Certain drugs require a prescription for their use. Those who take these drugs without a valid prescription would break the law, even when the drug is not a controlled substance. Even possessing prescription medication without a proper prescription might lead to an arrest. Those facing charges in Florida may present a defense that addresses the accusations.
Possession without a valid prescription
Many people may use prescription drugs without a doctor’s authorization because they received pills from friends or relatives. These persons might not think taking a few anti-anxiety or pain-relieving pills won’t harm their health, but they could be wrong. They may even be less likely to believe any legal troubles will arise, but a routine traffic stop might spiral into a drug possession charge.
Others might suffer from a substance abuse, leading them to procure drugs illegally. Again, without a valid prescription, such persons endanger their health and might face criminal charges. Possession with intent to distribute charges could result if the person has a significant quantity of drugs.
Addressing drug charges
Drug offenses could be felonies or misdemeanors, and the penalties vary depending on the specifics. Regardless, those not guilty of the claimed crimes may seek exoneration. Sometimes, a person may have loose capsules and cannot present proof of a prescription. An arrest might follow, but the accused might show the prescription in court.
Other issues may factor into the defense. If the police stop someone driving or walking and conduct a search, probable cause is necessary. Without probable cause, any subsequent search could be illegal and the evidence inadmissible.
Although someone might be near prescription medication, proximity might not equal possession. Proving a lack of knowledge about drugs underneath a car seat could counter claims of possession.