to prove beyond a reasonable doubt that they had actual or constructive possession of illicit prescription drugs. Without evidence of possession, the prosecution cannot connect a defendant to the prescription drugs at issue in the case. 
  • Valid prescription: Defendants with valid prescriptions can fight charges of simple possession by presenting evidence of their valid prescription from a licensed healthcare provider in the jurisdiction of their residence. 
  • Lack of evidence of controlled substance: A defendant may note that prosecutors have not conducted laboratory testing on the seized substance to confirm its identity as a prescription drug. Alternatively, defendants may challenge the reliability of the prosecution’s lab results. 
  • Entrapment: In rare cases, a defendant may have an entrapment defense alleging that law enforcement officers induced or coerced the defendant to engage in criminal activity they otherwise had no intent to commit. 
  • Unlawful search or interrogation: Defendants may move to exclude evidence or statements from the prosecutors’ case by asserting that investigators obtained them through an unlawful search or interrogation that violated the defendant’s rights. 

How Can a Criminal Defense Lawyer Help You?

After an arrest for a prescription drug offense, a criminal defense lawyer can help you minimize the potential consequences of your arrest and a possible conviction by:

  • Independently investigating your charges to find all available evidence that can support your case so you do not have to rely on the evidence turned over by the prosecution
  • Evaluating the facts and evidence to identify potential defense strategies
  • Ensuring you understand your charges and the possible outcomes and explaining what to expect in the criminal justice process so you can make informed decisions at each stage of your case
  • Vigorously contesting the prosecution’s case to pursue a reduction or dismissal of your charges, including by moving to exclude unlawfully obtained evidence
  • Pursuing every avenue to secure the best possible resolution to your charges, even when that means going to trial to fight the prosecution’s case or advocate your innocence 

Contact Our Worcester Drug Crimes Defense Attorney

Have you been charged with a prescription drugs-related offense in Worcester County? Then get experienced legal advocacy to protect your rights and interests. Contact Geraghty Law LLC today for a confidential consultation with a prescription drug defense attorney to discuss your legal options for seeking a favorable resolution to your charges.