Facing prescription drug charges in Tampa or Hillsborough County can be overwhelming, with severe legal and personal consequences. Florida law takes prescription drug offenses seriously, and a conviction can lead to substantial fines, imprisonment, and a permanent criminal record that can impact your future opportunities. Whether you’re accused of illegal possession, prescription fraud, or unlawful distribution, having an experienced Tampa prescription drug crimes lawyer from Metcalf Falls, Criminal Defense Attorneys, P.A. on your side can make a significant difference.
If you or a loved one is facing prescription drug charges, call (813) 258-4800 to schedule a free consultation with our defense team.
Understanding Prescription Drug Crimes in Florida?
Prescription drugs are tightly regulated under Florida law. Individuals must obtain and use these medications legally, and any deviation can result in criminal charges.
Law enforcement and prosecutors aggressively pursue cases involving controlled substances such as opioids, sedatives, and stimulants.
Common prescription drugs involved in criminal cases include:
- Oxycodone (OxyContin, Percocet)
- Hydrocodone (Vicodin)
- Alprazolam (Xanax)
- Adderall and Ritalin
- Fentanyl
- Codeine and Morphine
Even if you were prescribed these medications, law enforcement may allege illegal activity if they believe you obtained them fraudulently or possessed them without a valid prescription.
What Are Some Common Prescription Drug Charges in Florida?
Under Florida Statute § 893.13, there are several types of prescription drug-related offenses that prosecutors can charge. Some of the most common include:
Unlawful Use or Sale of Prescription Drugs (§ 893.13(1)(a))
Under Florida law, selling or distributing prescription drugs without proper authorization is a felony in Florida. Prosecutors may bring charges if they suspect an individual is selling medication to others without a license.
Penalties:
- Felony charges with up to 15 years in prison
- Fines up to $10,000
- Permanent criminal record
Possible Defenses:
Our Tampa prescription drug lawyers may challenge the prosecution’s evidence, argue lack of intent, or demonstrate that you had legal authorization to distribute the medication.
Prescription Fraud (Doctor Shopping) (§ 893.13(7)(a)8.)
Doctor shopping refers to visiting multiple healthcare providers to obtain multiple prescriptions for the same drug without disclosing previous prescriptions. Florida law treats this offense as a form of fraud.
Penalties:
- Up to 5 years in prison
- Significant fines
- Loss of professional licenses for healthcare workers
Possible Defenses:
We may argue that the prescriptions were obtained legally or that there was a misunderstanding regarding your medical needs.
Possession of Prescription Drugs Without a Prescription (§ 893.13(6)(a))
Possession of prescription drugs without a valid prescription is a common offense, often resulting from misunderstandings or administrative errors. Prosecutors must prove that the accused knowingly possessed the medication without lawful authorization.
Penalties:
- First-degree misdemeanor for small amounts, punishable by up to 1 year in jail
- Felony charges for larger quantities with up to 5 years in prison
Possible Defenses:
Our defense strategies may include proving the medication was prescribed or challenging the legality of the search and seizure that led to the discovery of the drugs.
Forged or Fraudulent Prescription (§ 893.13(7)(a)9.)
Altering or forging a prescription, whether by changing the dosage or fabricating a prescription altogether, is a serious offense under Florida law. Pharmacists are trained to detect fraudulent prescriptions, and law enforcement may conduct sting operations to catch offenders.
Penalties:
- Felony charges with up to 5 years in prison
- Heavy fines and probation
Possible Defenses:
We can argue mistaken identity, lack of criminal intent, or procedural violations during the investigation.
Unlawful Dispensing of Prescription Drugs (§ 893.13(3))
Pharmacists and healthcare providers can face criminal charges if they dispense prescription drugs without proper authorization or outside the scope of their professional duties.
Penalties:
- Felony charges with prison sentences of up to 15 years
- Loss of professional license
- Substantial fines
Possible Defenses:
Our legal team may challenge the evidence against you, demonstrating that you acted within the scope of your professional duties or lacked intent to commit a crime.
Can I Defend Against Prescription Drug Charges in Florida?
Every case is unique, and at Metcalf Falls, Criminal Defense Attorneys, P.A., we develop a personalized defense strategy to challenge the charges against you. Some common defense strategies include:
- You Didn’t Know About the Drugs: You were unaware that the prescription drugs were in your possession. Prosecutors will have to prove you had active possession of the drugs, not just that they were near you.
- You Had a Valid Prescription: If you can show you had a legal prescription from a licensed provider, the prosecution will have a harder case to prove you broke the law.
- You Were Entrapped: Law enforcement has rules for its investigations. If you were tricked or led into doing a crime by a law enforcement officer, you can argue that you were a victim of entrapment, forced to do a crime you would not have otherwise committed.
- You were Unlawfully Searched: If police violated your Fourth Amendment rights, our drug crime defense team can argue to the suppress that evidence.
