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Possession of Prescription Drugs

Every day in central Ohio, people are arrested on prescription drug possession charges ranging from Oxycodone and Percocet to Xanax and Oxycontin. The penalties for prescription drug possession can range from probation to a mandatory prison term. The penalties depend largely on the quantity of the prescription drug you are alleged to have possessed and your prior criminal history.

If you are charged with prescription drug possession under the Ohio Revised Code, you will be subject to a possible driver’s license suspension. In addition, a prescription drug possession conviction could disqualify you from student financial aid loans and can also cause licensure issues in some professions.

The Columbus Criminal Defense team takes a two pronged approach to all prescription drug possession cases. First and foremost, we will figure out what mistakes the police made and what legal issues can be raised on your behalf. Some potential legal issues we look for in every prescription drug possession case include:

  • Fourth Amendment violations;
  • Warrants issued without probable cause;
  • Wiretapping and other illegal surveillance;
  • Miranda Rights warnings omitted, abridged or defied by police and prosecutors;
  • Statements and evidence illegally obtained, or improperly allowed at trial; and
  • Findings delivered as a result of canine searches (drug-sniffing dogs).
  • Lab analysis issues
We do this by requesting discovery from the prosecutor. The discovery will generally consist of police reports, additional investigative notes and a lab analysis of the prescription drug. As our client, you will receive a copy of everything received from the prosecutor for your review.

Based on the legal weaknesses in the State of Ohio’s case and any other mitigating factors, we will negotiate the best possible plea available with the prosecutor for you to consider in resolving your case.

If your case cannot be resolved satisfactorily with a plea, it would then proceed to a motion hearing (a hearing where the judge issues a ruling on an evidentiary issue) or a trial to the judge or jury, depending on the circumstances.

The second approach taken by the Columbus Criminal Defense team is to identify whether you have a substance abuse problem and if there are treatment programs available in lieu of jail or prison.

For nearly ten years, the Columbus Criminal Defense team has successfully represented clients on prescription drug possession charges. That extensive previous experience will enable us to better help you.

Contact Us today!

Are you in trouble? Contact us.

If you’ve been charged with possession of drugs, it’s important to know what you’re up against. If you have any questions left unanswered by this page, or if you need a competent, experienced prescription drug attorney to fight for you in court, please contact us at or via email at advice@columbuscriminalattorney.com.

Percocet

This is a felony of the fifth degree and carries the following penalties:
  • A prison term of six months to a year
    • In its place, your judge may sentence you to probation or other community control punishments
  • At most, a fine of $2,500
  • Possible suspension of your driver’s license, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license
This is a felony of the third degree and carries the following penalties:
  • A prison term of nine months to three years
  • A fine of $5,000 to $10,000
  • Possible suspension of your driver’s license, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

This is a felony of the second degree and carries the following penalties:

  • A mandatory prison term of two to eight years
  • A fine of $7,500 to $15,000
  • Possible suspension of your driver’s license, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

This is a felony of the first degree and carries the following penalties:

  • A mandatory prison term of three to 11 years
  • A fine of $10,000 to $20,000
  • Possible suspension of your driver’s license, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

This is a felony of the first degree and carries the following penalties:

  • A mandatory prison term of 11 years
  • A fine of $10,000 to $20,000
  • Possible suspension of your driver’s license, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

Vicodin

This is a misdemeanor of the first degree and carries the following penalties:

  • A jail sentence of up to 180 days
    • In its place, your judge may sentence you to probation or other community control punishments
  • At most, a fine of $1,000
  • Possible suspension of your driver’s license, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

This is a felony of the fifth degree and carries the following penalties:

  • A prison term of six months to a year
    • In its place, your judge may sentence you to probation or other community control punishments
  • At most, a fine of $2,500
  • Possible suspension of your driver’s license, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

This is a felony of the fourth degree and carries the following penalties:

  • A prison term of six to 18 months
    • In its place, your judge may sentence you to probation or other community control punishments
  • At most, a fine of $5,000
  • Possible suspension of your driver’s license, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

This is a felony of the third degree and carries the following penalties:

  • A prison term of nine months to three years
    • If you have two or more prior drug abuse convictions, this will be mandatory
  • A fine of $5,000 to $10,000
  • Possible suspension of your driver’s license, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

This is a felony of the second degree and carries the following penalties:

  • A mandatory prison term of two to eight years
  • A fine of $7,500 to $15,000
  • Possible suspension of your driver’s license, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

Oxycontin/Oxycodone

This is a felony of the fifth degree and carries the following penalties:
  • A jail sentence of six months to a year
    • In its place, your judge may sentence you to probation or other community control punishments
  • At most, a fine of $2,500
  • Possible suspension of your driver’s license, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license
This is a felony of the third degree and carries the following penalties:
  • A prison term of nine months to three years
  • A fine of $5,000 to $10,000
  • Possible suspension of your driver’s license, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license
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This is a felony of the second degree and carries the following penalties:

