When people talk about “drugs,” they usually mean substances like heroin or cocaine — substances that are illegal in virtually every circumstance in Huntsville. However, prescription drugs are also a controlled substance. If caught in possession of drugs that haven't been prescribed to you, or attempting to buy prescription drugs with a prescription that is forged or not made out to you, you could face consequences as serious as they would be if you were caught with heroin or cocaine.
Huntsville Prescription Drug Lawyer
If you've been charged with possession charges for prescription drugs, you could be facing very serious penalties and a felony record. Our attorneys at Law Offices Of Segal & Segal will fight for your rights. We can identify any mistakes made by police or any holes in the prosecutions and seek to get your charges reduced or dismissed. We'll help you look at all your options, including drug court. We will be your advocates throughout this difficult process. Call us today at (256) 533-4529 or send an online message to set up a consultation to discuss your case.
At Law Offices Of Segal & Segal, we know the criminal justice system, inside and out. Andrew Segal has served as a prosecutor for the Alabama Attorney General and the Madison County District Attorney, and Sandra Segal has served as a prosecutor for the Huntsville City Attorney's Office. We understand the mind of a prosecutor. We believe in the honor and integrity of our profession, earning us the respect of judges, juries and even prosecutors. That means a lot when we're negotiating your charges or a plea agreement.
We are proud to represent clients throughout the Huntsville-Decatur area, including Madison County, Morgan County, Marshall County, Limestone County or Jackson County.
Information on Prescription Drug Crimes in Alabama
- Prescription Drugs as Controlled Substances
- Fraudulent or Forged Prescriptions
- Madison County Penalties for Prescription Fraud/ Drug Possession
- Working with the Best Prescription Drug Crimes Defense Lawyers in Madison County
The Alabama Department of Public Health maintains a list of controlled substances in Alabama. The list includes the usual suspects, like marijuana, cocaine and heroin. It also includes prescription drugs, though. “Controlled substances” means the substances are restricted — not necessarily that they are always illegal. A doctor has the ability to prescribe many controlled substances.
However, if you haven't had the drug legally prescribed to you, you don't have legal permission and you could be charged with Drug Possession. Some of the most commonly abused prescription drugs are:
- Vicodin, or any form of hydrocodone.
- Valium, or any form of diazepam.
- Oxycontin, or any form of oxymorphone.
- Xanax, or any form of alprazolam.
- Demerol, or any form of meperidine.
- Adderall or other amphetamines.
Alabama Code Section 13A-12-212 is the unlawful possession statute, making possession of a controlled substance illegal. The section also includes language saying a person could face the same charge if he or she “obtains by fraud, deceit, misrepresentation or subterfuge or by the alteration of a prescription or written order or by the concealment of a material fact or by the use of a false name or address, a controlled substance.” That language means that anyone who uses an invalid or forged prescription can be charged with unlawful possession.
There are a variety of ways people can obtain an invalid prescription. Some include:
- Stealing a prescription pad from a doctor.
- Using someone else's ID to obtain drugs prescribed to that person.
- Altering an existing prescription to obtain a different drug or a greater quantity.
- Completely fabricating a prescription using a computer program, like Photoshop.
- Calling in a prescription and acting like a doctor.
Unlawful possession, the charge for illegal prescription drug possession or prescription fraud, is a Class C felony. If it's your first felony, you would be facing one to 10 years in prison and a fine up to $15,000. If it's not your first felony, penalties could be significantly more. In addition to prison time and fines, you'll have to live with a felony on your record, which could seriously impair job opportunities or getting housing or a loan. Your driver's license will also be suspended.
Depending on your circumstances, you may be eligible for a pretrial intervention program or drug court. Pretrial intervention programs permit an individual to attend counseling and avoid prosecution. Drug court programs require a person to enter a guilty plea that allows that guilty plea to be withdrawn if they successfully complete a rehabilitation program. Under either scenario, if the person successfully completes the program, the charges will be dismissed and they will have a record clear of a felony conviction. Your attorney can help you determine what options are available.
If you've been charged with this serious offense, let the experienced defense team at Law Offices Of Segal & Segal help you. We'll fight for your rights and seek to get your charges reduced or dismissed. We'll also help you find if you are eligible for other options, like drug court, and advocate for your acceptance into these programs. Call us today at (256) 533-4529 or send an online message to set up a free consultation.