Our experienced Tampa prescription drug crime lawyers will thoroughly investigate your case and identify the best possible defense.
What Are Some Consequences of a Prescription Drug Conviction?
A conviction for a prescription drug crime can have far-reaching consequences beyond jail time and fines. These include:
- Loss of Employment: Many employers conduct background checks, and a drug conviction can limit job opportunities.
- Professional License Suspension: Healthcare providers, pharmacists, and other professionals may face license revocation.
- Immigration Consequences: Non-citizens convicted of drug-related offenses could face deportation or visa revocation.
- Permanent Criminal Record: A conviction can impact your ability to secure housing, loans, or further educational opportunities.
The best way to protect your future is to fight the charges with the help of a skilled legal team.
How Metcalf Falls Can Help With Your Drug Crime
Our firm has a proven track record of successfully defending clients against prescription drug charges in Tampa and Hillsborough County. When you work with us, you can expect:
- Aggressive Defense: We will challenge the prosecution’s case and work to have your charges reduced or dismissed.
- Comprehensive Investigation: Our attorneys will analyze every detail of your case, from the traffic stop to the arrest.
- Personalized Legal Strategy: We tailor our defense approach to fit the unique circumstances of your case.
Don’t let prescription drug charges define your future. Our skilled legal team is here to protect your rights and fight for the best possible outcome.
FAQs about Florida’s Prescription Drug Crimes
Can I be charged with a prescription drug crime if I didn’t know the medication was illegal?
Yes, lack of knowledge is not always a defense. Florida law considers whether you knowingly possessed or used the medication without a valid prescription. However, an experienced attorney may be able to argue that you had no intent to commit a crime.
What should I do if I’m under investigation for prescription drug-related charges?
If you suspect you’re being investigated, it’s important not to speak to law enforcement without an attorney present. Anything you say can be used against you. Contact a drug crimes defense lawyer who can guide you through the process and protect your rights.
Are there alternatives to jail for prescription drug offenses in Florida?
In some cases, first-time offenders or individuals struggling with addiction may be eligible for diversion programs, probation, or drug treatment instead of jail time. A defense attorney can help you explore these options based on your case.
How does Florida define ‘possession’ in prescription drug cases?
Possession can be either actual (having the drugs on your person) or constructive (having control over the drugs, such as in your home or vehicle). Prosecutors must prove you were aware of the drugs and had control over them.
Can I be charged if I was holding prescription drugs for a friend or family member?
Yes, even if you had no intent to use the medication, possessing someone else’s prescription drugs without proper authorization is illegal under Florida law. It’s best to avoid holding or transporting medication that is not prescribed to you. You can ask a medical provider how to legally transport medication if necessary.
How long will a prescription drug conviction stay on my record?
A conviction for a prescription drug crime can stay on your criminal record permanently, potentially affecting your employment and housing opportunities. However, some cases may be eligible for expungement or sealing.
How soon should I contact a lawyer if I’m arrested for a prescription drug offense?
Immediately. The sooner you have legal representation, the better your chances of building a strong defense and avoiding critical mistakes that could harm your case.
Why Work With Our Tampa Drug Charge Defense Lawyers?
It’s easy to make a mistake when you’re carrying another person’s prescribed medications. Sometimes you could slip up with your own. Whatever the case, handling drug charges alone without the right defense attorney who knows how Tampa’s courts work, could mean you’re facing the worst outcome alone. Additionally, scrutiny by potential employers, landlords, and financial institutions could make life difficult after a conviction. You might not be able to secure a job, rent a home, return to school, or qualify for loans.
As a seasoned drug charge lawyer in Tampa, Attorney Brett Metcalf brings unique insight from his time as a prosecutor at the State Attorney’s Office. This background allows him to understand prosecutorial strategies, which he uses to his clients’ advantage in all drug charge cases.
Since 2012, Brett has worked tirelessly to defend Tampa residents accused of drug-related offenses. From the outset, he strives to have charges reduced or dismissed. If the case proceeds, Brett develops a robust defense strategy, aiming for pretrial dismissal, an acquittal, or minimized penalties based on the specifics of your situation.
Brett’s dedication has resulted in numerous successes and recognition from prestigious legal organizations. He has been named a Super Lawyers Rising Star in 2018, 2019, and 2020, boasts over 90 five-star reviews, and holds a perfect 10 rating on Avvo.com.
Contact Our Tampa Prescription Drug Crimes Lawyers Today
If you or a loved one has been charged with a prescription drug crime in Tampa or Hillsborough County, you need a dedicated legal team on your side. Metcalf Falls, Criminal Defense Attorneys, P.A. is ready to stand by you and provide a strong defense to help you avoid the severe consequences of a conviction.
Call us today at (813) 437-9894 to schedule your free consultation and discuss your legal options.
