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Barry Boches & Associates

What Do You Think Of The Rising Trend In Painkiller Narcotic Abuse?

The rising trend in painkiller narcotic abuse has been all over the news lately, largely in part because of its effect on people of notoriety, like Michael Jackson. However, cases involving doctors who overprescribe are quite common. In fact, a doctor was recently indicted for 25 murders for overprescribing painkillers. I have never represented a doctor was accused of overprescribing, but I do handle cases involving unlawful acquisition of controlled substances via fake prescriptions. These types of charges are serious felony charges that carry prison time, but none of my clients have ever actually served prison time for these charges.

There are also instances where someone who has a legitimate prescription for a narcotic will offer a couple to their friend or family member, and although there is no evil intent in these cases, it’s still considered unlawful possession of a controlled substance, which is a felony. In recent years, people have been ordering drugs like Xanax from overseas online. While pharmacies overseas don’t require prescriptions, obtaining them in this way is still considered illegal. If a person were found with large quantities of prescription medications, they could be charged with intent to deliver. There are all kinds of problems that a person can run into, including being charged with driving under the influence of a drug.

Can An Officer Arrest Someone If They Have Someone Else’s Prescription In The Car?

If an officer found someone else’s prescription for a controlled medication in a person’s vehicle, the officer could conduct an arrest for unlawful possession of a controlled substance. However, in order for the person to be convicted of the charge, it would have to be demonstrated that the person was in constructive possession of the controlled substance. In order to establish constructive possession, two elements would have to be present: the ability to exercise control over the object (meaning it was accessible by the person), and intent to possess the controlled substance.

This means that just because a prescription for a controlled substance was found in someone’s vehicle and was not prescribed to them, they would not necessarily be convicted of anything. For example, their friend could have accidentally left it in the vehicle, or it could have fallen out of their bag. The driver may have been able to access it, but they would not have had the intent to possess or use it. If the driver were arrested, a good defense attorney should be able to ensure that they avoid a conviction.

For more information on Painkiller Narcotics Abuse In Illinois State, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (847) 244-4636 today.

Barry Boches, Esq.

Get your questions answered - call me for your free phone consultation (847) 244-4636.

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