79 Devine Street, Suite 100, San Jose, CA 95110


San Jose Attorney for Prescription Drug Charges

Alameda County Prescription Drug Charges Attorney

Defense Lawyer in Santa Clara County for Defendants Charged With Crimes Related to Prescription Medication

The federal and state laws that govern drug crimes cover more than just so-called "street drugs" or substances that are always illegal. These laws also cover prescription drugs. Depending on the type of drug, a prescription medication could be considered a controlled substance, just like heroin, cocaine, or methamphetamine. In the state of California, criminal charges are possible for the unlawful possession, trafficking, distribution, or manufacturing of a prescription drug.

At Fuller Law Firm, we know that a drug conviction could change the course of your life, even if the drug in question is a prescription medication. If you are facing charges related to a prescription drug of any kind, our team is equipped to help you protect your rights.

Types of Prescription Drug Charges in California

If you have been properly prescribed a medication by your doctor, it is legal for you to take your medication as directed. However, there are many situations in which possessing or using such drugs is against the law. There are also many different drugs that are commonly associated with illegal use, including:

  • OxyContin
  • Vicodin
  • Xanax
  • Adderall
  • Percocet
  • Fentanyl
  • Ritalin

The most basic charges involving prescription drugs are illegal possession and use. These charges can be pursued against anyone found to be in possession or using a prescription medication without a valid prescription. Such charges are usually misdemeanors, and a conviction can lead to up to one year in jail.

Charges become more serious if you are accused of possession for sale, as well as sale or transportation of prescription drugs. These charges are most often felonies and carry up to five years in prison.

Prescription Medication Fraud

Under California law, it is also illegal to obtain prescription drugs by means of fraud, deceit, or misrepresentation. Using someone else's identity, for example, or making a false statement to a medical professional can be considered prescription drug fraud. Pretending to be a doctor or a representative of a medical office could be charged as fraud as well if the intent was to procure a controlled substance.

Prescription drug fraud is a "wobbler" offense in California, which means that it can be charged as a misdemeanor or a felony at the discretion of the prosecutor. This decision is often affected by the type and amount of the drug involved, as well as the nature and extent of the fraudulent activity.

Palo Alto Attorney Protecting Your Rights

Attorney Cory Fuller and his team understand what is at stake when you are facing charges related to prescription drugs. We know that a conviction could follow you for the rest of your life, not to mention the seriousness of the potential criminal consequences. Our commitment to you begins the moment you contact our firm, as we will go right to work in investigating the circumstances of your arrest and the charges against you. We will look for any and all details that could be used in building your defense.

Depending on the situation, the evidence against you may be overwhelming, but that does not mean that your case is hopeless. We know that good people sometimes make mistakes, but we believe that people deserve second chances. Our team will help you obtain appropriate assessments, including addiction and mental health assessments, to determine if there are issues that may be contributing to your behavior. Based on the results of those assessments, we will build a case that allows the court and prosecutors to understand you as a whole person rather than just a criminal suspect. Using such an approach could allow you to qualify for certain diversion programs that are directed toward rehabilitation instead of harsh punishments.

Call 408-234-7563 Today

To learn more about Fuller Law Firm and how we can assist you, contact our office. Call 408-234-7563 for a free, confidential consultation with a member of our team today. We represent clients in San Jose, Palo Alto, Gilroy, Fremont, Alameda County, Santa Clara County, and the surrounding areas.

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