Prescription Drug Possession
In Illinois it is against the law to possess a legal prescription drug without a valid prescription from a medical doctor. Many people arrested and charged with illegal Prescription Drug Possession have no criminal record. They come from all walks of life. Many people who are arrested for Prescription Drug Possession became addicted to powerful painkillers while they were under a doctor’s care for an injury or illness. Once they stop treating with their doctor, they often find themselves addicted to the powerful medication that was given to them for a legitimate purpose. In order to continue to obtain these prescription drugs, people will forge a prescription, steal a prescription pad from a doctor or call a pharmacy and impersonate a doctor to place a prescription. We once had a client who would look through the newspaper obituary pages and when she could tell that the deceased had died of a long illness, would call pharmacies in the area impersonating the deceased figuring that there was a good chance there was a prescription for a pain killer for the deceased at the pharmacy. Once the client determined that there was a prescription waiting at that pharmacy, they would go to the pharmacy and impersonate the deceased patient and pick up the medication.
The possible penalties for Prescription Drug Possession depend on the drug that you were in possession of. In Illinois, drugs are placed in a Schedule from a Class 1 to a Class 5. Generally, Class 1 drugs are illegal street drugs like Heroin, Cocaine, Marijuana, Ecstasy and Crack. Class 1 drugs are drugs that are highly addictive with no medical value. Class 2 to 5 drugs are less addictive and have some medical benefits. Generally, the higher the class, the more serious the possible penalty. Depending on the drug, you can be facing a Class 4 felony to a Class X felony. A Class 4 felony carries a possible prison sentence of 1 to 3 years with the possibility of probation. A Class X felony carries a possible prison sentence of between 6 to 30 years without the possibility of probation. And even if you have a valid prescription, you can still be charged with a crime if you give a prescription drug to someone who doesn’t have a prescription.
We understand the underlying reasons why people get addicted to Prescription Drugs. We also understand that many times the police engage in illegal and unconstitutional means to make an arrest. We will explore all possible angles to explore legal challenges to your arrest and the seizure of evidence. We will also explore all possible alternatives to a criminal prosecution to help address the underlying reasons for the prescription drug addiction so that you can keep your criminal record clean and have an opportunity to lead a productive life.