Attorney
In recent years, we have seen an increase of people being arrested for possession of unprescribed medicines here in Massachusetts. Unfortunately for many folks, the mere possession of medicines and drugs that require prescriptions can lead to serious legal consequences. Many medicines require that a physician or other medical professional prescribe them, a licensed pharmacy dispenses them, and only the person holding the prescription can take them. When they are improperly dispensed or handled, anyone who possesses such unprescribed medicines can be arrested and charged with a crime. This is why it is vital for you to retain the services of an experienced Massachusetts criminal defense attorney if you are charged with this offense.
What is the Law Governing Possession of Unprescribed Medicine?
Under the Massachusetts Controlled Substances Act, codified at MGL chapter 94C, it is illegal to possess a controlled medicine without a legitimate prescription issued by a physician or other licensed practitioner. So, if you are looking to treat an illness with anything other than an over-the-counter medicine and you do not have a prescription for the drug, you could face fines and time in jail.
Like most states, Massachusetts determines penalties based on the Class of the drugs in question. Class A controlled substances include heroin and fentanyl, while Class B controlled substances include cocaine and LSD. These drugs are rarely prescribed and possession carries with it significant fines and jail time. Conversely, prescription medications will typically fall into Classes C, D and E. It depends on the type of drug involved, but in each case these will require an active prescription in order to avoid a penalty. Typically, you can face anywhere from 6 months to one year in jail and fines of $500 to $1,000 for the first violation. Subsequent convictions for illegal possession carry with them increasing fines and jail time.
What Will Happen if You are Arrested for Unlawful Possession?
An arrest for possession of unprescribed medicine can happen in many different ways. If the police have a reasonable belief that you possess such controlled substances at your home, they can get a warrant to search your homes for such drugs. When the search turns up unprescribed medicine, you will most likely be arrested at that time. However, an arrest can happen in other ways. Many times a search may happen as the result of a routine traffic stop. You also may be arrested if you are leaving a place where you purchased unprescribed medicine. When you are arrested, the police officer will search your person, read you your Miranda rights, and take you into custody.
At this point, you will be taken to the police station for booking. Typically, the police will want to ask you questions. However you are under no obligation to answer them except to provide your name and address. The booking process will entail having a photo and fingerprints taken. You will also be allowed to make a phone call. Unless you have a criminal defense attorney, you should use the call to phone a loved one who can arrange for representation.
After you have been booked, you will be brought before a magistrate judge. This may happen immediately, or you may be held for up to a day. You will be able to speak with an attorney. If you do not have one already, you will be given one who has been assigned by the court. The magistrate judge will inform you of the charges and ask you how you wish to plead. In almost every circumstance, you will plead not guilty. This doesn’t preclude you from changing your plea at a later date. The magistrate judge will then determine whether you can be released on bail or on your own personal recognizance. If you are not granted bail, then you will remain in custody until your arraignment before a criminal court judge.
What are Your Rights if You are Arrested?
It is vital for you to know your rights if you are arrested. The most important ones are the right to remain silent and the right to an attorney. This means that you do not have to answer any questions from the police except for your name, address and other information to establish your identity. Keep in mind that anything you say to the police or the prosecutor can be used against you in a court of law. Your right to an attorney is also important since you should only talk with the police or prosecutor through your legal representative. Your attorney is tasked with helping to prepare your case and defend your rights.
You should keep a number of things in mind. Unless the police have a search warrant, you should never consent to a search. Under the Fourth Amendment of the Constitution, you are protected against unreasonable searches and seizures. You should also refrain from resisting arrest. While you may feel you are innocent, you cannot do anything to obstruct the police officer from carrying out his or her duties. You should also avoid providing false information. If you give the police a false name, address, phone number, date of birth, or other information, this can make you liable for another crime beyond possession of unprescribed medicine. Lying to the police or prosecutor will only complicate your situation.
If You are Arrested for Possession of Unprescribed Medicine, Call Our Firm Today
Getting arrested for possession of an unprescribed medicine can be a very stressful situation. If this happens to you, remain calm and call Geraghty Law LLC. Our experienced criminal defense attorneys can assist you with your case, making sure to protect your rights. Call us today for a consultation.