  • A mandatory prison term of two to eight years
  • A fine of $7,500 to $15,000
  • Possible suspension of your driver’s license, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

This is a felony of the first degree and carries the following penalties:

  • A mandatory prison term of three to 11 years
  • A fine of $10,000 to $20,000
  • Possible suspension of your driver’s license, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

This is a felony of the first degree and carries the following penalties:

  • A mandatory prison term of 11 years
  • A fine of $10,000 to $20,000
  • Possible suspension of your driver’s license, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

Xanax

This is a misdemeanor of the first degree and carries the following penalties:

  • A jail sentence of up to 180 days
    • In its place, your judge may sentence you to probation or other community control punishments
  • At most, a fine of $1,000
  • Possible suspension of your driver’s license, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

This is a felony of the fifth degree and carries the following penalties:

  • A prison term of six months to a year
    • In its place, your judge may sentence you to probation or other community control punishments
  • At most, a fine of $2,500
  • Possible suspension of your driver’s license, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

This is a felony of the fourth degree and carries the following penalties:

  • A prison term of six to 18 months
    • In its place, your judge may sentence you to probation or other community control punishments
  • At most, a fine of $5,000
  • Possible suspension of your driver’s license, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

This is a felony of the third degree and carries the following penalties:

  • A prison term of nine months to three years
    • If you have two or more prior drug abuse convictions, this will be mandatory
  • A fine of $5,000 to $10,000
  • Possible suspension of your driver’s license, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

This is a felony of the second degree and carries the following penalties:

  • A mandatory prison term of two to eight years
  • A fine of $7,500 to $15,000
  • Possible suspension of your driver’s license, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

Adderall

This is a felony of the fifth degree and carries the following penalties:
  • A prison term of six months to a year
    • In its place, your judge may sentence you to probation or other community control punishments
  • At most, a fine of $2,500
  • Possible suspension of your driver’s license, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license
This is a felony of the third degree and carries the following penalties:
  • A prison term of nine months to three years
  • A fine ranging from $5,000 to $10,000
  • Possible suspension of your driver’s license, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

This is a felony of the second degree and carries the following penalties:

  • A mandatory prison term of two to eight years
  • A fine of $7,500 to $15,000
  • Possible suspension of your driver’s license, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

This is a felony of the first degree and carries the following penalties:

  • A mandatory prison term of three to 11 years
  • A fine of $10,000 to $20,000
  • Possible suspension of your driver’s license, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

This is a felony of the first degree and carries the following penalties:

  • A mandatory prison term of 11 years
  • A fine of $10,000 to $20,000
  • Possible suspension of your driver’s license, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

Soma

This is a misdemeanor of the first degree and carries the following penalties:

  • A jail sentence of up to 180 days
    • In its place, your judge may sentence you to probation or other community control punishments
  • At most, a fine of $1,000
  • Possible suspension of your driver’s license, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

This is a felony of the fifth degree and carries the following penalties:

  • A prison term of six months to a year
    • In its place, your judge may sentence you to probation or other community control punishments
  • At most, a fine of $2,500
  • Possible suspension of your driver’s license, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

This is a felony of the fourth degree and carries the following penalties:

  • A prison term of six to 18 months
    • In its place, your judge may sentence you to probation or other community control punishments
  • At most, a fine of $5,000
  • Possible suspension of your driver’s license, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

This is a felony of the third degree and carries the following penalties:

  • A prison term of nine months to three years
    • If you have two or more prior drug abuse convictions, this will be mandatory
  • A fine of $5,000 to $10,000
  • Possible suspension of your driver’s license, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

This is a felony of the second degree and carries the following penalties:

  • A mandatory prison term of two to eight years
  • A fine of $7,500 to $15,000
  • Possible suspension of your driver’s license, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license
Have a question we didn’t answer below? Feel free to email us or call us and we’ll help you out.

No. As long as you can account for every pill by producing copies of your prescriptions, you’re in the clear.
Not necessarily. You could qualify for “constructive possession” if you were aware the drug was in your vicinity, you knew it was illegal and it was close enough to you that someone could reasonably assume it was yours.If you are in a situation like this, it’s important that you speak with an experienced criminal defense attorney to see what kinds of defenses are available to you.
Generally, a criminal defense attorney will first look to see whether your right to be protected against illegal search and seizure was violated in any way during the incident. Officers must have probable cause before stopping you to commit a search. Any violation in protocol has the potential to help your case.

Get In Touch

Contact Us

Luftman, Heck & Associates LLP
580 E Rich St Fl 2
Columbus, OH 43215-5335
advice@columbuscriminalattorney.com

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FAX: (614) 413-2886